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Policies & Notices

Arbitration Policy

Last Updated: 6/1/2025

This Arbitration Policy applies to any dispute between you and Harmony Health that arises out of or relates to your use of Harmony Health’s websites, applications, scheduling portals, services, or these Terms of Use.

By using Harmony Health’s services, you agree to this Arbitration Policy unless you properly opt out as described below.

1. Agreement to Arbitrate

You and Harmony Health agree that any dispute or claim arising out of or relating to your use of Harmony Health’s services or these Terms of Use (a “Dispute”) will be resolved through final and binding individual arbitration, rather than in court, except as expressly stated below.

This agreement to arbitrate applies to all legal theories, including claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.

2. Exceptions

The following disputes are not subject to arbitration:

  • Individual claims that qualify for small claims court, if filed and maintained on an individual basis
  • Claims related to patents, copyrights, trademarks, or trade secrets
  • Claims for personal bodily injury, where arbitration is prohibited by law

Nothing in this policy prevents you from filing a complaint with a federal, state, or local government agency.

3. Waiver of Jury Trial and Class Actions

To the fullest extent permitted by law:

  • You waive the right to a trial by jury
  • You waive the right to participate in any class, collective, representative, or private attorney general action

All disputes must be brought only on an individual basis. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s claim.

4. Arbitration Rules and Administration

Arbitration will be administered by National Arbitration and Mediation (NAM) or another mutually agreed arbitration provider if NAM is unavailable.

The arbitration will be conducted under the provider’s applicable rules, as modified by this Arbitration Policy. The Federal Arbitration Act governs this policy.

Arbitration may be conducted by telephone, via video conference, through written submissions, or in person, as determined by the arbitrator.

5. Pre-Arbitration Informal Resolution

Before initiating arbitration, you and Harmony Health agree to make a good faith effort to resolve any Dispute informally.

To begin this process, the initiating party must mail a written notice describing the Dispute and the relief sought. Notices must be mailed to:

Harmony Health
Attn: Legal Department
2020 Calamos Court, Suite 200
Naperville, IL 60563

If the Dispute is not resolved within 60 days of receipt of the notice, either party may initiate arbitration.

6. Fees and Costs

Payment of arbitration fees will be governed by the arbitration provider’s rules.

Harmony Health will consider requests to reimburse consumer filing fees in cases of demonstrated financial hardship.

Each party is responsible for its own attorneys’ fees unless otherwise required by law.

7. Arbitrator Authority

The arbitrator will:

  • Decide the Dispute according to applicable law
  • Issue a written, reasoned decision
  • Have authority to award only individual relief

The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.

8. Location

If an in-person arbitration is required, it will take place in the U.S. county where you reside or work, unless the parties agree otherwise.

9. Opt-Out Right

You may opt out of this Arbitration Policy by mailing a personally signed, written notice within 60 days of the first time you agreed to the Terms that included this Arbitration Policy.

Your notice must include:

  • Your name and residential address
  • The email address or phone number associated with your account
  • A clear statement that you are opting out of arbitration

Send opt-out notices to:

Harmony Health
Attn: Legal Department
2020 Calamos Court, Suite 200
Naperville, IL 60563

Opting out of arbitration does not affect any other provisions of the Terms of Use, including the waiver of class actions where permitted by law.

10. Severability and Survival

If any part of this Arbitration Policy is found unenforceable, the remaining provisions will remain in effect.

This Arbitration Policy survives termination of your relationship with Harmony Health.

11. Changes to This Policy

Harmony Health may update this Arbitration Policy from time to time. Material changes will be posted with an updated “Last Updated” date.

If changes materially affect your rights, you may reject those changes by providing written notice within 30 days of the update. Rejecting a change means disputes will be governed by the prior version of this Arbitration Policy.