Last Updated: March 12, 2025
INTELICHART, LLC
TERMS & CONDITIONS OF USE
These Terms & Conditions of Use (including all other terms incorporated herein by reference, these "Terms") are a legal agreement between you and InteliChart that becomes effective when you accept them to register for InteliChart's Patient Portal. By checking "I Accept the Terms and Conditions of Use" box included as part of the Patient Portal registration, you expressly agree and consent to be bound by these Terms, including your agreement that any dispute (as defined in Section 14 below) arising out of or related to these Terms or the breach hereof will be resolved by binding arbitration, rather than in court. If you do not agree to these Terms, you may not complete your Patient Portal registration and you may not access or use the Patient Portal or any other Applications. Read these Terms carefully in their entirety as they limit our potential liability to you and restrict your ability to bring actions against us in connection with your use of the Applications.
In these Terms:
When you accept and comply with these Terms, you receive a free, limited, non-exclusive and non-transferable, personal, non-commercial license to use from within the United States the features and functionality that then are made available to you through the Applications, in accordance with these Terms (as may be amended from time-to-time in accordance with these Terms). InteliChart reserves all right, title and interest in and to the Applications and the Content and except for the limited license granted above, you acquire no rights in or to the Applications or the Content. If your use of any Application fails to comply with these Terms, it is a breach of these Terms and may violate InteliChart's copyright, trademark, and other laws.
1. Privacy and Security.
We know that the privacy and security of your information is important to you, and we agree that any information you provide to InteliChart (or that you direct or authorize to be transferred to the InteliChart Servers) in connection with either the creation of your Portal Account or your subsequent use of the Patient Portal or any other Applications will be stored, used and shared by InteliChart as described in our privacy policy ("Privacy Policy"), which is incorporated herein by reference and which you can review here. By creating and using your Portal Account, you are certifying to us that you have read and understood the Privacy Policy, and that you authorize us to use and disclose your information as described in the Privacy Policy.
2. Portal Accounts and Use of the Patient Portal.
2.1 Each of the Patient Portal and Patient Intake is a free service we provide that allows you to record and maintain limited amounts of certain personal health information on a voluntary basis for the purpose of creating and/or managing your personal health record and to interact and communicate with your Providers.
2.2 Only persons in the United States who are 18 years of age or older are authorized to create and use a Portal Account and/or any of the other Applications.
2.3 To create your Portal Account, you will be required to provide certain personal information. You represent and warrant to InteliChart that all information you provide or supply to InteliChart pursuant to the Patient Portal, Patient Intake and the other Applications, including without limitation, your registration information, is accurate and complete. When you create your Portal Account, you will be required to establish login credentials (e.g., e-mail and password) for your Portal Account. You should not share your login credentials with anybody, and you should take precautions to protect your login credentials from discovery by others. You agree that you are responsible for all activity that occurs through use of your Portal Account, and you agree to notify your Providers immediately of any unauthorized use of your Portal Account login credentials or your Portal Account that you discover.
2.4 InteliChart assumes no responsibility or liability for any information that you submit to the Patient Portal, Patient Intake and/or any other Application, or for any use or misuse by you or third parties of information transmitted or received using the Patient Portal, Patient Intake and/or any other Application.
3. Third-Party Web Sites.
3.1 When using the Patient Portal or Patient Intake, clicking on certain links (including any advertisements) will redirect you to web sites that are operated and controlled by organizations other than InteliChart ("Third-Party Web Sites"). For example, when using Patient Portal's Health Library, you sometimes will be redirected to Third-Party Web Sites for additional information and content related to the topic you are investigating or researching. InteliChart does not control Third-Party Web Sites and we are not responsible for the content and performance of such Third-Party Web Sites or for the security or privacy practices of the organizations that operate them. To learn about the security, privacy or use of any information that you see or provide when connected to any Third-Party Web Site, you should review any privacy policy that is available on the Third-Party Web Site or contact the organization that operates the Third-Party Web Site.
3.2 Your use of Third-Party Web Sites is strictly at your own risk, including but not limited to any risks associated with destructive viruses or with your use or reliance upon information you might obtain through such Third-Party Web Sites. You are responsible for viewing and abiding by the terms and conditions of use and the privacy policies of the Third-Party Web Sites. It also is your responsibility to review and assess the secure nature of your connection to any Third-Party Web Site.
