Last Revised: Dec. 17, 2019 (“Effective Date”)
Welcome to the Dr. Jess Carbino platform (drjesscarbino.com) (the “Platform”). Woke Ventures (collectively “the Company”, “we”, “our” or “us”) provides this Platform for your personal use. We operate the Platform, through which Experts who serve as network participants can be matched with you (“the Client”) for the purpose of providing relationship advice, coaching, and support (“the Services”) to those Clients.
As used throughout these Platform Terms & Conditions (“Terms & Conditions”), the term “Services” means the provision of relationship advice, coaching, and support by Experts who have independently contracted with the Company to utilize our Platform. You, as the Client, may utilize the Platform to access and engage with such Experts to obtain the Services.
To use the Services, you must agree to be bound by all of the terms and conditions contained herein. By clicking the “AGREE” box at the conclusion of these Terms & Conditions, you are indicating that you agree to be bound. If you do not agree to some or all of these Terms & Conditions, you are not authorized to access or use the Platform or the Services and should not use the Platform or the Services. If you do not agree to these Terms & Conditions, please leave this Platform.
THESE TERMS & CONDITIONS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, AND INCLUDE A CLASS ACTION WAIVER. THESE TERMS & CONDITIONS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
These Terms & Conditions describe the terms and conditions of use of this Platform by you, the User, and your rights and responsibilities as a User. By: (a) accessing and using our Platform, (b) providing payment for and/or using any Services provided through the Platform, and/or (c) providing your personal information to us, you agree and are thus bound by all of the terms and conditions set forth herein, whether or not you register for a user account (“Account”) with us.
We operate this Platform to facilitate the Services to be provided by Experts. These Experts provide the Services through our Platform as independent professionals practicing within the scope of their individual licenses, certifications, education, and capabilities. While the Platform is intended to serve the general public by providing general information about relationship advice, coaching, and support, and may facilitate the provision of Services by Experts, the Company does not itself provide any Services and the Platform is not intended to interfere with the provision of Services by Experts. The Platform is not offered as an alternative or substitute for the provision of therapy or of clinical diagnosis requiring an in-person evaluation by a licensed professional.
Content on the Platform is offered to the general public as educational and is strictly informational. Your use of the Platform warrants that you will not use it for any purpose that is unlawful or prohibited by these Terms & Conditions. Although the Company attempts to ensure the accuracy and integrity of the information on the Platform, it makes no representations, warranties, or guarantees as to the accuracy of the Platform and its content, and as such it is possible that the Platform could include typographical or other errors, or inaccuracies, and that unauthorized additions, deletions, and/or alterations could be made to the Platform by third parties. In the event that any inaccuracy arises, please inform us so it can be corrected.
The Platform may provide access through links to third party websites that provide encrypted and password-protected access to our Services. These third party websites may offer recipients access to our Services for which participants will have received additional information regarding the terms of such services, prior to being granted access.
Likewise, our Platform may contain links to websites owned and operated by third parties. These links are provided for your use and convenience. Such sites are provided solely as resources and as a convenience to our users. These links, and any associated content, are not intended to be an endorsement, recommendation, or referral for any website or third party, and we are not responsible nor do we make representation for any content, information, security practices, or privacy policies for these websites and/or third parties. If you, as a User, decide to access any third party website using links from our Site, you do so at your own risk. Platform Users are expected to independently assess whether information and resources from any website, including ours, will meet their needs.
The contents of this Platform, including without limitation, text, design, graphics, images, and other content (collectively, the “Content”) are owned by or licensed to the Company, its third party vendors, and/or other third parties. The Content is protected under copyright law. Your use of the Platform provides limited access to view, download, and print the Content, solely in conjunction with your permitted use. No portion of the Platform should otherwise be reproduced, stored, or transmitted by any means for any purpose. Such unauthorized use will constitute violation of copyright, trademark, and other laws. Any copies of copyrighted or trademarked materials, or names obtained from our Platform, should retain all copyright and proprietary notices and should not be used without permission. Use of any Content on the Platform does not grant ownership rights to such Content or to the Platform. You may not sell or modify Content or display Content for public or commercial use.
Unauthorized access to the Platform and its Content via hacking is prohibited, as are the use of bots, spiders, scrapers, web crawlers, indexing agents, deep-links, or other such devices, mechanisms, or programs intended to do the same.
