Terms of Service

Your Account

Certain areas of the App may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the App or any features at all. If the App requires you to create an account or otherwise submit information, you agree that you will provide accurate and complete information for your user account; that you will not impersonate a third party in your communications with Company; that you will only submit information that is consistent with the Content Policy and our Community Guidelines; and that you will otherwise comply with these Terms, including the Posting Policy section of these Terms. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You may not authorize any other person or entity to use your account or to access restricted or protected content or features available at the Company App. Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.

You are solely responsible for the activity that occurs on your account, including all transactions and other activities undertaken with your device and any stored payment card, whether authorized or unauthorized. You must keep your user account, username, and password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the App. Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Company will not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the App.

Our App is not intended for, and we do not knowingly collect any personal data from, children under the age of 18. If we learn we have collected or received personal data from a child under 18 years old without verification of parental consent, we will delete that information.

Use of the App

While using the App, you agree not to engage in (or allow any third party to engage in) any of the following prohibited activities:

1. you will not use any electronic communication feature of the App for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful;
2. you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
3. you will not collect or store personal data about other users;
4. you will not use the App for any commercial purpose not expressly approved by Company in writing;
5. you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication;
6. you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
7. use, display, mirror or frame the App, any individual element within the App, or Company’s name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
8. create a database by systematically downloading and storing user content or Company Content from the App;
9. forward any data generated through the App without the prior written consent of Company;
10. access the App by any means other than through the interface provided by Company and as otherwise expressly authorized under these Terms;
11. access, tamper with, or use non-public areas of the App, our computer systems, or the technical delivery systems of our providers;
12. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of our providers or any other third party (including another user) to protect the App;
13. forge headers or otherwise manipulate identifiers in order to disguise the origin of any user content transmitted through the App;
14. attempt to access or search the App or scrape or download user content, Company Content, or other data or content from the App, or otherwise transmit content to, or create new links, reposts, or referrals in the App through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software or search agents provided by Company;
15. send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
16. use any meta tags or other hidden text or metadata utilizing the App or Company’s trademark, logo, or URL without Company’s express written consent;
17. copy, modify, create derivative works from, decipher, decompile, disassemble, reverse engineer, reverse assemble, or otherwise attempt to discover any source code for any of the software of the App or any Company Content, or attempt to do any of the foregoing;
18. interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing the App;
19. reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the App (including your account) or your access to or use of the App;
20. disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the App are able to type, or otherwise act in a manner that negatively affects the ability of other users to engage in real-time exchanges;
21. stalk or otherwise harass another person or entity;
22. impersonate or misrepresent your affiliation with any person or entity;
23. violate any applicable law or regulation; or
24. encourage or enable any other individual to do any of the activities prohibited in these Terms.

Medical Information

The App is intended for use by healthcare professionals. The content made available through the App is provided for informational purposes only and is not a substitute for your professional judgment or decision-making responsibility, including when diagnosing or treating patients. You are solely responsible for independently evaluating all content before relying on it, and your decision to do so is at your own risk. You agree that neither Company nor any Company affiliate, licensor, content provider, service provider, or other business partner is responsible for any decisions made based on content obtained through your use of the App nor liable for any related claim, loss, or damages. You agree not to use the App as a clinical decision support tool or to diagnose, prevent, or treat any medical condition, or establish a physician–patient relationship. You are solely responsible for ensuring that your use of the App complies with applicable laws, including all disclosure obligations in connection with patient care, and for obtaining all necessary consents and authorizations, including under HIPAA or other applicable privacy laws, from your patients, employer, or other relevant parties prior to use.

Company is not engaged in the practice of medicine or the provision of healthcare or diagnostic services, and does not recommend, endorse, or provide advice regarding specific drugs, tests, healthcare providers, treatments, products, procedures, opinions, off-label drug uses. Company may work directly with select members who provide content and other services in connection with the App (“Member Contributors”). Such review reflects the independent professional judgment of the Member Contributor at the time of review and does not constitute a guarantee of accuracy, completeness, or applicability to any specific clinical situation or Company’s endorsement of such Member Contributor’s content.

