M3 Review — Terms and Conditions
M3MentalHealth.org
M-3 Information, LLC · 155 Gibbs Street, Rockville, MD 20850
Effective Date / Last Modified: July 8, 2026
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION AND JURY TRIAL WAIVER (SECTION 17), A RELEASE, WAIVER OF UNKNOWN CLAIMS, COVENANT NOT TO SUE, AND ASSUMPTION OF RISK (SECTION 13), DISCLAIMERS OF WARRANTIES (SECTION 12), AND LIMITATIONS OF LIABILITY (SECTION 14). THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, OR ARE HAVING THOUGHTS OF HARMING YOURSELF OR OTHERS, DO NOT USE THE SERVICES. CALL 911, CALL OR TEXT THE 988 SUICIDE & CRISIS LIFELINE (988), OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY.
1. Acceptance of These Terms
These Terms and Conditions (the “Terms”) are a binding legal agreement between you (“you” or “user”) and M-3 Information, LLC, a Maryland limited liability company (together with the other Covered Parties defined below, “M3,” “we,” “us,” or “our”). The Terms govern your access to and use of M3MentalHealth.org and any related websites, applications, portals, content, tools, and services that we own or operate (collectively, the “Services”), including the M3 Review, the M3 Checklist, and any other screening instrument, questionnaire, symptom checklist, score, report, or related material that we make available (collectively, the “M3 Assessments” or “Assessments”).
By accessing, browsing, registering for, or using the Services in any way, including by taking any M3 Assessment, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to all of these Terms, you must not access or use the Services.
We may modify these Terms at any time in our sole discretion. The “Effective Date” above reflects the most recent revision. Material changes will be indicated by updating that date and posting the revised Terms on the Services. Your continued use of the Services after any revision constitutes acceptance of the revised Terms. If you do not agree with a revision, your sole remedy is to stop using the Services.
2. Covered Parties; Third-Party Beneficiaries
As used in these Terms, “Covered Parties” means, individually and collectively: M-3 Information, LLC; its past, present, and future parents, subsidiaries, affiliates, divisions, operating ventures, joint ventures, and related entities; its and their successors and assigns; and each of their respective members, managers, officers, directors, shareholders, employees, contractors, consultants, advisors, licensors, suppliers, service providers, and agents.
Every disclaimer, release, assumption of risk, limitation of liability, indemnity, and other protection set forth in these Terms extends to and is made for the benefit of each Covered Party. Each Covered Party is an intended third-party beneficiary of these Terms and may enforce them directly.
3. Eligibility
The Services are intended solely for individuals who are 18 years of age or older. By using the Services, you represent and warrant that you are at least 18 years old, that you have the legal capacity to enter into these Terms, and that your use of the Services complies with all applicable laws. If you are under 18, do not use the Services or take any M3 Assessment.
4. Nature of the Services; Not Medical Advice; No Clinician–Patient Relationship
The M3 Assessments are validated mental health screening tools. They are designed to identify symptoms that may be consistent with conditions such as depression, anxiety disorders, bipolar disorder, and post-traumatic stress disorder (PTSD), and to gauge related functional impairment. A screening result is not, and must never be treated as, a diagnosis.
THE SERVICES, INCLUDING ALL ASSESSMENTS, SCORES, REPORTS, AND CONTENT, ARE PROVIDED FOR INFORMATIONAL, EDUCATIONAL, AND SCREENING PURPOSES ONLY. THEY DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR A RECOMMENDATION FOR ANY MEDICATION, THERAPY, OR COURSE OF CARE. NOTHING IN THE SERVICES CREATES A PHYSICIAN–PATIENT, THERAPIST–PATIENT, OR OTHER CLINICAL OR FIDUCIARY RELATIONSHIP BETWEEN YOU AND ANY COVERED PARTY.
You agree that you will not act or refrain from acting on the basis of any Assessment result, score, or other content without first consulting a licensed physician or qualified mental health professional. Never disregard, avoid, or delay obtaining professional medical advice because of anything you have read, seen, or received through the Services.
5. Medical Emergencies and Crisis Resources
The Services are not designed for, and must not be used for, emergencies or crisis situations. If you believe you may be experiencing a medical or mental health emergency, or if you are having thoughts of suicide or of harming yourself or others, immediately call 911, call or text the 988 Suicide & Crisis Lifeline (dial 988), contact your doctor, or go to the nearest emergency room. The Covered Parties do not monitor Assessment responses in real time and are under no obligation to detect, respond to, escalate, or intervene in any crisis, emergency, or risk indicated by your responses or any other use of the Services.