Additionally, restrictions to use of the Platform include accessing or tampering with non-public areas of the Platform or our systems, or the delivery of our systems or the Services. You may not interfere with the access of any Platform user, host, or network related to our Platform or the Services (e.g., sending viruses, overloading, flooding, spamming, mail-bombing) or attempt to tamper or change any Platform-related software.
Any use of our Platform or its Content not expressly permitted within these Terms & Conditions is a breach of the Terms & Conditions and may violate U.S. laws.
You understand, agree, and acknowledge that we may modify, suspend, disrupt, or discontinue the Platform, or any specific part of the Platform, whether to all Users or to you specifically, at any time and with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
The Platform depends on various factors such as software, hardware, and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility at all times, you understand and agree that no platform can be 100 percent reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely, or error-free at all times.
THE SERVICES AND THE EXPERTS
The Platform may be used to connect you with Experts who will provide the Services to you via the Platform. The Experts are independent providers who are neither our employees nor agents nor representatives. The Platform’s role is limited to enabling the Experts’ provision of the Services, while the Services themselves are the responsibility of the Experts who provide them. If you feel the Services provided by a particular Expert do not fit your needs or expectations, you may request to transition to a different Expert who provides the Services via the Platform.
While we hope the Services are beneficial to you, you understand, agree, and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation. The Services you receive from Experts via the Platform should not be used as a replacement for the provision of therapy or of clinical diagnosis requiring an in-person evaluation by a licensed professional. As a condition of utilizing this Platform, Experts may not engage in the practice of therapy or any other services provided by licensed professionals. The Company’s Platform is not intended for the dissemination of any information regarding which medical treatments (including but not limited to drugs) may be appropriate for a Client.
Your relationship with an Expert is strictly with that Expert. Woke Ventures is not involved in that relationship and does not interfere, validate, or control the Expert’s provision of the Services unless advocating on behalf of you when following up on a specific complaint. However, the Services you receive from an Expert through the Platform are not intended to give rise to a provider-patient relationship and/or an ongoing treatment relationship. You are expected to seek follow-up or emergency care when recommended by an Expert or when otherwise needed. You should continue to consult with your primary care provider and/or any other health care providers as needed or recommended.
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS, IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER, OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE UNITED STATES), NOTIFY THE RELEVANT AUTHORITIES, AND SEEK IMMEDIATE IN-PERSON ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE EXPERTS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON MEDICAL CARE FROM YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
THIRD PARTY CONTENT
Our Platform, via third party websites and other platforms, may provide access to outside content. Additionally, the Platform may integrate third party applications, products, or services which may subsequently gain access to your data and/or personal information. These third party applications, products, and services are not affiliated with the Company and, as such, may have different policies regarding the handling of data and/or personal information. Your use of these third party applications, products, and services is subject to the terms and conditions and privacy practices / policies maintained by such third party applications, products, and services. We make no representations or warranties with respect to third party applications, products, or services, or how they operate, including operations involving the privacy, security, exchange, and transmission of your data. We advise you to review the terms and conditions and policies / practices for all third party applications, products, and services with which you engage. We do not endorse, or hold any responsibility for, the information, practices, and policies they hold.
As our Company is distinct from any third party websites, platforms, applications, products, and/or services with whom we may partner for the Services, or to which we otherwise link to through our Platform, you acknowledge and agree that we are not responsible for the quality, integrity, safety, accuracy, availability, reliability, or legality of such third party websites, platforms, applications, products, and/or services, or resources contained therein, and that we are not responsible or liable for any content, advertising, products, or other material available from such third party websites, platforms, applications, products, and/or services. Further, you acknowledge that our Company shall not be responsible or liable, directly or indirectly, for any damage, harm, injury, or loss of any kind caused or alleged to be caused by or in connection with the use of or reliance upon any content, material, or services available through any third party websites, platforms, applications, products, and/or services.
By agreeing to these Terms & Conditions, you agree that you have reviewed and understand, acknowledge and/or certify as true each of the terms below:
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing the Company with your credit card number and associated payment information, you agree that we are authorized to immediately invoice your account for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required.
We reserve the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms & Conditions.
You understand and agree that for any Services provided on an appointment basis, you may be responsible for a missed appointment fee according to the current fee schedule if you do not cancel a scheduled appointment at least twenty-four (24) hours in advance of the scheduled appointment time.