4. Limitations and Restriction on Use.
4.1 InteliChart grants a limited license to you to make personal use only of the Applications in accordance with these Terms. Any commercial use of any Application is expressly prohibited.
4.2 You agree not to use any Application for any illegal or harassing activities, and you agree to comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software, when using any Application.
4.3 You agree not to engage in any activity intended to disable or interfere with the operation of any Application or the InteliChart Servers.
4.4 With the exception of the data and information that you provide when registering for or using the Patient Portal and/or Patient Intake (whether directly or through transfers from other organizations, persons or devices that you authorize), InteliChart owns the Content and all software contained in or underlying the Applications. The InteliChart-owned Content and software is protected by U.S. and international copyright law and conventions and other laws protecting intellectual property. The license granted by InteliChart herein expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Applications or the Content, or making any derivative work of any Application or the Content.
4.5 The information you see and can learn from using the Patient Portal (other than the data and information you provide when registering and using the Patient Portal) includes confidential information and trade secrets that are owned by InteliChart regarding the Patient Portal, its functionality, its design, and the InteliChart software underlying the Patient Portal. You agree that you will not disclose or use such confidential information regarding the Patient Portal other than as may be necessary in connection with your proper, non-commercial use of the Patient Portal for its intended purpose.
4.6 You agree not to disassemble, decompile or reverse engineer any software that is a part of any Application except to the extent such activity is expressly permitted by applicable law. Direct or indirect reproduction of amy Application, its functions and content displays, or of InteliChart software, in whole or in part, by any means, is prohibited without our express written consent, except as expressly permitted herein or as accomplished through use of the applicable Application itself.
4.7 You agree that you will not remove, obscure or alter any proprietary rights notices, including trademark, service mark and copyright notices, that appear on any Application.
4.8 You agree that you will not access and/or use any Application and/or the Content in order to build a competitive product or service, copy any features, functions or graphics of any Application and/or the Content, or monitor the availability and/or functionality of any Application for any benchmarking or competitive purposes.
5. Not Medical Advice.
InteliChart does not offer medical or any other health care advice, diagnosis, or treatment. All Content is for informational purposes only. The Content is not intended to be a substitute for medical or health care advice, diagnosis or treatment. You should consult your Provider(s) or other qualified health care providers if you have any questions regarding a medical condition or before you commence or discontinue any course of treatment, take any drug, or make any changes to your diet. You should not ignore or delay obtaining medical or other health care advice because of information accessed through the Patient Portal. You should call your Provider(s) or other qualified health care providers immediately if you think you may have a medical emergency.
6. Use and Transfer of Your Information.
6.1 When registering for and when using the Applications, you will provide personal information about yourself, including personal health information, which then will be stored on InteliChart Servers and processed via the Patient Portal and other Applications. Additionally, since the Patient Portal can interact with your Provider's other software applications and services (e.g., electronic health record applications, practice management applications, etc.), the Patient Portal will allow you to direct that data and information held at those organizations be transferred via the Internet to InteliChart Servers so that you can use and perhaps further distribute that information when using the Patient Portal. In connection with such information maintained in the InteliChart Servers, you hereby grant to: (i) InteliChart the right to access, use and distribute such information to third-party service providers (each, a "Licensor"), including without limitation, providers operating health and wellness-related services, applications or web portals, (ii) Licensors the right to view, analyze, assemble, compile and/or aggregate such information with information from other individuals, and (iii) each of your Providers the right to: access, view, retrieve, modify and update health and other information, which may include personally identifiable health information, in your account; import such information from your account to its own electronic health record(s) and vice versa; and otherwise share such information with your other Providers. Use of your information shall be subject to, and in accordance with, applicable law (including HIPAA). Notwithstanding the foregoing, you are solely responsible for controlling the content of the information in your Portal Account, including in the event of any third party's access and contribution or modification of such information in your Portal Account.