6. License
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the current version of the Services solely for your lawful, personal, and non-commercial use. All rights not expressly granted are reserved by M3 and its licensors.
7. Intellectual Property
The Services, including the M3 Assessments and all questions, scoring methodologies, algorithms, protocols, logic, code, software, databases, reports, text, graphics, designs, trademarks, service marks, trade names, trade dress, and documentation, and all data generated by or gathered through the Services, are and will remain the exclusive property of M-3 Information, LLC and its licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. No right, title, or interest in the Services is transferred to you. Any part of the Services made available under an open-source license is governed by that license. Any modifications, enhancements, feedback, or derivative works relating to the Services, whether created by you or on your behalf, are hereby assigned to and shall be the sole property of M-3 Information, LLC.
8. Accounts and Registration
Use of certain features may require registration and a working internet connection. You agree to provide information that is accurate, complete, and current, and to keep it updated. You are responsible for maintaining the confidentiality of your username and password and for all activity under your account. Notify us immediately at privacy@m3information.com of any unauthorized use of your account or other breach of security. If we suspect that your account information is inaccurate or that the security of your account has been compromised, we may suspend or terminate your account and refuse any current or future use of the Services, and we may pursue any available legal remedies. No Covered Party is responsible for any loss arising from unauthorized use of your credentials.
9. Acceptable Use; Restrictions
You agree not to, and not to permit or assist any third party to:
use the Services in violation of these Terms or any applicable law or regulation;
rent, sell, lease, sublicense, distribute, assign, copy, reproduce, publish, or otherwise transfer the Services or any Assessment, in whole or in part, for the benefit of any third party (a single backup copy for your own personal use is permitted);
use the Services or any Assessment for any commercial purpose, including administering an Assessment to any other person, without a written license from M-3 Information, LLC;
modify, adapt, translate, reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, scoring logic, or algorithms of the Services, or create derivative works from them;
interfere or attempt to interfere with the Services or their security by any means, whether manual or automated, including scraping, crawling, data mining, denial-of-service attacks, or the introduction of malicious code;
access the Services by automated means, including bots, scripts, or artificial intelligence agents, or use the Services or any content from them to train, fine-tune, or evaluate any machine-learning or artificial-intelligence model, without our prior written consent;
misrepresent the source or ownership of the Services or remove or alter any proprietary notices; or
submit responses on behalf of another person or provide false information.
10. Export Controls
Use of the Services is subject to applicable United States export control and sanctions laws. You may not use, export, or re-export the Services into any country or to any person subject to a U.S. embargo or listed on the U.S. Treasury Department’s list of Specially Designated Nationals or any comparable restricted-party list. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country and are not on any such list, and that you will comply with all applicable export control laws.
11. Privacy; Consent to Use of Assessment Data, Including Deidentified Research Use
Our collection, use, and disclosure of information is described in our Privacy Policy, our Notice of Privacy Practices (where the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, “HIPAA,” apply), and our Washington Consumer Health Data Privacy Policy, each posted on M3MentalHealth.org and incorporated into these Terms by reference.
By taking any M3 Assessment, you acknowledge and agree that the information you provide, including your Assessment responses and scores, may be collected, stored, and processed in accordance with applicable data protection laws, and that we may deidentify and aggregate that information. Deidentified data is data from which identifiers have been removed or obscured in accordance with recognized standards, including the HIPAA deidentification standard at 45 C.F.R. § 164.514 (safe harbor or expert determination), such that the data cannot reasonably be linked back to you.
You consent to our use of deidentified and aggregated data, without further notice or compensation to you, for purposes including:
scientific, clinical, epidemiological, and public health research, analysis, and publication, including research to validate, improve, and extend screening instruments and to enhance mental health practices and outcomes;
development, training, testing, and validation of statistical models, large language models (LLMs), and other artificial intelligence systems intended to improve mental health assessment accuracy and support services;
quality assurance, benchmarking, product development, and service improvement; and
sharing with academic, research, healthcare, and commercial collaborators, provided the data remains deidentified and recipients are contractually prohibited from attempting to re-identify it.
We will not attempt to re-identify deidentified data, and we require the same commitment from those who receive it from us. Deidentified and aggregated data, and all research outputs and models derived from it, are and will remain the exclusive property of M-3 Information, LLC.
12. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL ASSESSMENTS, SCORES, REPORTS, AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND. THE COVERED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR QUIET ENJOYMENT, AND ANY WARRANTY THAT ANY ASSESSMENT RESULT IS ACCURATE, COMPLETE, OR SUITABLE FOR ANY CLINICAL OR OTHER PURPOSE, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THE COVERED PARTIES DISCLAIM ALL WARRANTIES RELATING TO PRODUCTS OR SERVICES PROVIDED BY ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ANY COVERED PARTY OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. Voluntary Participation; Assumption of Risk; Release; Waiver of Unknown Claims; Covenant Not to Sue
13.1 Express Acknowledgment and Voluntary Participation
By taking any M3 Assessment, you expressly acknowledge and agree that: (a) your participation is entirely voluntary; (b) you have read and understood Sections 4 and 5 of these Terms; (c) mental health screening involves inherent limitations, including the possibility of false-positive and false-negative results, and results depend on the accuracy and completeness of your responses; (d) no Covered Party has made any representation to you about the accuracy of any result or its suitability for any purpose; and (e) you are not relying on any Assessment result, score, or report as medical advice, diagnosis, or treatment.
13.2 Assumption of Risk
You knowingly and voluntarily assume all risk, known and unknown, arising out of or relating to your decision to take any M3 Assessment, your interpretation of or reliance on any result, score, report, or content, and any action you take or decline to take as a result, including any worsening of any physical or mental health condition, any missed or delayed diagnosis, and any emotional distress associated with taking an Assessment or receiving its results.
13.3 Release and Waiver of Unknown Claims
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF AND YOUR SPOUSE, HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, AND ASSIGNS, HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, WAIVE, AND FOREVER DISCHARGE EACH COVERED PARTY FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES OF EVERY KIND AND NATURE, IN LAW OR IN EQUITY, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEN OR UNFORESEEN, ARISING OUT OF OR RELATING IN ANY WAY TO YOUR TAKING OF ANY M3 ASSESSMENT, YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY ASSESSMENT RESULT OR SCREENING OUTCOME, OR ANY HEALTH, LIFE, FINANCIAL, OR OTHER EVENT ALLEGEDLY RELATED TO INFORMATION PROVIDED ON OR BY THE SERVICES (COLLECTIVELY, “RELEASED CLAIMS”).
This release extends to Released Claims that you do not know or suspect to exist in your favor at the time of this release, which, if known, might have materially affected your decision to use the Services. You expressly waive the benefit of any statute, doctrine, or common-law rule of any jurisdiction that would otherwise limit a general release to claims known or suspected at the time of its execution, including, to the extent applicable, California Civil Code Section 1542, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY,” and any similar provision of the law of any other state or jurisdiction.
13.4 Covenant Not to Sue
You covenant and agree that you will not, directly or indirectly, commence, maintain, prosecute, or participate in (except as a compelled witness) any action, suit, arbitration, or proceeding of any kind against any Covered Party asserting any Released Claim. If you breach this covenant, the affected Covered Parties shall be entitled to recover from you their reasonable attorneys’ fees and costs incurred in defending the proceeding, in addition to any other available remedy, to the fullest extent permitted by law.
13.5 Limits of This Section; Non-Waivable Rights
Nothing in this Section releases or limits liability that cannot be released or limited under applicable law, including, where applicable law so provides, liability for gross negligence, willful misconduct, or fraud. If any portion of this Section is held unenforceable, it shall be enforced to the maximum extent permitted, and the remainder shall remain in full force.
Non-Waivable Rights. Nothing in these Terms, including this Section 13 and Sections 12, 14, and 17, waives, releases, or limits any right or remedy that applicable law does not permit to be waived, released, or limited by contract, including, for California residents, rights under the California Confidentiality of Medical Information Act (Cal. Civ. Code § 56.37) and the California Consumer Privacy Act (Cal. Civ. Code § 1798.192). Where a right or remedy is non-waivable, these Terms shall be construed not to waive it, and every other provision of these Terms, including the agreement to resolve claims by individual arbitration under Section 17, shall continue to apply to any claim asserting that right or remedy to the fullest extent permitted by law.
14. Limitation of Liability
14.1 Exclusion of Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY COVERED PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF HEALTH, LOSS OF LIFE, LOST OPPORTUNITY, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE SERVICES, ANY M3 ASSESSMENT, OR THESE TERMS, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 Aggregate Cap
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF ALL COVERED PARTIES, COMBINED, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, ANY M3 ASSESSMENT, OR THESE TERMS WILL NOT EXCEED THE LESSER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO M-3 INFORMATION, LLC FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) TEN U.S. DOLLARS ($10.00). WHERE YOU HAVE PAID NOTHING FOR THE SERVICES, THE COVERED PARTIES’ AGGREGATE LIABILITY SHALL, TO THE FULLEST EXTENT PERMITTED BY LAW, BE ZERO.