State and federal laws, as well as ethical and licensure requirements of your profession and health regulatory college and licensing requirements impose obligations with respect to protection of privacy and patient confidentiality that may limit the ability of physicians, healthcare providers, and persons acting on their behalf, to make use of certain confidential patient information (“Patient Information”) and/or to transmit Patient Information to third parties without express consent. You represent and warrant that you will, at all times, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of Patient Information, and require all persons or entities under your direction or control to comply with such laws. You are, at all times, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information that you transmit, store, or receive in connection with the App and any Third-Party Service.

Personal Information

On certain areas of our App, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection, use and sharing practices.

Company Content

Content on this App that is provided by Company or its licensors, including data, videos, graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Company Content”) is the property of Company and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any Company Content located on the App for use in any publications, in public performances, on websites other than this App for any other commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company's or its licensor's property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Company Content or third party content that appears on this App.

Subject to your compliance with these Terms, Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on your mobile devices and/or computer that you own or control and to run such copies of the App solely for your own personal and professional use.

Posting Policy

From time to time on certain areas of our App you may be able to submit photos, written posts and certain other materials (“Your Data”). By using these features, you agree that you will not:

1. post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Company;
2. post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual, legal, or ethical obligation to keep private or confidential;
3. impersonate any person or organization, including the personnel of Company, or misrepresent an affiliation with another person or organization;
4. post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the App, or feature of the App; or
5. provide false or misleading user content (whether intentionally, negligently, or otherwise).

You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the App or features therein. Company may delete all Your Data associated with your account at any time, and without notice, if Company deems that you have violated these Terms, the law, or for any other reason. Company assumes no liability for any information removed from our App and reserves the right to permanently restrict access to the App or a user account.

By providing, displaying, publishing, or otherwise posting any Your Data on or through the App, you hereby grant to Company a perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers), transferable, worldwide, fully-paid, royalty free license, in all fields of use, under any and all rights (including all patent, trade secret, copyright and other intellectual property rights) in and with respect to Your Data or any portion thereof, including all rights to make, have made, import, use, offer for sale, sell, copy, modify, create derivative works, publicly perform, publicly display, distribute and otherwise commercially exploit Your Data or any portion thereof. This license includes the right to host, index, cache, distribute, and tag any Your Data. You continue to retain all ownership rights in your Your Data, and you continue to have the right to use Your Data in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the App and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the App (“Feedback”). You may submit Feedback by emailing us. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

Authorization to Contact You

By clicking on the “SIGN UP” button, you hereby expressly consent to the receipt of periodic email marketing newsletters and other communications from us. At any time, you may “opt-out” of the receipt of any such newsletters or other communications by completing the unsubscribe process linked in any such communications or by updating your user preferences on the App or App. Notwithstanding the foregoing, you understand and agree that the App may include certain communications (including emails) from Company related to (a) the implementation of the App’s Privacy Policy and your obligations thereunder with regard to Your Data, (b) transactional emails (such as for resetting your password), (c) communications necessary for legitimate interests, and (d) sponsored group messages in your feed. You will not be able to opt out of communications that fall under (a), (b), (c) or (d) above.

Third Party Websites

This App may hyperlink to sites not maintained by or related to Company (“Third-Party Services”). Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this App or Company, and Company makes no representations or warranties about the content, completeness, or accuracy of those Third-Party Services. Information you submit at a Third-Party Service accessible from this App is subject to the terms of that site's privacy policy, and Company has no control over how your information is collected, used, or otherwise handled. You are responsible for evaluating whether to access or use any Third-Party Service and agree to assume all risks associated with such use, including the risk that the Third-Party Service may not comply with applicable laws. You are solely responsible for ensuring your use of any Third-Party Service complies with all laws governing your professional practice, including those relating to prescription drug management and patient privacy. Company disclaims any liability for the actions, omissions, or failures of Third-Party Service providers, including any unauthorized access to or breach of data you share with a Third-Party Service, and does not warrant their compliance with applicable laws, including the Health Insurance Portability and Accountability Act, Drug Enforcement Administration regulations, or state pharmacy and professional licensing laws.

