Terms of Use

TERMS OF USE

Last Updated: August 13, 2026

These Terms of Use (the “Terms”) govern your use of products, services, and resources provided by Quinsite Inc. (“Quinsite”, “we”, “our”, and “us”) which link to or incorporate these Terms of Use by reference, including our website at https://www.quinsite.com/ and its related subsites (the “Site”); our official accounts on the third-party social media platforms linked in the footer of our Site; our healthcare data analytics platform (including its related product integrations, mobile applications, or APIs); and any updates and changes to the foregoing (collectively, the “Services”). “Services” also includes your correspondence with us in connection with the foregoing, such as through e-mail, our customer support channels, and/or our accounts on LinkedIn and Twitter.

By accessing or using the Services, you agree to be bound by these Terms and any future amendments and additions to these Terms, as specified in Section 1 below. If you are accessing or using the Services on behalf of an entity, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to these Terms, and any reference to “you” in these Terms will be deemed to be you and such company, entity, or organization. If you have entered into a separate agreement with Quinsite with respect to your access or use of any Services, the terms and conditions of that separate agreement will govern your access or use of such Services.

Please read these Terms carefully before using our Services. Users can agree to our Terms by accessing or using the Services, or by signing, checking a box, or clicking a button indicating acceptance of the Terms. By indicating your acceptance of the Terms, you accept and agree to be bound and abide by these Terms and our Privacy Statement, available at https://www.quinsite.com/privacy, the terms of which are incorporated herein by reference. If you do not agree to these Terms or our Privacy Statement, then you may not access or use the Services.

IMPORTANT DISPUTE RESOLUTION TERMS: THESE TERMS REQUIRE RESOLUTION OF ANY DISPUTE BETWEEN YOU AND QUINSITE BY BINDING AND FINAL ARBITRATION SOLELY ON AN INDIVIDUAL BASIS AND INCLUDE A CLASS ACTION WAIVER, REQUIRE THAT ANY CLAIMS ARISING HEREUNDER BE BROUGHT WITHIN ONE (1) YEAR OF THE CAUSE OF ACTION, AND DESIGNATE THE STATE AND FEDERAL COURTS IN ORANGE COUNTY, NORTH CAROLINA, AS THE EXCLUSIVE JURISDICTION FOR DISPUTES ARISING HEREUNDER. PLEASE SEE SECTIONS 10 AND 12 BELOW FOR MORE INFORMATION.

