Terms of Use

 

• post a message or information under a false name;

• attempt to interfere with, harm, copy, translate, disassemble, decompile, reverse engineer, steal from, or gain unauthorized access to the Services, Website, user accounts, or the technology and equipment supporting the Services or Website; 

• frame or link to the Services and Website without permission; 

• use data mining, robots, or other data gathering devices on or through the Services and Website, unless specifically allowed by these Terms of Use; 

• post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; 

• disclose personal information about another person (other than for those for whom you are authorized to disclose information); 

• post information that is unlawful, defamatory, obscene, fraudulent, harassing or threatening to any Users or Providers on the Website; 

• sell, transfer, or assign any of your rights to use the Services and Website to a third party without Healthier.clinic’s prior express written consent; 

• post advertising or marketing links or content, except as specifically allowed by these Terms of Use; 

• use the Services and Website in an illegal way or to commit an illegal or wrongful act in relation to the Services and Website or that otherwise results in fines, penalties, and other liability to Healthier.clinic or others; 

• attempt to access information or a record that you are not authorized to access, including information from the Provider; or

• access the Services and Website from a jurisdiction where it is illegal or unauthorized.

 

24 hours prior to the appointment, you will be subject to a late cancellation fee and if you miss an appointment without cancelling beforehand, you will be responsible for a no-show fee.]  

 

Providers

 

All of our Providers hold the professional licenses issued by the professional licensing boards or agencies in the states where they practice. You may receive Services from a Provider who is licensed outside your state of residence, if your state of residence permits out-of-state Providers to provide remote healthcare services. All practitioners hold advanced post-graduate degrees and have at least 2 years of direct clinical experience. If you have any complaints with a specific Provider, please report the incident(s) to contact@healthier.clinic and to the professional licensing board in the state in which the care was received.

 

Termination

 

You can choose to terminate your Account and end your use of the Services at any time by sending an email to contact@healthier.clinic. Healthier.clinic may suspend or terminate your use of the Website and your Account at any time, for any reason. Healthier.clinic reserves the right to change, suspend or discontinue all or part of its Services, temporarily or permanently, and while we will do our best to provide advanced notice, there is no guarantee. Healthier.clinic may terminate your right to access and use the Services and Website for cause immediately as follows: (1) to comply with applicable Laws or instructions from any governmental agency or authority; (2) if Healthier.clinic, in its sole discretion, suspects that you are using the System in a manner not permitted by these Terms of Use; or (3) upon any breach of these Terms of Use by you.

 

Right to Modify Terms of Use 

 

Healthier.clinic retains the ability to modify these Terms of Use, at any point, for any reason. Our most updated version will remain on our Website for review and we may notify Users of any change, although this may not always occur. Your continued use of the Services constitutes your understanding and agreement with the current Terms of Use. If at any point, you choose not to accept these Terms of Use or any changes that are made after you have initially reviewed and agreed, you should cease your use of the Services and Website as soon as possible. 

 

Intellectual Property

 

Healthier.clinic is the sole owner of any content or materials displayed on the Website. You are permitted to use the Services for your own personal, non-commercial use. However, you may not use any content or materials displayed on the Website for any commercial purposes. You may not modify, copy, reproduce, republish, upload, post transmit, sell, or exploit in any manner any material found on the Website or information garnered from Services unless explicitly authorized in these Terms of Use or by the owner of the materials. This also applies to any names, logos or materials displayed on the Website that would constitute trademarks or logos. You are not authorized to use any marks without explicit permission of Healthier.clinic, and all ownership remains with the company. 

 

Links on Website

 

Any links listed on the Website are provided for your convenience. We do not endorse these websites or the products and services they provide. While we maintain that we will do our best to ensure that we are linking to credible websites, we do not assume responsibility for any inaccurate or unlawful content posted on other platforms or websites. 

 

Privacy and Communications

 

As part of the Services, you may receive communication (either through email or text message) notifying you of content that may be of interest, any pending action you need to take through your account, or reminders related to Services you are receiving. Healthier.clinic will strive to maintain the confidentiality of your contact information (please see the Healthier.clinic Privacy Policy located at https://Healthier.clinic/index.html for more in-depth information). You explicitly consent to the collection, storing, hosting, use, disclosure and other processing, handling or disposition of information as described in the Healthier.clinic Privacy Policy, as such policy may be amended by Healthier.clinic in its sole discretion from time to time.  