Artificial Intelligence

Company may use generative artificial intelligence (“GenAI”) tools to support certain features on the App. These tools can help with things like content suggestions, search results, summaries, and other automated functions. By using the App, you acknowledge and agree to the following:

1. GenAI tools can produce results that seem plausible but are factually incorrect, misleading, outdated, or incomplete. Company does not guarantee the accuracy, reliability, completeness, or timeliness of any content generated or assisted by GenAI. You are responsible for independently verifying any GenAI-generated information before acting on it.
2. When you interact with Gen-AI-powered features on the App, the information you provide—such as search queries, prompts, or other inputs—may be processed by the GenAI tools to generate responses. You should not submit any protected health information, personally identifiable patient data, or other confidential information to any GenAI-powered feature on the App unless expressly instructed otherwise in the applicable feature's terms.
3. Company may modify, suspend, or discontinue any GenAI-powered features at any time and without prior notice. We may also update this disclaimer from time to time to reflect changes in our use of GenAI tools or in applicable law.

Additional Terms

You understand that certain offers, products, services, programs and features that may be available on the App may be subject to additional specific terms and conditions (“Additional Terms”). This may include loyalty programs, contests, sweepstakes, or other promotions. In the event of any conflict between these Terms and any such specific terms and conditions, the Additional Terms will control.

Mobile Device Users

The App requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the App, including administrative messages, service announcements, diagnostic data reports, and App updates, from Company, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the App, including payment of all third-party fees associated therewith, including fees for information sent to or through the App.

Company may, at its discretion, automatically download App updates to your device from time to time. You agree to accept these App updates, and to pay for any costs associated with receiving them. The App may not work with all devices or all mobile carriers. Company makes no representations that the App will be compatible with or provided by all mobile carriers. In the event that fees are charged for the App, or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

Users of the Apple App

If you download and use our iPhone or iPad App: You, the end-user of this App, acknowledge that this agreement is entered into by and between Company and its affiliates, and you, and not with Apple, Inc., and Apple, Inc. is not responsible for the App, the services, and/or the content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the App. You acknowledge that you have reviewed and agree to the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS), including the Usage Rules set forth therein. This agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms, the App is considered the “Licensed Application” as defined in the LAEULA and we are considered the “Application Provider” as defined in the LAEULA. If any terms of these Terms conflict with the terms of the LAEULA, these Terms will control. In the event of any failure of the App to conform to any applicable warranty set forth herein, you acknowledge that to the maximum extent permitted by applicable law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the App (including a third party claim that the App infringes that third party's intellectual property rights) or your use or possession of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

Indemnification

You agree to indemnify and hold Company, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy, Content Policy, or any violations thereof by your dependents or which arises from the use of Your Data you submitted, posted, or otherwise provided to Company or this App.

Release

If you have a dispute with one or more users, you release Company (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. COMPANY IS NOT RESPONSIBLE FOR A USER'S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, UPLOAD, OR TRANSMIT VIA THE APP UNLESS OTHERWISE EXPRESSLY AGREED BY COMPANY PURSUANT TO A SEPARATE WRITTEN AGREEMENT.

Representations and Limitations of Liability

Company makes no representations or warranties about the reliability of the features of this App, the App content, Your Data, or any other App feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Company makes no representations or warranties regarding the amount of time that any App content or Your Data will be preserved.

Company does not endorse, verify, evaluate or guarantee any information provided by users and nothing will be considered as an endorsement, verification or guarantee of any Your Data. You will not create or distribute information, including advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Company without the prior review and written approval of Company.

Proprietary Rights Complaint Process

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Proprietary Rights Complaint Process and follow the instructions.

Jurisdiction and Venue and Governing Law

Except as provided herein, and to the fullest extent permitted under applicable law, jurisdiction and venue of any matter or Dispute (defined below) not subject to arbitration will reside exclusively in a state or federal court sitting in Idaho.

Except as provided herein, and to the fullest extent permitted under applicable law, these Terms are to be construed in accordance with and governed by the laws of the State of Idaho, without regard to its choice of law principles, except that, as applicable, the Federal Arbitration Act (“FAA”) will govern the arbitration and Individual Arbitration Agreement without giving effect to any state law to the contrary.

Notwithstanding anything to the contrary herein, residents of a state with a law providing that agreements requiring resolution of claims or Disputes outside of that state are void, unlawful, or unenforceable, will be entitled to pursue resolution of claims and Disputes within the state in which they reside, to the extent required under that state’s law. For such claims and Disputes brought in such other state, to the extent allowed by that state’s law, all other terms of the Individual Arbitration Agreement and Class Action Waiver will apply to such claim or Dispute, including the mutual obligation to arbitrate and/or litigate claims and Disputes on an individual basis.

