We Treat, LLC Terms of Use
These Terms of Use (“Terms”) are an agreement between you and We Treat, LLC, a Wyoming business corporation concerning your access to, and use of, various services offered through our website [www.wetreat.io], and any web-based and/or mobile applications that require you to create an account in order to use the Services (as such term is hereinafter defined) (collectively, the “Site”) By accessing, browsing, and/or using the Site, you accept and agree to be bound by the Terms and the Privacy Policy (collectively, the “Terms and Conditions”). If you do not agree to all of these Terms and Conditions, do not access or use the Site. If you have questions regarding these Terms and Conditions, please contact us at info@wetreat.io.
These Terms may change. Because your use of the Site means that you agree to these Terms, if we revise and update these Terms, your continued use of the Services and the Site will mean that you accept these changes. You choose whether or not to use the Services and the Site. If you do not agree to all of these Terms, please do not use the Services and the Site.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
IMPORTANT NOTICE: YOUR USE OF OUR SITE IS SUBJECT TO AN ARBITRATION PROVISION IN THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION OF THIS AGREEMENT FOR MORE INFORMATION.
Your Relationship with We Treat
We Treat, on its own behalf and on behalf of one or more professional corporations incorporated, formed or authorized in one or more states and for which We Treat provides administrative services (collectively, the “Professional Entities”), makes certain information available to you regarding remote aesthetic, wellness and weight loss treatment programs (“Telehealth Visits”) and facilitates your access to telemedicine and expert medical services provided by the Professional Entities (the “Services”). Our Privacy Policy, which may be found here: https://wetreat.io/we-treat-privacy-policy/, details how we may use, share and maintain any information that you provide to us or to the Professional Entities. We Treat’s role is limited to making such information available to you and/or facilitate your access to the Services, on behalf of the Professional Entities as their “business associate” as that term is defined under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”). We Treat is independent from the Professional Entities and the healthcare providers that may provide you with telehealth services through the Professional Entities. We Treat is not responsible for the Professional Entities’ acts, omissions or for any content of the communications made by them to you. We Treat does not engage in the practice of medicine or provide any other health services.
We Treat itself does not offer any diagnosis or treatment. ALL INFORMATION PROVIDED ON THIS SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY WE TREAT IS INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY AND IS IN NO WAY INTENDED TO CREATE A PROVIDER-PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. USE OF THE WE TREAT SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT AND RELIANCE ON ANY INFORMATION PROVIDED BY WE TREAT IS SOLELY AT YOUR OWN RISK
Your Relationship with We Treat
In connection with accessing the Services and Telehealth Visits, you acknowledge, understand, consent and agree to the following:
1. Telehealth Visits involve the use of electronic communications to enable the providers under contract and/or employed by the Professional Entities (the “Providers”) at different locations to share individual patient medical information for the purpose of providing the Services and improving patient care.
2. A Telehealth Visit is not the same as an in-person direct patient/healthcare provider visit, because you will not be in the same room as the Provider providing the Services.
3. You understand that parts of your care and treatment that require physical tests or examinations may be conducted by providers other than the Provider.
4. The communications systems used during the Telehealth Visits will incorporate reasonable security protocols to protect the confidentiality of patient information and will include reasonable measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.
5. Nevertheless, you understand that there are potential risks to the use of this technology during the Telehealth Visits, including but not limited to:
6. If applicable, you are aware that either the Provider or you can discontinue the Telehealth Visit if we believe that the videoconferencing connections are not adequate for the situation.
7. You understand that the Telehealth Visit will not be audio or video recorded at any time, and you agree not to audio or video record the Telehealth Visit.
8. In connection with a Telehealth Visit, you may be requested by a Provider to upload, post, publish or display (hereinafter, “upload”) images, videos, photographs, information, data, text, messages or other materials (“content”). You will ensure that all content you upload or share with the Professional Entities and the Providers complies with all applicable laws, rules and regulations, is appropriate and non-offensive, and that you have all necessary rights to use, share, and/or upload such content, without infringing any third party rights.
9. To the extent applicable, you hereby consent and authorize the Professional Entities and any Provider associated with the Professional Entities to review and use content you have uploaded to the Site in connection with the Services provided to you pursuant to any Telehealth Visit.