You can send messages to an Expert by utilizing the direct communication features available to you via the Platform. Email messages received will be viewed by the Expert and typically will be answered within twenty-four (24) hours of receipt. Such email messages do not give rise to a provider-patient relationship or an ongoing treatment relationship and do not constitute medical treatment, diagnosis, therapy, advice, or services. If you are or could be experiencing a medical emergency, please call 911 or seek emergency care immediately.
We may provide notices or other communications to you regarding these Terms & Conditions or about any aspect of the Platform or the Services, by email to the email address that we have on record for you, by regular mail, or by posting such communications online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to [email protected].
You consent to receiving emails or other communications from us regarding the Services you receive. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications”) through electronic means including, but not limited to: (1) email, using the email address that you provide to us during registration; (2) short messaging service (“SMS”) text messages, using the mobile number that you provide to us during registration; (3) push notifications, using the mobile number that you provide to us during registration; or (4) by posting the Communications on the Platform. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivered communication. You can withdraw your consent to receive Communications by email by canceling or discontinuing your use of the Services. You can opt out of receiving future Communications through email, phone, or SMS text message by replying “STOP” or by calling the Company directly. Should you choose to opt out of receiving Communications, but you continue to use our Platform and the Services, you are responsible for reading the content on our Site regarding any policy changes.
PRIVACY AND SECURITY
As part of providing the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements, and administrative messages. These communications are considered part of the Services and related to your account with the Platform. The Company will not include your personal information in any such communications, though the Company may include your personal information when contacting you directly via a secure message service. The Company cannot secure any personal information sent to us by email because such information can be accessed by other internet users. If you choose to send your personal information by email, you acknowledge and agree that email is a non-secure means of communication. Information relating to the Services you receive, including notes and records, are maintained by the Expert and not by the Company.
You agree not to provide any User information that: (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (c) contains or transmits a virus or any other harmful component.
If you receive any file from us or from an Expert, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
USER ACCOUNTS AND USER OBLIGATIONS
To create a User Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register for a User Account or use our Services. By agreeing to these Terms & Conditions, you certify that the information you provide under your User Account, at all times, and any information you upload to your User Account, is true, accurate, current, and complete, to the best of your knowledge. You may not share or transfer your User Account, or create more than one User Account.
You are responsible for maintaining the confidentiality of your User Account password and you are fully responsible for all activities that occur under your User Account. You are responsible for exiting your User Account completely and logging off at the end of each session. Please use caution when accessing your User Account from public or shared computers. You agree to notify the Company immediately of any unauthorized use of your User Account or any breach in its security. We will not be held liable for any loss or damage arising from your failure to comply with the above.
You agree, confirm, and acknowledge that you are solely and fully liable and responsible for all activities performed using your User Account. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your User Account by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss. Likewise, you agree and commit not to use the User Account of any other person for any reason. You agree and confirm that your use of the Platform and the Services are for your own personal use only and that you are not using the Platform or the Services for or behalf of any other person or organization.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of the Platform’s systems, services, servers, networks, or infrastructure, including without limitation, obtaining unauthorized access to the aforementioned. You agree and commit not to make any use of the Platform for the posting, sending, or delivering of any of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist, or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
You agree and commit not to violate any applicable local, state, national, or international laws, statutes, ordinances, rules, regulations, or ethical codes in relation to your use of the Platform and the Services.
USE OF THE SERVICES BY MINORS
By using the Platform and the Services, you affirm that you are of legal age to agree to these Terms & Conditions. The User Account holder for any individuals under the age of eighteen (18) (“Minors”) who utilize the Platform and the Services must be the individual’s parent or legal guardian. If you register for a User Account as the parent or legal guardian on behalf of a Minor, you will be fully responsible for complying with these Terms & Conditions, and for any and all actions taken by the Minor when accessing the Platform or Services.
A parent or legal guardian of a Minor may prohibit such individual’s use of the Platform and the Services. If you are the parent or legal guardian of a Minor and believe that such individual has used the Platform and/or the Services without your consent or authorization, please contact us at [email protected].
Notwithstanding the foregoing, Minors under thirteen (13) years of age are not permitted to access or use the Platform or the Services or to agree to these Terms & Conditions, even if a parent or guardian would be willing to provide consent.
If you wish to allow Experts to provide the Services to a Minor, except where under applicable law at the site of treatment parental consent is not required, you must, at the time and for the duration of any communication with an Expert through the Platform be physically present with the Minor. You must identify yourself as the Minor’s parent or guardian. You must decide whether, on the Minor’s behalf, to grant informed consent to the Expert’s provision of the Services.