14.3 Fallback Cap
IF, AND ONLY TO THE EXTENT THAT, A COURT OR ARBITRATOR OF COMPETENT JURISDICTION FINALLY DETERMINES THAT THE CAP IN SECTION 14.2 IS UNENFORCEABLE AS TO A PARTICULAR CLAIM, THEN THE AGGREGATE LIABILITY OF ALL COVERED PARTIES FOR THAT CLAIM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO M-3 INFORMATION, LLC FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). THE CAPS IN SECTIONS 14.2 AND 14.3 ARE CUMULATIVE CAPS ON ALL CLAIMS IN THE AGGREGATE, NOT PER-CLAIM CAPS.
14.4 Basis of the Bargain
Some jurisdictions do not allow the limitation or exclusion of certain damages. In those jurisdictions, the limitations in this Section apply to the fullest extent permitted by law, and any provision found unenforceable will be limited or severed only to the minimum extent necessary, with the remainder enforced as written. You acknowledge that the disclaimers, releases, and limitations in Sections 12, 13, and 14 are fundamental elements of the bargain between you and M3, that the Services are made available at no or nominal charge in reliance on them, and that the Covered Parties would not provide the Services without them. These limitations apply even if any limited remedy fails of its essential purpose.
15. Indemnification
You agree to indemnify, defend, and hold harmless each Covered Party from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising directly or indirectly from or relating to: (a) your use or misuse of the Services or any M3 Assessment; (b) your acts or omissions, including any decision made or action taken in reliance on any Assessment result; (c) your violation of these Terms; (d) your violation of any law or the rights of any third party; or (e) information you submit through the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with that defense.
16. Governing Law
These Terms and any dispute arising out of or relating to the Services, the M3 Assessments, or these Terms are governed by the laws of the State of Maryland, without regard to its conflict-of-laws principles, and by applicable federal law, including the Federal Arbitration Act.
17. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COVERED PARTIES ON AN INDIVIDUAL BASIS AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
17.1 Informal Resolution (Mandatory Pre-Filing Requirement)
Before initiating any arbitration or suit, you and we each agree to first send the other a written notice of dispute that includes the claimant’s name and contact information, a description of the dispute, and the relief requested, and to negotiate in good faith for 60 days. Notice to us must be sent to privacy@m3information.com or to M-3 Information, LLC, Attn: Legal, 155 Gibbs Street, Rockville, MD 20850. Completion of this process is a condition precedent to commencing any proceeding, and any applicable statute of limitations will be tolled during the 60-day period. A court may enjoin the filing or prosecution of a proceeding commenced without compliance with this Section.
17.2 Binding Arbitration
Except as provided in Section 17.4, any dispute, claim, or controversy arising out of or relating to the Services, any M3 Assessment, or these Terms, including their existence, breach, termination, enforcement, interpretation, or validity, and including claims against any Covered Party, will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs this Section. The arbitration will be conducted by a single arbitrator in Montgomery County, Maryland, or, at your election, by videoconference, telephone, or written submissions. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court will decide the enforceability of the class action waiver in Section 17.3 and the batching provisions of Section 17.8. If the AAA is unavailable or unwilling to administer the arbitration consistently with this Section, the parties shall agree on an alternative administrator, and failing agreement, a court of competent jurisdiction shall appoint one. Judgment on the award may be entered in any court of competent jurisdiction.
17.3 Class Action and Jury Trial Waiver; Individualized Relief Only
YOU AND THE COVERED PARTIES EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR ARBITRATION. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY’S INDIVIDUAL CLAIM. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM (AND ONLY THAT CLAIM) SHALL PROCEED IN COURT AS SET FORTH IN SECTION 17.6, AND THE REMAINDER SHALL BE ARBITRATED.
17.4 Exceptions
Either party may (a) bring an individual claim in small claims court in a court of competent jurisdiction, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent unauthorized use of the Services.
17.5 Opt-Out
You may opt out of this arbitration agreement and class waiver by sending written notice to privacy@m3information.com, or by mail to M-3 Information, LLC, Attn: Legal, 155 Gibbs Street, Rockville, MD 20850, within 30 days after you first accept these Terms. The notice must include your name, contact information, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
17.6 Venue for Non-Arbitrable Claims
For any claim not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Montgomery County, Maryland (Rockville, Maryland), and waive any objection to that forum.