10. You agree that the Professional Entities may use and disclose your Protected Health Information (as that term is defined under HIPAA) in accordance with applicable law and the Notice of Privacy Practices provided to you.
11. You acknowledge that you have the right to request the following:
12. You agree that you are entering into an agreement with the Professional Entities which shall be a provider of the Services to you, which means, among other things, you are entering into a practitioner-patient relationship with the Provider associated with the Professional Entities that personally performs the Services.
13. You understand and agree that We Treat is the provider of certain administrative services to the Professional Entities and does not provide professional medical services itself.
14. In connection with the Services and the provision of Telehealth Visits
15. Neither We Treat nor the Professional Entities is a drug fulfillment warehouse. In the event that a Provider associated with the Professional Entities does prescribe a medication, he/she will limit the supply based on state regulations and will only prescribe a medication, as determined appropriate in his/her sole discretion and professional judgment. The Professional Entities does not guarantee that a prescription will be written.
16. You agree that any prescriptions that you acquire from a Provider shall be solely for your personal use. You agree to fully and carefully read all product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
Payment for Services.
In connection with your enrollment with We Treat, you acknowledge and agree that the Professional Entities may submit claims on your behalf for the Services to the extent such Professional Entities are participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid) or any third party commercial payor (collectively, “Payor Reimbursement”). The Professional Entities may elect to accept as payment in full any and all Payment Reimbursement from any federal or state healthcare program or any third party commercial payor for the Services.
By agreeing to use the Services, you acknowledge and agree that: (1) to the extent the Services are a covered service under any applicable federal or state healthcare programs or any third party commercial payor, you hereby authorize We Treat and the Professional Entities to submit claims on your behalf to Payor Reimbursement; (2) to the extent the Services are a covered service under any applicable federal or state healthcare programs or any third party commercial payor, you hereby authorize We Treat and the 3 Professional Entities to release any and all medical and other information to process any claims for Payor Reimbursement and assign or otherwise authorize payment directly to We Treat and/or the Professional Entities for Payor Reimbursement with respect to the Services; (3) to the extent Payor Reimbursement does not fully reimburse We Treat and the Professional Entities for the cost of the Services, you authorize and agree that We Treat may charge your Payment Method (as herein defined) for amounts not otherwise covered under Payor Reimbursement; or (4) to the extent you are choosing not use a federal and/or state healthcare program or third party commercial payor for Services, you are explicitly choosing to obtain products and services on a cash basis outside of such programs and you have sole financial responsibility for all Services provided to you. SUBMISSION OF CLAIMS DOES NOT WAIVE OUR RIGHT TO SEEK PAYMENT DIRECTLY FROM YOU.
You agree that authorizations to charge your Payment Method remain in effect until you cancel it in writing, and you agree to notify We Treat of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, We Treat may at its discretion attempt to process the charge again at any time within 30 days.
Your Representations, Warranties and Covenants to We Treat
By accessing the Site, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms with We Treat , (iii) the information you have provided to We Treat in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Site (v) you will not interfere with a third party’s use and enjoyment of the Site (vi) you will not interfere with or disrupt We Treat’s or its vendors’ security measures, (vii) if any information you provide to We Treat becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify We Treat, and (viii) you are accessing the Site for yourself.
In connection with your relationship with We Treat, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information. We will use your information in accordance with our Privacy Policy which may be found here https://wetreat.io/we-treat-privacy-policy/.
You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Site. You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the Site. We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Site at any time without prior notice.
Access to the Site.
This Site, our systems, our databases, and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software and other technologies and inventions, including any technical or functional descriptions, requirements, plans, specifications, or reports, that are provided or used by We Treat or any subcontractor engaged by We Treat in connection with this Site or otherwise comprised or related to this Site, the designs of each of the foregoing, and any and all intellectual property rights in the foregoing (collectively, the “We Treat Materials”) shall at all times remain the exclusive property of We Treat and its third-party licensors. Any third-party software included in this Site is licensed subject to the additional terms of the applicable third-party license.
Our Site may include or provide access to information, software, photos, videos, text, graphics, music, sounds, and other material or information provided by us or third parties (collectively, the “We Treat Content”) that are protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You are not acquiring any rights in or to the We Treat Content other than a non-exclusive right to access and use the We Treat Content solely in accordance with the terms of this Agreement and solely in connection with your use of our Site. You understand and agree that We Treat rights in any We Treat Content are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on the We Treat Content.