 

Disclaimers 

 

Our intention at Healthier.clinic is to provide a platform that allows Users to access clinical services, including online telehealth services, from licensed healthcare practitioners. While we strive to ensure that this happens, you acknowledge that we have no control over and take no duty to action regarding: (1) which Users gain access to the Services and Website; (2) the Services you choose to access; and (3) how you interpret the content you consume. We are not responsible for the accuracy or reliability of information other members post on the Website and submit that the content that is posted and shared is not representative of opinions shared by Healthier.clinic. While we will strive to maintain the confidentiality and fidelity of data shared, we cannot promise that the services will operate free from error, the loss of data will not occur and that we are exempt from the risk of a breach.

 

Representations, Covenants and Warranties

 

You represent, covenant and warrant to Healthier.clinic that: (1) you are living in the United States of America; (2) you will use the Services and Website only as authorized and intended; (3) these Terms of Use have been executed and delivered by you and constitute a valid and binding agreement with you, enforceable against you in accordance with their terms; (4) you will not access or use the Services except as expressly permitted by these Terms of Use and any additional instructions, guidelines or policies issued by Healthier.clinic, including those posted on the Website; (5) you will access and use the Services in full compliance with applicable Law; and (6) all of the information, data and other materials provided by you in support of your online registration are accurate and truthful in all respects.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES AND/OR THE WEBSITE IS AT YOUR SOLE RISK, AND THE SERVICES AND/OR WEBSITE ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, HEALTHIER.CLINIC MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING (1) THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OR RESULTS TO BE DERIVED FROM THE USE OF THE SERVICES AND/OR WEBSITE OR ANY DATA SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, WORK PRODUCT OR OTHER MATERIALS RELATED TO THE SERVICES AND/OR WEBSITE, OR THE AVAILABILITY OF ANY OF THE FOREGOING; OR (2) WHETHER THE INFORMATION AVAILABLE ON OR TRANSMITTED BY THE SERVICES AND/OR WEBSITE IS TRUE, COMPLETE OR ACCURATE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HEALTHIER.CLINIC IS NOT RESPONSIBLE FOR ANY HEALTHCARE OR OTHER DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROFESSIONAL BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE SERVICES OR WEBSITE, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. FURTHER, HEALTHIER.CLINIC DOES NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS INHERENT TO TRANSMITTING INFORMATION OVER AND STORING INFORMATION ON OR VIA THE INTERNET AND THAT HEALTHIER.CLINIC IS NOT RESPONSIBLE FOR ANY LOSSES, CORRUPTION, DAMAGE, OR INJURY TO YOUR DATA, CONFIDENTIALITY OR PRIVACY IN CONNECTION THEREWITH.

 

In consideration of Healthier.clinic providing the Services to you, the receipt and sufficiency of which you acknowledge, you agree to release Healthier.clinic and its respective affiliates, managers, members, directors, shareholders, officers, employees, contractors, volunteers, agents, successors, and/or assigns, from claims and all liabilities of every kind, known and unknown, arising from or related to the Services or your use of the Website, including, but not limited to, adverse or suboptimal health outcomes, events, or any other change to health or disease, or changes in mood or behavior.  You hereby waive any statutory or other type of protections that would otherwise limit this release to covering only known or suspected claims at the time of this release.  You acknowledge and understand that the foregoing release is a material inducement to Healthier.clinic for Healthier.clinic to provide the System to You. 

 

Posting of Information on the Website

 

If you post anything in the public areas of the Website, you represent and warrant that: (i) you own the content posted by you or otherwise have the right to grant the license set forth in these Terms of Use, (ii) the posting and use of the information by you on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) your posting of information on the Website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Website. You also acknowledge and agree that information you post publicly is non-confidential and non-proprietary.  If Healthier.clinic determines you have posted information that may infringe upon the intellectual property rights of someone else, we may remove infringing material. We may also terminate a repeat infringer’s access to portions of our Services. If you have a good faith belief that your copyright is being infringed upon by any material on our Website or if you believe your rights, or the rights of someone else, are being violated in any way by material on our Website, please send a notice to support@healthier.clinic.

 

Healthier.clinic may (but is not obligated to) review and remove any information you post publicly at any time for any reason, including for activity which, in its sole judgment: violates these Terms of Use; violates applicable Laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Services or the Website.