Miscellaneous

Both you and Company acknowledge and agree that no partnership is formed and neither of you nor Company has the power or the authority to obligate or bind the other.

The failure or delay of Company to comply with these Terms because of an act of God, war, fire, riot, terrorism, labor disputes difficulties, civil disorder, earthquake, insurrection, adverse weather, curtailment of a source of supply or transportation facilities, disaster, disease, declared state of emergency, plague, quarantine or restriction, epidemic or pandemic, catastrophe, actions of federal, state, or local governmental authorities barring or restricting the Company’s business activities, or for any other event or circumstance beyond the reasonable control of Company, whether foreseeable or unforeseeable, that materially hinders Company’s timely performance will not be deemed a breach of these Terms. Company will exercise commercially reasonable efforts after the event to overcome its effects in order to resume performance.

If Company fails to act with respect to your breach or anyone else's breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be unenforceable, the unenforceable provision will be modified or severed so as to render these Terms enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision unenforceable, the enforceability of the remaining provisions of these Terms will not be affected in any way.

You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Company. Company has the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third parties to fulfill our duties and obligations under these Terms and in connection with the App.

As used herein, the word “including” or any variation thereof means (unless the context of its usage otherwise requires) “including, without limitation” and will not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it.

If any provision of the Terms, in its current form or as may be amended, is found to be invalid or unenforceable for any reason, only the invalid portion(s) of the provision will be severed, and the remaining terms and provisions will remain in full force and effect. The severed provision, or portion thereof, will be reformed to reflect the purpose of the provision as closely as possible. This provision will survive the expiration or cancellation of the Terms for any reason.

These Terms constitute a binding agreement between you and Company. These Terms constitute the entire agreement between you and Company regarding the use of the App and your account.

Binding Individual Arbitration Agreement (the “Individual Arbitration Agreement”)

This Individual Arbitration Agreement will survive termination of the Terms.

Although the Terms are made and entered into between you and Company, Company’s affiliates, owners, members, managers, directors, and employees (the “Related Parties”) are intended third-party beneficiaries of the Terms for purposes of the provisions of the Terms referring specifically to them, including the Individual Arbitration Agreement. You, Company, and the Related Parties (each, together with, as applicable, each of the Related Parties, a “Party” and collectively, the “Parties”) acknowledge that nothing contained herein is intended to create any involvement by, responsibility of, or liability for, the Related Parties with respect to any dealings between you on the one hand and Company on the other hand, and the Parties further acknowledge that nothing contained herein will be argued by any of them to constitute any waiver by the Related Parties of any defense that Related Parties may otherwise have concerning whether they can properly be made a Party to any Dispute between the other Parties.

Except as otherwise provided herein, any controversy, claim or dispute between you, on the one hand, and Company and/or the Related Parties, on the other, arising out of or relating to the Terms, the App, use of the App, or the Privacy Policy, whether such claim is based on rights, privileges or interests recognized by or based upon statute, contract, tort, common law or otherwise (“Dispute”), will be settled through binding arbitration as provided in this Individual Arbitration Agreement.

Except as provided herein, the arbitrator(s) will have the exclusive power to determine and rule upon challenges to the arbitrator’s jurisdiction to preside over the Dispute, including any objections with respect to the existence, scope, or validity of this Individual Arbitration Agreement and/or to the arbitrability of any Dispute.

Except as provided herein, and unless the laws of the state or province in which you reside expressly require otherwise, all Disputes will be submitted for resolution to binding arbitration in Idaho in accordance with the rules of the Judicial Arbitration and Mediation Services (JAMS) and this Individual Arbitration Agreement, with the Individual Arbitration Agreement controlling in the event of any conflict. The JAMS rules and procedures are available at jamsadr.com and will be provided upon request to contact@murmurmd.com.

Notwithstanding the rules of JAMS, the following will apply to all arbitrations:

• The Governing Law provision of the Terms applies.
• The Parties agree that time is of the essence.
• The arbitration will be conducted in English (with appropriate translators as may be necessary).
• The Federal Rules of Evidence will apply in all cases.
• The Parties will be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure.
• The Parties will be allotted equal time to present their respective cases, including cross-examinations.
• The decision of the arbitrator will be final and binding on the Parties and may, if necessary, be reduced to a judgment in a court of competent jurisdiction, except that a Party may choose to appeal certain arbitration awards as described below. Any motion or action to confirm, vacate, modify, or otherwise enter judgment on the award will comply with the Jurisdiction and Venue and Governing Law provision of the Terms. Further, to the fullest extent allowed by law, any Party seeking to enforce an award of an arbitrator(s) will submit the award under seal to maintain protections of confidential information, and the Parties hereby agree and consent to the filing of such a submission, motion, or order under seal.
• The arbitrator(s) will have no authority to award punitive damages, except where an applicable law or statute expressly require otherwise.