On the condition that you comply with all of your obligations under this Agreement and subject to additional terms of any third-party licenses applicable to our Site, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use our Site solely for your own, non-commercial personal development purposes. We reserve all rights not otherwise expressly granted by this Agreement. If you do not comply with this Agreement, we reserve the right to revoke any license granted in this Agreement and limit your access to our Site. Any use of our Site that exceeds the rights expressly granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use our Site. You are not acquiring any rights in or to the We Treat Materials other than a non-exclusive right to access and use this Site solely in accordance with the terms of this Agreement.
We Treat or its licensors exclusively own all right, title and interest in and to our Site, We Treat Content, We Treat Materials, and Feedback, including but not limited to, all ideas, inventions, inferences, discoveries, source and object software code, developments, derivative works, enhancements, upgrades, fixes and patches, formats and processes, and all images, trademarks, service marks, logos and icons displayed or related therein or thereto (collectively, “We Treat IP”). Except as expressly provided herein, you have no right, license, or authorization with respect to any of the We Treat IP. You shall not assert any claims to the contrary or otherwise do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein. In the event you are ever deemed to be the owner of any of the We Treat IP, you shall immediately take all necessary steps to evidence, transfer, perfect, vest, or confirm We Treat’s right, title and interest in the We Treat IP. We Treat is not transferring or granting to you any right, title, or interest in or to (or granting you any license or other permissions in or to) any We Treat IP. The sole exception of the foregoing reservation of rights are the limited rights granted to you to use our Site, which shall automatically terminate upon expiration or termination of this Agreement. Any unauthorized use of any We Treat IP, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. Trademarks owned by third parties are the property of those respective third parties.
You may not: (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of our Site in any way; (2) copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which our Site is based; (3) use our Site or We Treat Materials to develop a competing service or product; (4) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of our Site, servers, or networks connected to our Site or take any other action that interferes with any other person’s use of our Site; (5) decrypt, transfer, create Internet links to our Site, or “frame” or “mirror” our Site on any other server or wireless or Internet-based device; (6) use or merge our Site or any component thereof with other software, databases, or services not provided or approved by us; (7) circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to our Site; (8) use our Site for unlawful purposes; (9) develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with our Site; (10) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on our Site for any reason; (11) access or attempt to access any other user’s account; (12) use any We Treat Materials made available through our Site in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party; (13) introduce or attempt to introduce into our Site any virus, rogue program, Trojan horse, worm or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to or disable, erase, or otherwise harm our Site, or perform any such actions; (14) introduce or attempt to introduce into our Site any back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of an unauthorized person; (15) delete, modify, hack, or attempt to change or alter our Site, We Treat Materials, or notices on our Site; (16) connect to or access any We Treat computer system or network other than our Site; or (17) impersonate any other person or entity to use or gain access to our Site.
We Treat may terminate your use of the Site or any of We Treat’s features or services at any time and for any reason without notice. You agree that if your use of the Site is terminated pursuant to these Terms, you will not attempt to use the Site under any name, real or assumed. Except as otherwise provided in the Privacy Policy, or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Site, to return or otherwise provide to you any information to use, or any other information that we have that relates to you.
We use commercially reasonable efforts to maintain our Site, but we are not responsible for any defects or failures associated with our Site, any part thereof, or any damages (such as lost income, opportunities or any other consequential or indirect damages) that may result from any such defects or failures. Our Site may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which we may undertake from time to time; or (3) causes beyond our reasonable control or which we could not reasonably foresee. You understand that our Site is provided over the Internet, so the quality and availability of our Site may be affected by factors outside of our control. Our Site is not intended to be available 100% of the time and we do not make any representations, warranties, or guarantees regarding the reliability or availability of our Site. We do not represent, warrant, or guarantee that our Site will always be available or are completely free of human or technological errors. We will not be liable to you or any third party for damages or losses related to our Site being unavailable.
Third Party Links.