In certain circumstances as determined by applicable state laws, a Minor is himself/herself deemed capable of granting informed consent, independent of a parent or guardian. The Company is solely responsible for determining whether those circumstances apply to the case of any given minor. Where they do, your consent is not required, nor is your presence, during the communication between the Minor and the Expert. In fact, in these instances, the Minor may lawfully forbid the Expert to disclose to you (as the parent or guardian of the Minor) any information concerning the Services provided by Expert to which these exceptions apply and may prohibit your physical presence during the consultation.
We hereby grant to you a limited, non-exclusive, non-transferable right to access the Platform and the Services solely for your personal, non-commercial use and only as permitted under these Terms & Conditions and any separate agreements you may have entered into with us (“Access Rights”).
We reserve the right, in our sole discretion, to deny or suspend use of the Platform and the Services to any one for any reason. You agree that you will not, and that you will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Platform or the Services to violate any local, state, national, or international laws; (c) reverse-engineer, disassemble, decompile, or translate any software or other components that the Platform or the Services utilize, including third party platforms; (d) distribute viruses or other harmful computer code through the Platform or that of our third party partners; or (e) otherwise use the Platform or the Services in any manner that exceeds the scope of use granted above.
In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with Experts or other Company agents through the Site. You also agree to refrain from directly contacting any Expert for services outside of the Platform and the Services. We are not responsible for any interactions with Experts that are not conducted through the Platform or the Services.
We strongly recommend that you do not use the Platform or the Services on public or shared computers. We also recommend that you do not store your User Account password through your web browser or other software.
You may deactivate your User Account and end your registration at any time, for any reason by sending an email to [email protected].
The Company may suspend or terminate your use of the Platform and Services, your User Account, and/or your registration for any reason at any time.
Subject to applicable law, we reserve the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or content destruction policies. After such termination, the Company will have no further obligation to provide you Services.
RIGHT TO MODIFY
We may, at our sole discretion, change, add, or delete portions of these Terms & Conditions at any time. Any modifications will be communicated to our users in writing and provided to users by email at the email address they have provided, and by posting to the Platform. Continued use of the Platform and the Services following notice of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms & Conditions, inclusive of such changes.
Therefore, you are encouraged to review these Terms & Conditions frequently. The Effective Date of these Terms & Conditions is posted at the top of this page. By using the Platform after the Effective Date, you agree to be bound by such changes to the Terms & Conditions. If you do not agree to the changes in these Terms & Conditions, you must immediately terminate your access to the Platform and the Services.
All of the content available on or through the Platform is the property of Woke Ventures or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Platform to any third party. All software and accompanying documentation made available for download from the Platform is the copyrighted work of Woke Ventures or its licensors. Any copy made of information obtained through the Platform must include all applicable copyright notices.
“Dr. Jess Carbino” is a copyrighted term, all rights reserved. Subject to these Terms & Conditions, we hereby grant you a limited, revocable, non-transferable, and non-exclusive license to use the software, network facilities, content, and documentation available through the Platform to the extent, and only to the extent, necessary to access and use the Platform.
The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse-engineer, disassemble, decompile, or create derivative works of the Platform or to allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse-engineer, disassemble, decompile, or create derivative works of the Platform; or (ii) transfer, distribute, sell, lease, rent, disclose, or provide access to the Platform to any third party or use the Platform to provide service bureau, time sharing, or other services to third parties.
Use of the Platform is at your own risk. We provide no warranty that our Platform will operate without interruption or error, or that the Platform and its server are free from viruses or other harmful technologies. Any subsequent damage to your computer system, or loss of data, that results from your use of the Platform falls under your assumed risk and responsibility. Further, while we aim to ensure appropriate and accurate sharing of information, we make no warranties regarding the content of the Platform and/or its quality, accuracy, truthfulness, or reliability.
YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM OR THE SERVICES IS AT YOUR SOLE RISK. BOTH THE PLATFORM AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.
The Company is not responsible for any inaccurate or incorrect content posted on the Platform or relayed through the Services provided. We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any Communication caused by the user, the Company, or a third party. The Company is not responsible for any problems or technical malfunctions of network or phone lines, computer equipment or systems, servers, providers, software, email providers, or internet traffic, including injury or damage to you or any other person’s computer related to or resulting from using our Platform or the Services. Under no circumstances will the Company or any of its affiliates or third parties be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Platform or the Services, or any content posted on or transmitted from the Platform or relayed through the Services provided.