6.2 When using the Patient Portal, you also will have the ability to distribute and disseminate data and information from InteliChart Servers (i.e., the data and information you've entered or had transferred into your Portal Account) to others. For instance, you might want to send a new healthcare provider organization an electronic copy of all or some of your health records, or you might want to print out a copy of your health information to give to others. The Patient Portal might allow you to specify other entities that you would like to permit to have access to the data and information you've stored on InteliChart Servers. Such disclosures and transfers of your data and information, as well as the access to your Portal Account, are under your control, and you assume all responsibility for and all risk that might be associated with such disclosures and transfers. The utilization of any feature of the Patient Portal that involves the transfer of data and information from InteliChart Servers, whether by you or by any other person as long as your Portal Account login credentials were used, constitutes your authorization for InteliChart to make that transfer and disclosure of information.
6.3 Your use of the Patient Portal and the other Applications is voluntary and the ability to transfer data and information (as described above) is offered for your convenience to make the Patient Portal a more useful and effective mechanism to access, manage, organize, store and distribute your health information as you deem appropriate. Therefore, WITH REGARD TO ANY ELECTRONIC TRANSFER OF DATA OR INFORMATION BETWEEN INTELICHART SERVERS AND ANY PROVIDER OR OTHER HEALTHCARE ORGANIZATION OR OTHER PERSON OR ORANIZATION THAT IS INITIATED OR AUTHORIZED THROUGH YOUR PORTAL ACCOUNT (WHETHER BY YOU OR ANYONE ELSE AS LONG AS YOUR PORTAL ACCOUNT LOGIN CREDENTIALS WERE USED), YOU AGREE THAT YOU FOREVER WAIVE ALL CLAIMS AND ACTIONS OF ANY KIND AGAINST THE PERSON OR ORGANIZATION FROM WHICH SUCH TRANSFER IS MADE IF SUCH CLAIM OR ACTION RELIES OR DEPENDS ON AN ASSERTION THAT THE TRANSFER WAS NOT AUTHORIZED BY YOU OR THAT THE TRANSFER VIOLATED ANY LAW OR REGULATION PERTAINING TO THE PROTECTION AND PRIVACY OF THE DATA OR INFORMATION THAT WAS TRANSFERRED. You further agree that people and organizations from which such transfers are made are intended third-party beneficiaries of these Terms entitled to enforce this waiver of claims.
6.4 With regard to any transfer of data or information to or from InteliChart Servers over the Internet, you acknowledge that although InteliChart uses data integrity and secure Internet connection technology that are generally regarded to be reliable, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. When using the features of the Patient Portal and/or other Applications that involve the transfer of data and information over the Internet, such data and information will be transmitted over a medium that is beyond the control of InteliChart, its contractors and agents. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE APPLICATIONS (INCLUDING, WITHOUT LIMITATION, THE PATIENT PORTAL AND PATIENT INTAKE), INCLUDING WITHOUT LIMITATION ANY SUCH OCCURRENCE THAT MIGHT RESULT FROM VIRUSES, MALWARE, SPYWARE OR OTHER MALICIOUS SOFTWARE WHETHER SUCH MALICIOUS SOFTWARE RESIDES ON YOUR COMPUTER OR INTELICHART SERVERS.
7. Content and Services Accessed Through the Applications.
InteliChart does not recommend or endorse any specific procedures, products, or other information that may be mentioned or advertised on the Patient Portal or Patient Intake. If you rely on any Content made available or otherwise accessible via the Patient Portal or Patient Intake, you will do so only at your own risk. InteliChart may not be held liable for any damages arising out of or related to your use of any such Content. The Patient Portal and/or Patient Intake may contain Content that you find offensive in one way or another. InteliChart and its Licensors have no control over, and accept no responsibility for, such materials.
8. Modification or Termination of the Patient Portal; Modification to these Terms.
8.1 InteliChart may, in its sole discretion, limit, modify, or cease operation of any Application (including any Content and features) at any time. Additionally, InteliChart may suspend or terminate your use of the Patient Portal at any time, for any reason, with or without cause; such suspension or termination may result in the deletion of your information, files and other previously available Content. If InteliChart terminates the operation of an Application or your use of the Patient Portal specifically, these Terms will also terminate, but Sections 9 (Warranty Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 14 (Governing Law; Dispute Resolution; Agreement to Arbitrate) and 15 (Entire Agreement) will continue to be effective even after these Terms terminate.