In addition to the foregoing and notwithstanding the rules of JAMS, certain procedures will apply depending on the amount in controversy. For Disputes in which the amount in controversy is less than $1,000,000.00 (one million dollars), the following procedures will apply absent mutual written agreement of the Parties to the contrary:

• The arbitration will occur within 180 days from the date on which the arbitrator is appointed and will last no more than five business days.
• There will be one arbitrator selected from the panel provided by JAMS, using the JAMS rules for arbitrator selection.
• The arbitrator will institute discovery consistent with the goals of arbitration. Discovery and disclosure of information will be conducted under the rules provided by JAMS to achieve the usual goals of arbitration, including cost effective and efficient resolution of disputes between Parties, but in no event will, the Parties be entitled to discovery rights greater than provided by the Federal Rules of Civil Procedure.

For Disputes in which the amount in controversy is equal to or exceeds $1,000,000.00, the following procedures will apply absent mutual written agreement of the Parties to the contrary:

• There will be three arbitrators selected from the panel provided by JAMS, using the JAMS rules for arbitrator selection.
• The Parties will be entitled to, and limited by, all discovery rights permitted by the Federal Rules of Civil Procedure.
• The Parties will be entitled to appeal any arbitration award to an Appeal Panel under the JAMS Optional Arbitration Appeal Procedures. The Parties agree to request oral argument for any appeal filed under the Optional Arbitration Appeal Procedures.

The Parties understand and agree that Company has valuable trade secrets and confidential information. The Parties agree to take all necessary steps to protect from public disclosure of such trade secrets and confidential information in any proceeding pursuant to this Individual Arbitration Agreement.

Except as provided below, no Party will be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter has been submitted and determined as provided here, and then only for the enforcement of such arbitration award. Notwithstanding this Individual Arbitration Agreement, any Party may apply to a court of competent jurisdiction as necessary to enforce an arbitration award, or to seek a temporary restraining order or temporary or preliminary injunction to ensure that the relief sought in arbitration is not rendered ineffectual during the pendency of, or after the rendition of, a decision in any arbitration proceeding. Furthermore, notwithstanding anything to the contrary herein, to the extent a Party contests the jurisdiction of a state or federal court to preside over claims for a temporary restraining order or temporary or preliminary injunctive relief as described above, the court in which such claim is made will have exclusive jurisdiction to determine whether it has jurisdiction to preside over and rule upon a Party’s request for the court to issue a temporary restraining order or temporary or preliminary injunction. The institution of any action will not constitute a waiver of the right or obligation of any Party to submit any claim seeking relief other than that provided in this paragraph to arbitration.

Other than your initial filing fees up to a maximum of $250, Company will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration proceedings commenced pursuant to the provisions of these Terms of Service. Notwithstanding the forgoing sentence, to the fullest extent permitted under applicable law, you will be responsible for all additional fees and costs incurred in the arbitration, including your attorney and expert witness fees and costs.

Bellwether Arbitration Procedures

Notwithstanding any provision of the JAMS Rules, these bellwether procedures will be used when more than 10 arbitration cases pending at the same time present substantially similar or overlapping allegations of fact or law. Notwithstanding anything to the contrary provided herein, a court of competent jurisdiction, and not JAMS or an arbitrator, will resolve any dispute over whether these bellwether procedures apply to any group of claims.

The Parties recognize and agree that a large number of arbitration cases with similar allegations will impose excessive transaction costs regardless of the cases’ merit or lack of merit. The Parties also recognize and agree that it is logistically difficult or impossible to arbitrate simultaneously large numbers of substantially similar cases. The Parties therefore agree to use bellwether litigation procedures similar to those that courts use in mass-tort cases, based on the judiciary’s experience that, after one or a few cases are tried to verdict, most or all of the other cases settle or otherwise resolve themselves.