You acknowledge and agree that the Experts using the Platform to provide the Services are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all such Services.
The Company does not guarantee or promise any specific results from your use of the Platform or the Services. General advice posted to the Platform or relayed through the Services provided is for informational purposes and is thus not intended to replace or substitute for the provision of therapy or of clinical diagnosis requiring an in-person evaluation by a licensed professional. General advice also does not form the basis for a provider-patient relationship. As a condition of utilizing this Platform, Experts may not engage in the practice of therapy or any other services provided by licensed professionals. The Platform is not intended for the dissemination of any information regarding which medical treatments (including but not limited to drugs) may be appropriate for a Client. We disclaim any and all liability regarding any treatment, action by, or effect on any person following any general information offered or provided via the Platform or relayed through the Services provided. Specific concerns that require clinical advice should be directed to an appropriately trained and licensed health care professional.
The Platform is intended for use within the United States. Those choosing to access the Platform outside of the U.S. are responsible for compliance with all local laws, including those which may apply to content on the Platform which may be prohibited locally.
LIMITATIONS ON LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ANY OF ITS OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, ACTUAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, COST OF SUBSTITUTE PRODUCTS OR SERVICES, BODILY INJURY, OR DEATH OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE PLATFORM OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE UNDER THEORY OF BREACH OF CONTRACT, TORT, NEGLIGENCE, CONTRACT, WARRANTY, STATUTE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU ARISING FROM THESE TERMS, THE USE OF OR INABILITY TO USE THE PLATFORM OR THE SERVICES, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 USD OR THE AMOUNT PAID BY YOU TO THE COMPANY FOR ACCESS TO AND USE OF THE PLATFORM AND/OR THE SERVICES.
YOU RELEASE THE COMPANY AND HOLD IT AND ANY THIRD PARTY WHO PROMOTES THE SERVICES OR PROVIDES YOU WITH A LINK TO THE PLATFORM HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE AS CITED ABOVE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM AND THE SERVICES. WE, AND THOSE REFERENCED DIRECTLY ABOVE, EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF THE SERVICES VIA THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR PROFESSIONAL MALPRACTICE. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAWS LIMITING OR PROHIBITING A GENERAL RELEASE. To the extent the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable laws.
The failure of our Company to enforce any right or provision of these Terms & Conditions does not constitute a waiver of future enforcement of any right or provision. If, for any reason, a court of competent jurisdiction or an arbitrator finds any portion of a provision of these Terms & Conditions unenforceable or invalid, that provision will otherwise be enforced to the maximum extent permissible. All other provisions of these Terms & Conditions will remain in full force and effect.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE COMPANY AND ANY SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER THIRD PARTY PARTNERS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, DEMANDS, COSTS, AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING ACTUAL, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO, YOUR USE OF THE SITE AND THE SERVICES. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAWS THAT LIMIT OR PROHIBIT SUCH A GENERAL RELEASE.
WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set forth in these Terms & Conditions 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 of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.
The Company makes no representation that all products, services and/or material described on its Platform, or the Services available through the Platform, are appropriate, legal, or available for use in locations outside the United States or in all territories within the United States.
Except as otherwise set forth in these Terms & Conditions, you hereby agree to resolve any and all controversies, claims, and/or disputes (each, a “Dispute”) arising as a result of your use of the Platform or the Services, solely pursuant to the terms of the section below.
THE COMPANY DOES NOT PROVIDE EMERGENCY CARE. IF YOU THINK YOU ARE FACING AN EMERGENCY, PLEASE DO NOT RELY ON THE COMPANY FOR HELP. IMMEDIATELY CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM.
VIOLATIONS AND FEEDBACK
Please report any violations of these Terms & Conditions to us at [email protected].
Feedback regarding our Platform and the Services is welcomed and can be submitted by emailing us at [email protected].
AGREEMENT TO TERMS & CONDITIONS
You understand that by checking the “AGREE” box for these Terms & Conditions and/or any other forms presented to you on our Platform you are agreeing to these Terms & Conditions and that such action constitutes a legal signature.
I ACKNOWLEDGE THAT ALL MY QUESTIONS HAVE BEEN ANSWERED TO MY SATISFACTION.
I ACKNOWLEDGE THAT I HAVE READ THESE TERMS & CONDITIONS AND THAT I AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.