17.7 Time Limit on Claims
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, ANY M3 ASSESSMENT, OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUED, OR IT IS PERMANENTLY BARRED.
17.8 Coordinated Filings (Mass Arbitration Protocol)
If 25 or more demands for arbitration are filed against the Covered Parties raising similar claims and counsel for the claimants are the same or coordinated, the parties agree that: (a) the demands shall be administered in batches of up to 25, with a single arbitrator appointed per batch and a single set of administrative fees per batch; (b) 10 bellwether arbitrations selected by the parties (5 each) shall proceed first, while the remaining demands are held in abeyance and applicable limitations periods tolled; (c) following the bellwether awards, the parties shall engage in a global mediation before further batches proceed; and (d) a court, not the arbitrator, shall resolve any dispute about the application of this Section. This Section is intended to promote efficient and economical resolution of coordinated claims and applies to the fullest extent permitted by law.
17.9 Confidentiality of Arbitration
The parties shall maintain the confidentiality of any arbitration under this Section, including its existence, all filings and evidence, and any award, except as necessary to enforce the award, as required by law, or as needed to pursue rights that cannot lawfully be made confidential.
17.10 Fees; Frivolous Claims
AAA fees will be allocated under the Consumer Arbitration Rules. Each party bears its own attorneys’ fees and costs unless the arbitrator awards otherwise under applicable law. If the arbitrator finds that a claim, counterclaim, or defense was frivolous, was brought in bad faith, or was brought for an improper purpose (within the meaning of Federal Rule of Civil Procedure 11(b)), the arbitrator may award the prevailing party its reasonable attorneys’ fees and costs to the fullest extent permitted by law.
17.11 California Residents; Public Injunctive Relief Carve-Out
If you are a California resident: (a) this arbitration agreement applies, to the fullest extent permitted by the Federal Arbitration Act, to all claims, including claims under the California Confidentiality of Medical Information Act, the California Consumer Privacy Act, the Unfair Competition Law, the Consumers Legal Remedies Act, and any other California statute; (b) notwithstanding anything else in this Section 17, nothing in these Terms waives your right, to the extent it is non-waivable under California law, to seek public injunctive relief in a court of competent jurisdiction; any claim for public injunctive relief shall be decided by a court after arbitration of all arbitrable claims, and shall be stayed pending completion of that arbitration; and (c) if any provision of this Section 17 is held unenforceable as applied to a claim for public injunctive relief, that provision shall be severed only as to that claim and only to that extent, and this Section 17 shall otherwise remain in full force and shall not be invalidated as a whole.
18. Termination
We may, in our sole discretion and without prior notice or liability, modify, discontinue, or suspend the Services or any part of them, or suspend or terminate your license, account, or access to the Services or any other M3 product, at any time and for any reason, including for violation of these Terms. Upon termination, your license ends immediately. Sections 2, 4, 7, and 11 through 21 survive any termination.
19. Third-Party Links and Services
The Services may link to or interoperate with third-party websites, content, or services that are not owned or controlled by M3 (“Third-Party Services”). Third-Party Services are governed by their own terms and privacy policies, which constitute an agreement between you and the applicable provider. The Covered Parties do not endorse and are not responsible or liable for any Third-Party Service, and you access them at your own risk.
20. Electronic Communications
By using the Services, you consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. Any commercial email we send will comply with the CAN-SPAM Act, including honoring opt-out requests.
21. Miscellaneous
Entire Agreement. These Terms, together with the Privacy Policy and any documents incorporated by reference, are the complete and exclusive agreement between you and M-3 Information, LLC regarding the Services and supersede all prior agreements and representations.
Severability; Reformation. If any provision of these Terms is held invalid or unenforceable, it will be reformed and enforced to the maximum extent permissible to effectuate the parties’ intent, and the remaining provisions will remain in full force.
No Waiver. No failure or delay by any Covered Party in exercising any right waives that right.
Assignment. You may not assign these Terms or any rights under them. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.
Force Majeure. No Covered Party will be liable for any failure or delay caused by circumstances beyond its reasonable control.
Headings. Headings are for convenience only and do not affect interpretation.
22. Contact
M-3 Information, LLC · Attn: Legal · 155 Gibbs Street, Rockville, MD 20850 · 301-641-8045 · privacy@m3information.com