The Parties thus agree that, to the maximum extent permitted by law, no more than 10 cases/arbitrations will be active at any one time. All remaining cases will be stayed, with the statute of limitations tolled. The Parties understand and agree that if these bellwether arbitration procedures apply, then adjudication of the Dispute may be delayed. Unless the Dispute resolves in advance, and notwithstanding anything to the contrary herein, the arbitrator(s) will render their final and binding decision in any Dispute subject to these bellwether procedures within 180 days of the initial pre-hearing conference.

As soon as one of the original active cases is resolved (by decision, settlement, or otherwise), a stayed arbitration will replace it on the list of 10 active cases/arbitrations. Except as provided below, cases will be placed on or moved to the active list in the order in which demands for arbitration are first received. Until a case is on or is moved to the list of 10 active cases, the sum any Party paid to initiate a case will be refunded, and no Party will have any obligation to pay any JAMS or arbitrator fees.

If you claim exceptional hardship from any delay pursuant to this bellwether procedure, you may petition Company to waive the 10-case limit for that case. If Company does not agree, you may petition JAMS to place the arbitration on the list of 10 active cases, on the ground that delay will impose exceptional hardship. If JAMS finds exceptional hardship and grants the petition, JAMS will (based on its determination of relative hardship) remove one other case from the list of 10 active cases/arbitrations and place it at the head of the list of stayed cases. Under no circumstances will JAMS place more than 10 cases/arbitrations into active status. If more than 10 hardship applications are granted, JAMS will determine which 10 cases/arbitrations will proceed first, based on its determination of relative hardship.

Opting out of the Individual Arbitration Agreement

If you do not want to be subject to this Individual Arbitration Agreement, you may opt out by notifying Company in writing of your desire to opt out within 30 days of your execution of the Individual Arbitration Agreement. Acceptable forms of notice include sending an email to contact@murmurmd.com or by sending a letter dated and signed by you to the following address:

Either email or letter must clearly state your name and the intent to opt out of this Individual Arbitration Agreement. Company reserves the right to terminate your account if you choose to opt out of the Individual Arbitration Agreement.

Notwithstanding anything to the contrary in the Terms of Service, any amendment by Company to this Individual Arbitration Agreement will take effect only upon your express agreement to such amendment. You may indicate agreement to such proposed amendment by following the instructions accompanying the proposed amendment. Company may terminate your account if you do not agree to a proposed amendment to the Individual Arbitration Agreement within thirty (30) days after notice of the amendment is provided. Any such amendment will apply to all claims or other Disputes brought by the Parties on or after the effective date of the amendment, regardless of the date of occurrence or accrual of any facts underlying such claims or Disputes.

If any provision of this Individual Arbitration Agreement, in its current form or as may be amended, is found to be invalid or unenforceable for any reason, such provision will be severed, and the severed provision will be reformed only to the extent necessary to make it enforceable. The balance of the Individual Arbitration Agreement will remain in full force and effect.

Class Action Waiver

Proprietary Rights Complaint Process and Notification Form

If you are a trademark or copyright owner and you believe that your rights have been violated in any way, please complete and submit a signed copy of the form below, and send to our designated agent at contact@murmurmd.com. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2).

Upon receipt of a fully completed and signed notification form, we will disable access to the allegedly infringing materials and will promptly notify the individual who posted the materials that access has been disabled as is our obligation under the Copyright Act. If your notification is unsigned or is not on our form and does not contain the authorization language of our form, we will work with you to obtain a properly executed notification. If any of the other information is missing from your notification, however, we will not be able to respond to your request.

Pursuant to 17 U.S.C. § 512(g)(2), the individual who posted the materials may provide us with counter-notification that the materials were removed or disabled as the result of a mistake or misidentification of the materials. This counter-notification must (1) be signed, (2) include the individual's name, address and telephone number, (3) include a statement that the individual is making the counter-notification under penalty of perjury, and (4) state that the person consents to the jurisdiction of the federal district court where his or her address is located. If we receive such a counter-notification, and we determine that we would like to restore access to the materials, a copy will be sent to you notifying you that access to the materials will be restored within ten business days. Access will be restored between the tenth and fourteenth business day after we receive a counter-notification unless you inform us that you have filed an action seeking a court order to restrain the individual who made the posting from engaging in infringing activity on our network and servers. If we determine that we do not want to restore access to the materials, you will not receive any further notification.