Changes and Modifications. We reserve the right to change, modify, update, or discontinue the Services (in whole or in part), or to modify these Terms, without notice, and you agree that we will not be liable to you for any such change, modification, or discontinuation. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material. Modifications that we make are effective on the date indicated, or if no date is indicated, then immediately upon posting. Notwithstanding the foregoing, you are responsible for reading these Terms whenever you access the Services. By continuing to use the Services after the Terms have been amended, you agree to abide by such amendments.
Use of the Services.
1. License to the Services. The Services provide you with access to information, reports, data, and other materials (“Content”) owned or controlled by us or our third-party providers. The Content and Services are owned by us, their respective licensors, or other providers of such materials, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Subject to the limitations below, we grant you the limited, non-exclusive, non-transferable, non-sublicensable, revocable rights and licenses:
  1. to access and use the Services solely for your internal business purposes (e.g., no resale, service bureau, co-branding or white labeling); and
  2. to create a text hyperlink to the Site or other Services for commercial and noncommercial purposes, provided that (1) such link does not portray Quinsite or its products in a false, misleading, derogatory, or otherwise defamatory manner, or in any way to suggest any form of affiliation, association, approval, or endorsement by Quinsite; (2) you do not use the hyperlink to sell any Quinsite products or services directly unless you have entered into a written agreement with Quinsite to do so; and (3) the linking site does not contain any obscene, pornographic, sexually explicit, or illegal material or any material that is offensive, harassing, or otherwise objectionable.
2. Use Restrictions. We reserve all rights and licenses to the Services not expressly granted to you in these Terms. Further, you are prohibited from: (i) reverse engineering, disassembling, decompiling, decoding, or adapting the Services or Content; (ii) compiling, downloading, reproducing, duplicating, or copying, any portion of the Services or Content, or otherwise making the Services or the Content available to third parties without our permission (including by mirroring or framing the Content or Services); (iii) interfering with or disrupting the integrity or performance of the Services, such as by uploading harmful code, by using any robot, spider, or other programmatic or similar automatic device to obtain information from the Services, or by violating procedures, policies or regulations of networks connected to the Services; (iv) using the Services or Content in any manner or for any purpose that infringes, misappropriates, or otherwise violates any third party’s intellectual property or other rights, or that violates any applicable law; or (v) otherwise accessing or using the Services or Content in an unauthorized manner.
Feedback. Any comments, suggestions, or ideas about the Services that you choose to provide (collectively, “Feedback”) will be treated as non-proprietary and non-confidential to you. Notwithstanding the preceding section, you agree that we have the right to use any Feedback that you submit in any manner as we see fit (including for commercial, publicity, trade, promotional, or advertising purposes) and in all media now known or hereafter devised, without notice, restriction, or compensation to you.
Promotional E-mails. To receive our newsletters and other promotional e-mails, you will be required to provide us with your contact information, which may include your full name and e-mail address. The processing of information constituting ‘personal information’ (which may include your contact information) is subject to the terms of our Privacy Statement. You can unsubscribe at any time by using the “unsubscribe” link provided at the bottom of any e-mail, or contacting us directly using the contact information at the bottom of the page. Please note that even if you opt out of receiving our newsletters or promotional e-mails, you may still receive relationship e-mails from us, including responses to e-mails that you send to us, notices of updates or changes to our policies and procedures, or other messages relating to your use of the Services.
Termination. Except as otherwise expressly set forth in a written agreement signed by Quinsite and you, we can terminate or suspend your use of or access to the Services at any time and for any reason. Upon termination, all rights, licenses, and authorizations granted to you herein will immediately terminate. We also reserve the right to take steps to ensure the security of the Services as we deem advisable, which includes the right to restrict or suspend your access to the Services at any time and for any reason.
Privacy and Security. By accessing or using our Services, you consent to the collection and use of your personal information as described in our Privacy Statement. We use reasonable security measures that are designed to protect user data from loss, disclosure, misuse, and destruction. Please be aware, however, that no data security measures can guarantee that the Services are free of threats or other vulnerabilities. We will not be liable in any manner in the event of data loss, data corruption, or data destruction. You use the Services and transmit information to us at your own risk.
Representations; Warranties. You represent, warrant and covenant that: (a) you have the right and authority to enter into these Terms; (b) by entering into these Terms, you will not violate, conflict with or cause a material default under any other agreements; and (c) you will comply with all applicable laws, rules and regulations in connection with your use of the Services.
Disclaimers; Release.
Limitation of Liability.
Dispute Resolution; Binding Arbitration.
Third-Party Sites. The Services may link to third party websites and services offered by third parties (collectively, “Third-Party Sites”). Quinsite provides links to these Third-Party Sites only as a convenience and does not endorse, warrant, or make any representations with respect to Third-Party Sites. When you access a Third-Party Site, the applicable third party’s terms and policies will apply to your access. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Sites. You use all Third-Party Sites at your own risk.
Miscellaneous. No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full effect. These Terms and any action related thereto will be governed by the laws of the State of Washington, without regard to its conflict of laws provisions. The exclusive jurisdiction for all disputes between you and Quinsite will be the state and federal courts located in Orange County, North Carolina, and you and Quinsite each waive any objection to jurisdiction and venue in such courts. Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive. These Terms (as amended from time to time) constitute the entire agreement between you and us regarding the Services, and supersede any prior agreement or understanding, arrangements, undertaking, or proposal, written or oral, in relation to the subject hereof. You may not assign or transfer these Terms, by operation of law or otherwise, without Quinsite’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Quinsite may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notice; Contact. In addition to notices posted to the Site, communications between you and Quinsite may involve electronic means, whether you send us emails or other electronic messages, or whether Quinsite communicates with you via email or other electronic messages. For contractual purposes, you (a) consent to receive communications from Quinsite in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Quinsite provides to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in a hard copy writing. For notices made by email, the date of receipt will be deemed the date on which such notice is confirmed as received by Quinsite. If you have any questions about these Terms or the Services, you may contact Quinsite using the information below:

These limited rights and licenses may be revoked at any time.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ANY INFORMATION (WHETHER ORAL OR WRITTEN) YOU OBTAINED FROM QUINSITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON- INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE; OR (D) RESULT IN ANY REVENUE, PROFITS, OR COST REDUCTION. THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.

YOU HEREBY RELEASE QUINSITE (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, INSURERS AND ASSIGNS) OF AND FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), ARISING FROM YOUR USE OF THE SERVICES, AND/OR IN ANY WAY RELATED TO OTHER USERS OR THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL QUINSITE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, INSURERS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, RELIANCE, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS, INCLUDING BUT NOT LIMITED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY AND OUR OFFICERS’, DIRECTORS’, EMPLOYEES’, AGENTS’, SUCCESSORS’, INSURERS’ AND ASSIGNS’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR ACTUAL PROVABLE DAMAGES NOT TO EXCEED ONE HUNDRED DOLLARS ($100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND QUINSITE TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU AND QUINSITE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND QUINSITE FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND QUINSITE AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. QUINSITE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THESE TERMS.

10.1 Covered Claims. The dispute resolution and binding arbitration terms in this Section 10 apply to all Claims between you and Quinsite. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed below) between you and Quinsite, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these Terms or the Services, including any privacy or data security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it.

10.2 Informal Dispute Resolution Prior to Arbitration. If you have a Claim against Quinsite or if Quinsite has a Claim against you, you and Quinsite will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and Quinsite will make a good-faith effort to negotiate the resolution of any Claim for 30 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with these Terms.

You will send any Claimant Notice to Quinsite by certified mail addressed to the address provided at the bottom of these Terms. Quinsite will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Quinsite. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.