8.2 InteliChart may change these Terms and/or the terms of the Privacy Policy, respectively, at any time by posting modified, updated or new applicable terms and conditions and revising the "Last Updated" date at the top of the Terms or Privacy Policy, respectively. Your continued use of any Application after any such posting means that you accept the changes in these Terms and/or the Privacy Policy, as applicable. It is therefore important that you review these Terms and the terms of the Privacy Policy regularly to ensure you are updated as to any modifications.
9. Warranty Disclaimers.
9.1 InteliChart provides the Applications to you free of charge, for your convenience, and without warranty of any kind. Accordingly, you acknowledge and agree that InteliChart is not responsible in any way for the completeness or accuracy of any data or information made available to you through the Applications, or for any medical advice or medical implications that may be contained in or result from such data or information.
9.2 EACH APPLICATION (INCLUDING, WITHOUT LIMITATION, THE PATIENT PORTAL) AND THE CONTENT, INCLUDING ALL INFORMATION AVAILABLE VIA THE APPLICATIONS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. INTELICHART SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INTERFERENCE WITH YOUR OPERATION OR ENJOYMENT OF THE APPLICATIONS. NOR DO WE PROVIDE ANY WARRANTY REGARDING THE SECURITY OR AVAILABILITY OF THE APPLICATIONS, THAT ANY APPLICATION IS FREE FROM ERROR, OR WITH REGARD TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PRESENTED DURING YOUR USE OF ANY APPLICATION.
10. Limitation of Liability.
10.1 IN NO EVENT WILL INTELICHART BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS AND/OR THE PRIVACY POLICY UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, ANY STATUTE, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, STATUTORY, ENHANCED, OR PUNITIVE DAMAGES, IN EACH CASE REGARDLESS OF WHETHER INTELICHART WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
10.2 IN NO EVENT WILL INTELICHART'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE PRIVACY POLICY, COLLECTIVELY, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, ANY STATUTE, AND OTHERWISE, EXCEED THE ACTUAL AMOUNT OF DIRECT DAMAGES DETERMINED TO BE RECOVERABLE CAPPED AT NO MORE THAN THE GREATER OF (I) THE AMOUNT THAT YOU PAID TO INTELICHART FOR THE RIGHT TO ACCESS AND USE THE APPLICATION GIVING RISE TO THE DAMAGES DURING THE SIX MONTHS PRECEDING THE CLAIM AND (II) $50.
10.3 THE LIMITATIONS ON INTELICHART'S LIABILITY TO YOU CONTAINED IN THESE TERMS APPLY EVEN IF THE REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE OR DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES.
10.4 SOME APPLICABLE LAWS MIGHT IMPOSE RESTRICTIONS REGARDING THE EXTENT TO WHICH CERTAIN WARRANTIES MAY BE DISCLAIMED OR TO WHICH CERTAIN DAMAGES MAY BE LIMITED IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE WARRANTY DISCLAIMERS AND LIABILITY LIMITS SET FORTH ABOVE MAY NOT APPLY TO YOU. YOU AGREE NONETHELESS THAT ALL SUCH DISCLAIMERS AS ARE PERMITTED BY APPLICABLE LAW SHALL APPLY TO YOU, AND THAT INTELICHART'S LIABILITY TO YOU SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11. Indemnification.
You agree to defend, indemnify, and hold InteliChart, its officers, directors, employees, agents, Licensors and suppliers, harmless from and against any claims, actions, demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees (a) arising out of, or related to, your use or misuse of the Applications; (b) resulting from, or alleged to result from, your violation of these Terms and/or the Privacy Policy; and (c) arising out of, or related to, your use, misuse, or reliance upon any Content, whether based on warranty, contract, tort or any other legal theory.
12. Assignment.
InteliChart may assign these Terms, in whole or in part, at any time with or without providing you with notice. You may not assign these Terms, or your rights hereunder, to anyone else, whether temporarily or permanently.
13. Notice; Consent Regarding Electronic Information.
These Terms are in electronic form. There may be information regarding the Applications that the law requires that InteliChart to send to you. InteliChart may send this information to you in electronic form, including by email at the email address you specified when you signed up for the Patient Portal or by access to an InteliChart website that will be designated in advance for this purpose. Notices provided to you via email will be deemed given and received on the transmission date of the email.