 

Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEALTHIER.CLINIC, ITS AFFILIATES AND THEIR RESPECTIVE CURRENT, FUTURE OR FORMER OFFICERS, DIRECTORS, PARTNERS, EQUITY HOLDERS, EMPLOYEES, AGENTS, CONTRACTORS AND VOLUNTEERS, AND THEIR SUCCESSOR OR ASSIGNS (COLLECTIVELY, THE “HEALTHIER.CLINIC GROUP”) SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICES OR WEBSITE, OR BASED UPON ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT (INCLUDING THESE TERMS OF USE AND ANY ADDITIONAL INSTRUCTIONS, GUIDELINES OR POLICIES ISSUED BY HEALTHIER.CLINIC, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY (COLLECTIVELY, THE “EXCLUDED DAMAGES”). THE EXCLUDED DAMAGES ALSO INCLUDE WITHOUT LIMITATION, LOSS OF SAVINGS OR REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF LIFE OR HEALTH, DATA LOSS, THE CLAIMS OF THIRD PARTIES; AND ANY COST OF ANY SUBSTITUTE EQUIPMENT OR SERVICES. IF HEALTHIER.CLINIC CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING DAMAGES, THEN HEALTHIER.CLINIC GROUP’S MAXIMUM LIABILITY TO YOU IS LIMITED TO $100. THESE LIMITATIONS APPLY EVEN IF ANY OTHER REMEDIES AVAILABLE TO YOU FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Remedies

 

At its option, any member of the Healthier.clinic Group may seek all remedies available to it under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms of Use including any additional instructions, guidelines or policies issued by Healthier.clinic and/or actions for damages.

 

Claims

 

No action arising out of, in connection with, or relating to these Terms of Use or the subject of these Terms of Use shall be brought by you more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written and signed consent of both you and Healthier.clinic. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph.

 

Indemnity by You

 

You will indemnify and hold harmless the Healthier.clinic Group on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by any of the members of the Healthier.clinic Group, and, if directed by Healthier.clinic, shall defend the Healthier.clinic Group against: (1) all claims that any information, data or other materials provided by you in connection with your use of the Services and/or the Website (including your application for registration to access and use the Website) or these Terms of Use, or use thereof by any member of the Healthier.clinic Group, infringes, misappropriates or otherwise violates any patent, trademark, copyright, trade secret or other intellectual property or proprietary right of a third party; (2) all claims arising from fraud committed by, or the intentional misconduct, criminal acts or gross negligence of, you; and (3) all claims otherwise arising due to a failure by you to comply with any term or condition of these Terms of Use. 

 

Dispute Resolution

 

If a dispute arises under these Terms of Use between you and any member of the Healthier.clinic Group, such dispute shall be resolved, at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the National Arbitration Forum or the American Arbitration Association, under their rules for consumer arbitrations. All disputes will be handled solely between the named parties, and not on any representative, private attorney general, or class basis. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU WAIVE YOUR RIGHT TO ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR JURY, TO THE EXTENT PERMITTED BY LAW. Notwithstanding any other provision of these Terms of Use, any member of the Healthier.clinic Group may resort to court action for injunctive relief at any time if, in its good faith belief, the dispute resolution procedures described would permit or cause irreparable injury to such member of the Healthier.clinic Group or any third party claiming against a member of the Healthier.clinic Group, due to delay arising out of such dispute resolution procedures.

 

Governing Law

 

All rights and obligations of you or Healthier.clinic relating to these Terms of Use, including any additional instructions, guidelines or policies issued by Healthier.clinic, including those posted on the Website, shall be governed by and construed in accordance with the Law of the United States of America, State of Georgia, without giving effect to any choice-of-law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the Laws of any other jurisdiction.

 

Force Majeure

 

Healthier.clinic will be excused from performance under these Terms of Use for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms of Use, in whole or in part, as a result of a Force Majeure Event. For purposes of this provision, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines or embargoes, (4) labor strikes; (4) telecommunications, network, computer, server or Internet downtime; (5) unauthorized access to Healthier.clinic’s information technology systems by third parties; or (6) other causes beyond the reasonable control of Healthier.clinic.

 

Severability

 

If any provision of these Terms of Use shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable Laws.

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