We Treat may provide links to third-party web sites. We Treat does not recommend and does not endorse the content on any third-party websites. We Treat is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements. Your use of third-party websites is at your own risk, and subject to the terms and conditions of use for such sites. We Treat does not endorse any product, service, or treatment advertised on the Site. We Treat does not control and is not responsible for the privacy practices of such third parties. We Treat encourages you to review the privacy policies of each website and application you visit and use. Any third-party software included in this Site is licensed subject to the additional terms of the applicable third-party license
Mobile Use
Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using our Site on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using our Site, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES. Please review our Privacy Policy [link] for more information on how we administer SMS text messaging, including details on how to opt-out.
Limitation on Use by Minors
YOU MUST BE AT LEAST AGE EIGHTEEN (18) TO USE OUR SITE. BY ACCESSING, USING AND/OR SUBMITTING INFORMATION TO OR THROUGH OUR SITE, YOU REPRESENT THAT YOU ARE NOT YOUNGER THAN AGE 18.
Our service is intended for use by individuals who are at least eighteen (18) years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual accesses the Site. The Site is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age. If We Treat obtains actual knowledge that it has collected personal information through the Site from a person under eighteen (18) years of age, We Treat will use reasonable efforts to refrain from using such personal information or maintaining it in retrievable form. Individuals under eighteen (18) years of age (and/or their parent or guardian) may contact We Treat if they believe their personal information has been collected and/or displayed on the Site and request its removal and/or destruction.
Please note that We Treat is not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example: (1) when an international, federal, state, or local law, rule, or regulation requires We Treat to maintain the content or information; (2) when We Treat maintains the content or information on behalf of a user’s healthcare provider as part of such user’s medical record; (3) when the content or information is stored or posted to the Site by a third party other than the user (including any content or information posted by the user that was stored, republished, or reposted by the third party); (4) when We Treat anonymizes the content or information, so that such user cannot be identified individually; (5) when such user does not request that such information be removed from the Site; and (6) when such user has received compensation or other consideration for providing the content or information.
The foregoing is not intended to be an admission that We Treat is subject to the Child Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Online Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
Account Information
When you create an account with We Treat, you are creating a direct customer relationship with We Treat that enables you to access and/or utilize various functions of the Site. As part of that relationship, you will provide certain information to We Treat, including but not limited to, your name, email address, shipping address, phone number, and certain transactional information that We Treat does not consider to be 7 “protected health information” or “medical information”. We Treat will use the data and information that you provide in accordance with its Privacy Policy.
You may not upload, post, or transmit any information in connection with your account that: (1) would violate or infringe the proprietary, privacy, publicity, or intellectual property rights of We Treat, our customers, or any third party; (2) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, or harmful to any other person or entity; (3) violates any applicable law, statute, ordinance, or regulation; (4) puts in jeopardy the security of your account, We Treat, our customers, or our Site; or (5) promotes or displays any of the following content: (a) pornography; (b) violence; (c) racial intolerance or advocacy against any individual, group, or organization; (d) profanity; or (e) illicit drugs and drug paraphernalia. We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, and remove any and all content you upload from the Site. You understand and expressly acknowledge that by using our Site you may be exposed to content that you find offensive, indecent, or objectionable and that we will not be liable to you or any other person or entity for your consumption of any content on our Site.
You must immediately notify us if you learn of or have reason to suspect any unauthorized use of your information or any other breach of security. You also agree that you will provide truthful and accurate information to us. We may refuse to grant you access to our Site for any reason, including, without limitation, if we have reason to believe that you are impersonating someone else, that the information you provide is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.
We welcome your comments, feedback, information, or materials regarding our Site or any of our other products or services (collectively, “Feedback”). Your Feedback will become our property upon your submission to us. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.
Data Retention
We Treat may retain your information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to provide its users with the Services. We Treat may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by We Treat or as required by law. Please see the Privacy Policy for additional information about how your data will be handled by We Treat.
Transactions
In connection with any transaction they conduct through the Site, users of the Site may be asked to supply certain information relevant to the transaction, including, without limitation, credit card numbers and expiration dates, billing addresses, shipping addresses, phone numbers, or email addresses. By submitting such information, users grant We Treat without charge the irrevocable, unencumbered, universal, and perpetual right to provide such information to third parties for the purpose of facilitating the transaction.
We use and rely upon electronic records and electronic signatures for the execution and delivery of these Terms and Conditions and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with these Terms and Conditions and in performing our obligations and exercising our rights under these Terms and Conditions. Neither you nor We Treat will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
Waiver
No delay or omission by We Treat to exercise any right or power it has under these Terms or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by We Treat must be in writing and signed by an authorized representative of We Treat.