14. Governing Law; Dispute Resolution; Agreement to Arbitrate..
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. EVERY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND/OR THE PRIVACY POLICY OR THE BREACH THEREOF (A "DISPUTE") WILL BE RESOLVED IN ACCORDANCE WITH THIS SECTION.
14.1 These Terms are governed by and construed in accordance with the laws of the State of North Carolina, without regard to conflict of law principles. You and InteliChart hereby irrevocably and unconditionally submit and attorn to the personal and exclusive jurisdiction of the state courts and federal courts located in Charlotte, North Carolina, for resolution of any lawsuit or court proceeding permitted under these Terms.
14.2 This Section 14.2 through 14.8 is referred to as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and InteliChart, whether arising out of or relating to these Terms and/or the Privacy Policy, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by agreeing to these Terms, you and InteliChart each waive the right to a trial by jury or to participate in a class action. This Arbitration Agreement includes all claims arising out of or relating to any aspect of these Terms and/or the Privacy Policy, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Each party's rights will be determined by a neutral arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Notwithstanding the foregoing, this Arbitration Agreement shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Arbitration Agreement.
14.3 You and InteliChart agree that each may bring claims against the other only on an individual basis and not as plaintiff or class member in any purported class or representative action or proceeding. Unless both you and InteliChart agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s).
14.4 InteliChart is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly by emailing InteliChart at: legalnotices@intelichart.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to InteliChart should be sent to InteliChart, Inc., 6416 Rea Rd. Suite B7 #77498, Charlotte, NC 28277-4346, ATTN: LEGAL. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If InteliChart and you do not resolve the claim within sixty (60) calendar days after the Notice is received, InteliChart or you may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by InteliChart or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or InteliChart is entitled.
14.5 Arbitration will be conducted by a single, neutral arbitrator through National Arbitration and Mediation ("NAM") under its operative Comprehensive Dispute Resolution Rules and Procedures ("NAM Rules"), available at https://www.namadr.com/resources/rules-fees-forms, as modified by this Arbitration Agreement. If the arbitration is filed with a different arbitration provider than the one required by this Arbitration Agreement, that provider shall immediately dismiss the arbitration demand. Any arbitration hearing will take place at a location to be agreed upon in Charlotte, North Carolina. If the parties are unable to agree on a location within Charlotte, North Carolina, the determination shall be made by NAM. If there is any inconsistency between any term of the NAM Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the Arbitration Agreement terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. However, a court has exclusive authority to rule on Section 14.3, including any claim that Section 14.3 is unenforceable, illegal, void or voidable, or that it has been breached. Any challenges related to this Arbitration Agreement in court must be brought in Mecklenburg County, North Carolina. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. The arbitrator is authorized to impose any sanctions under the NAM Rules or applicable federal or state law, against all appropriate represented parties and counsel. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any arbitration award may be enforced (such as through a judgment) by a court in Mecklenburg County, North Carolina. An arbitration award shall have no preclusive effect in another arbitration or court proceeding involving InteliChart and a different individual. If your claim is for $10,000 or less, InteliChart agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the NAM Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the NAM Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
14.6 Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by NAM's Fees for Disputes Where One of the Parties Is a Consumer, available at www.namadr.com/rescources/rules-fees-forms/, unless otherwise provided in this Arbitration Agreement. InteliChart will pay the portion of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. Payment of all other filing, administration, and arbitration fees will be governed by NAM Rules. If the arbitrator finds that you cannot afford to pay the filing, administrative, hearing, and/or other fees and cannot obtain a waiver of fees from the applicable arbitration provider, InteliChart will pay them for you, unless the arbitrator determines that your claim(s) were frivolous or brought for an improper purpose or asserted in bad faith. You and InteliChart agree that arbitration should be cost-effective for all parties and that any party may engage with NAM to address the reduction or deferral of fees. Any payment of attorneys' fees will be governed by the NAM Rules, or by statute.
14.7 All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
14.8 If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 14.2 above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 14.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms will continue to apply.
15. Entire Agreement.
These Terms and the Privacy Policy, collectively, as modified from time-to-time, constitute the entire agreement between you and InteliChart with respect to the use of the Applications and Content.