The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or Quinsite cannot proceed to arbitration before the end of the Informal Resolution Period. If you or Quinsite file a Claim in court or proceed to arbitration without complying with the requirements in Section 10, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Section to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

10.3 Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual property rights of you or Quinsite, including any disputes in which you or Quinsite seek injunctive or other equitable relief for the alleged unlawful use of your or Quinsite’s intellectual property or other infringement of your or Quinsite’s intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 10.2 will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

10.4 Binding Individual Arbitration. Subject to the terms of this section, Claims may only be settled by binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”). For Claims arbitrated by the AAA, if you are a “Consumer,” meaning that you only use the Services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules are the rules applicable to Claims between you and Quinsite as modified by these Terms (the “Rules”). For Claims arbitrated by the AAA, if you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and Quinsite as modified by these Terms.

These Terms affect interstate commerce, and the enforceability of this Section 10 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Quinsite to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

10.5 Arbitration Procedure and Location. You or Quinsite may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with AAA in accordance with the Rules. Instructions for filing a demand with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Quinsite by certified mail addressed to the address provided at the bottom of these Terms. Quinsite will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Quinsite.

The arbitration will be conducted by a single arbitrator in the English language. You and Quinsite both agree that the arbitrator will be bound by these Terms.

For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in Orange County, North Carolina, unless you are a Consumer and the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Quinsite agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

10.6 Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.

10.7 Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs incurred by the defending party, including any attorney’s fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.

10.8 Offers of Settlement. Either party may, but is not obligated to, make a written settlement offer for a Claim. If an arbitration decision or award is later issued that is less favorable to a party than the last written offer of settlement that party did not accept, that party must pay all costs and fees—including arbitration, attorney, and expert fees—incurred by the other party after the written settlement offer was made. The terms of any settlement offer may not be disclosed to an arbitrator until after the arbitrator issues a decision or award on the Claim.

10.9 One Year to Assert Claims. To the extent permitted by law, any Claim by you or Quinsite against the other must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you or Quinsite will no longer have the right to assert that Claim.

10.10 Confidentiality. If you or Quinsite submits a Claim to arbitration, you and Quinsite agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Quinsite agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

10.11 Mass Arbitrations. If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Mass Arbitrations” and will be treated as mass arbitrations according to the AAA’s Mass Arbitration Supplementary Rules, if and to the extent Mass Arbitrations are filed in arbitration as set forth in these Terms. Disputes over whether a Claim meets the definition of “Mass Arbitrations” will be decided by the arbitration provider as an administrative matter. To the extent either party is asserting the same Claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.

Mass Arbitrations may only be filed in arbitration as permitted by the process set forth below. Applicable statutes of limitations will be tolled for Claims asserted in Mass Arbitrations from the time a compliant Claimant Notice has been received by a party until these Terms permit such Mass Arbitration to be filed in arbitration or court.

Initial Bellwether: The bellwether process set forth in this section will not proceed until counsel representing the Mass Arbitrations has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Mass Arbitrations have been submitted.

After that point, counsel for the parties will select 30 Mass Arbitrations to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select 15 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Mass Arbitrations will be delayed by this bellwether process. Any remaining Mass Arbitrations shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 10.

A single arbitrator will preside over each Mass Arbitration chosen for a bellwether proceeding, and only one Mass Arbitration may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Mediation: Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Mass Arbitrations, with the mediator’s fee paid for by Quinsite. Counsel for the claimants and the other party must agree on a mediator within 30 days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

Remaining Claims: If the mediation process concludes with 100 or more unresolved Mass Arbitrations remaining, any party to a remaining Mass Arbitration may elect to no longer have the arbitration requirement in this Section 10 apply to all remaining Mass Arbitrations for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether process or global mediation. To be effective, such an election must be communicated in writing (email suffices) to counsel for the opposing party within 30 days of mediation concluding. Mass Arbitrations released from the arbitration requirement must be resolved in accordance with these Terms.

If the mediation process concludes with fewer than 100 Mass Arbitrations remaining or if no party makes a timely election as provided for in the previous paragraph, the arbitrator will randomly select 50 Mass Arbitrations (or the total remaining amount if less than 50) to proceed in arbitration as a second batch. The arbitrator will randomly select eligible claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. Once all arbitrations in the foregoing process are complete, the parties will repeat this process until all Mass Arbitrations have been arbitrated.

If Mass Arbitrations released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Mass Arbitrations for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.

A court will have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

10.12 Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by emailing privacy@quinsite.com. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with these Terms.

10.13 Rejection of Future Arbitration Changes. You may reject any change we make to Section 10 (except address changes) by sending us notice of your rejection within 30 days of the change via email at privacy@quinsite.com. Changes to Section 10 may only be rejected as a whole, and you may not reject only certain changes to Section 10. If you reject changes made to Section 10, the most recent version of Section 10 that you have not rejected will continue to apply.

10.14 Severability. If any portion of this Section 10 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 10 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 10; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 10 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 10 will be enforceable.

Quinsite, Inc.

1818 MLK Jr. Blvd.

#185

Chapel Hill, NC 27514

info@quinsite.com