Jurisdictional Issues
These Terms, the Privacy Policy, and We Treat’s collection, use, and disclosure of information are governed by United States law.
Representations
You hereby represent and warrant that: (1) you (a) are at least the age of 18; and (b) have the power and authority to enter into and perform your obligations under this Agreement; (2) all information provided by you to us is truthful, accurate and complete; (3) you will comply with the terms and conditions of this Agreement and any other agreement to which you are subject that is related to your use of our Site, your Feedback, user content, account information, or any part thereof; (4) if applicable, you have provided and will maintain accurate and complete information with us, including, without limitation, your legal name, email address, and any other information we may reasonably require; (5) your access to and use of our Site or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (6) you will immediately notify us in the event that you learn or suspect that the contact information you provided to us has been disclosed or otherwise made known to any other person; (7) you will not use our Site in order to gain competitive intelligence about us, our Site, or any product or service offered via our Site or to otherwise compete with us; and (8) your user content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and constitutes an original work of authorship by you.
Disclaimers
YOUR ACCESS AND USE OF THE SITE IS VOLUNTARY AND IS AT YOUR SOLE RISK. We Treat DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SITE AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. We Treat DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SITE.
WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT OUR SITE (INCLUDING THE We Treat CONTENT AND MATERIALS) WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT USING We Treat PLATFORM, PRODUCTS, OR SERVICES WILL RESULT IN ANY SPECIFIC RESULTS, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION OR CONTENT FOUND ON OUR SITE WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF OUR SITE WILL BE CORRECTED, THAT OUR SITE AND ANY CONTENT OR INFORMATION FOUND ON OUR SITE WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS. WE TREAT WILL HAVE NO LIABILITY REGARDING ANY LOSS OF DATA.
ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH OUR SITE OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE TREAT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS OF USE, OR INABILITY TO USE THIS SITE OR ANY OTHER SITE LINKED TO THIS SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION, SITE, ERRORS, OR OMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO THE SITE. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST We Treat FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THE SITE.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST We Treat ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OF YOUR USE OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO THE 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.” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST RELEASED PARTIES.
Entire Agreement
These Terms and any other agreements We Treat may post on the Site or that you and We Treat may execute from time to time constitute the entire agreement between We Treat and you in connection with your use of the Site and supersede any prior agreements between We Treat and you regarding use of the Site, including prior versions of these Terms.
Governing Law and Jurisdiction
Accessing this Site or use of any of its content or services from locations where such access or use of its content or services is illegal is prohibited. Notwithstanding the laws of the location from which you access the Site, you agree that the statutes and laws of the State of Wyoming,, notwithstanding any principles of conflicts of law, will apply to all matters relating to the use of the Site. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Wyoming in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction.
If any part of these Terms are deemed unlawful, void, or unenforceable, such part will be deemed severable and will not affect the validity and enforceability of any remaining provisions
Arbitration
In the event of any dispute between you and We Treat, you agree that such dispute shall be resolved through arbitration in San Diego County, San Diego, California by the American Health Lawyers Association (“AHLA”) Dispute Resolution Service and conducted pursuant to the applicable AHLA Rules of Procedure for Arbitration (the “Arbitration Rules”). The fees and expenses of any arbitration shall be allocated in accordance with the “Standard Allocation” provisions of the Arbitration Rules. The award of the arbitrator shall be final, binding and conclusive on all parties to the arbitration.
You hereby agree that you understand the consequences of agreeing to binding arbitration under this Section, including giving up any constitutional rights to have the dispute determined by a court of law or by a jury; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that judicial review might be available. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS OR THROUGH PARTICIPATION IN A CLASS ACTION OR REPRESENTATIVE ACTION. CLAIMS OR DISPUTES OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
Equitable Relief
You agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.
Changes to this Agreement
When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these Terms periodically. Your continued use of We Treat constitutes your agreement to the changed Terms.
Assignment
You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under this Agreement, nor delegate your duties hereunder to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of this Agreement. We may assign this Agreement or delegate or subcontract our obligations under this Agreement at any time.
Survival
The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
Contact Us
If you have questions, email info@wetreat.io or submit your questions here https://wetreat.io/contact-us/.