Updated April 30, 2021
Set forth below is the Legal Agreement for American Better Health Organization, Inc. (“ABHO”, “Association”, “SureMed”, “we”, “us”, or “our”), which governs the www.ABHO.org website, as well as ABHO’s associated benefits and services. SureMed is a d/b/a for American Better Health Organization, Inc. This agreement and its terms describe your rights and obligations with respect to the ABHO website and ABHO’s benefits and services, and it should be read carefully. By accessing the ABHO website or by enrolling into ABHO’s benefits or services, you confirm that you have read the Legal Agreement, and that you agree to be bound by it. Reading the Legal Agreement is important, as it includes a number of important terms and conditions, including a Dispute Resolution provision, compromised of an arbitration provision and a class and representative action waiver, requiring that any disputes be resolved solely through individual arbitration. If you do not agree to these terms, please stop using ABHO website immediately, and do not enroll into ABHO’s benefits or services.
If you are a Member as defined in the Membership Terms located at https://www.abho.org/memberterms, your use of the ABHO website and ABHO’s benefits and services is also subject to the Membership Terms, which are incorporated here by reference.
ABHO Benefits and services
By enrolling into ABHO, consumers receive many benefits, ranging from health news and training, to access to healthcare professionals by phone, in addition to other related benefits and services.
The information published on the ABHO website is made without any express or implied warranties of any kind. Any use of ABHO.org or ABHO’s benefits and services is subject to the following disclaimers:
ABHO is made available only for your personal, lawful, non-commercial use in connection with seeking ABHO’s benefits and services. The ABHO website is not targeted towards, nor intended for use by, anyone under the age of 18. Additionally, use by a competitor Association or other non-consumer third-party is prohibited. By using ABHO.org, you represent and warrant that you are 18 years of age or older and are using the website for your personal and lawful use. In the event we become aware that you are not eligible for website use, we may terminate your registration.
ALL INFORMATION, CONTENT, SERVICES, BENEFITS, AND OTHER MATERIALS OFFERED ON OR IN CONNECTION WITH THE ASSOCIATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS MEANS THAT ABHO.ORG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION CONVEYED EITHER ORALLY OR IN WRITING SHALL CREATE SUCH A WARRANTY. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.
Furthermore, the Association does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, or accurate at the time of publication.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ASSOCIATION SHALL NOT BE LIABLE FOR ANY AND ALL LOSS, DAMAGE, INJURY, OR CLAIM, NOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, WHETHER SUCH ACTION IS BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE WHICH ARISE OUT OF OR RELATES IN ANY WAY TO THE INFORMATION, CONTENT, MATERIALS, ADVICE, SERVICES, BENEFITS, FUNCTIONALITY, OR OTHER RESOURCES AVAILABLE ON OR IN CONNECTION WITH THE ABHO.ORG WEBSITE OR ANY OF ABHO BENEFITS OR SERVICES.
The Association does not guarantee that you will qualify for Association’s benefits or services.
By using this website and/or enrolling into Association’s benefits and services, you agree that the Association has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Association’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect the Association’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, please exist this website immediately and do not enroll in ABHO’s benefits or services.
Proxy Voting Rights
The Association may ask you to assign your membership voting rights to a proxy. If you agree to assign your rights to a proxy pursuant to a relevant assignment agreement, then you will be bound by the terms and conditions specified in the proxy voting rights assignment agreement. You also acknowledge that, to the full extent permitted by law, any proxy to whom your voting rights are assigned shall not be liable for any decisions made in the role of proxy. For more information regarding proxy voting rights, or if you wish to wish to assign, revoke, or re-assign your proxy voting rights, please contact the Secretary of the ABHO by mail at:
665 Union Blvd
Allentown, PA 18109.
ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND ASSOCIATION AS WELL AS ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND ASSOCIATION’S BUSINESS PARTNERS, SUCH AS VENDORS OR SUPPLIERS WHICH PROVIDE BENEFITS OR SERVICES TO ASSOCIATION MEMBERS IN CONNECTION WITH ASSOCIATION’S MEMBERSHIP, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT ASSOCIATION AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS AND REPRESENTATIVE ARBITRATIONS AND CLASS AND REPRESENTATIVE ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS AND/OR REPRESENTATIVE ACTION. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (currently available at https://www.adr.org/node/158), as amended by this Agreement.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ASSOCIATION will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator shall decide all gateway issues, including arbitrability and disputes concerning the scope of this arbitration provision. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, such agencies can seek relief against us for you.
With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court or arbitrator decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void; however, the remainder of the Agreement will continue to apply and be unaffected by this severability provision.
Notwithstanding the foregoing, if a court or arbitrator decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable or that, for any other reason, a dispute is not subject to arbitration, you are also waiving your right to pursue a class and/or representative action in court.
You agree to indemnify, defend and hold harmless the Association, as well as its parents, subsidiaries, affiliates, officers, directors, employees and agents (collectively, the “Indemnified Parties”) from and against all claims, losses, damages, liabilities and judgments, and all fees and expenses related thereto (including, without limitation, reasonable legal fees) incurred by an Indemnified Party as a result of any violation by you of your agreements with us.
The validity, construction, and performance of this Legal Agreement and the legal relations among the parties to this agreement shall be governed by and construed in accordance with the laws of the Pennsylvania without giving effect to its conflict of law principles. In any arbitration proceedings, the arbitrator will apply the laws of the Pennsylvania without regard to principles of conflict of laws. To the extent a claim is deemed not to be arbitrable, the parties agree that venue shall be in either the Court of Common Pleas of Lehigh County, Pennsylvania, or the Federal Court for the Eastern District of Pennsylvania as appropriate under the jurisdictional rules applicable to such courts.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Changes to This Legal Agreement
You acknowledge and agree that the Association may, in its sole discretion, modify, add or remove any portion of this Legal Agreement at any time and in any manner. If a revision, in our sole discretion, is material, the Association will notify you. It is your responsibility to check periodically for any changes we make to the Legal Agreement. Your continued use of the ABHO website means you accept these changes. No changes to this Legal Agreement occurring after a dispute between you and the Association arises will apply retroactively.