Your Mobile Health Care Physician
These Terms of Service (“Terms”) govern your access to and use of the Site and their related internet-based services, features, content, and functionality, including the Appointment Booking Service (the “Booking Service” and, together with the Site and the “Service” or “Services”). By using the Service, you acknowledge that you have read, accepted, and agreed to be bound by these Terms.
ACCEPTANCE OF TERMS
These Terms constitute an electronic contract that explains the legally binding terms of your use of the Service. By using the Service, you accept and agree to these Terms and any conditions or notices contained or referenced within. You acknowledge that these Terms may be modified by us at any time, in our sole discretion, and that any modifications will be effective upon posting. Your continued use of the Service shall indicate your acceptance of any modified terms. Further, you agree that we may at any time, in our sole discretion, with or without prior notice to you, modify, cancel, update, reconfigure, supplement, limit, terminate, or otherwise alter the Service or any part thereof, including as between different users, whether temporarily or permanently.
By using the Service, you also agree that we may send you various communications by email or by posting them on the Site. Should you decide that you do not wish to receive communications by email, please contact us at McKreithMD@aloewellhealth.com. Your withdrawal of consent will be effective within a reasonable time after we receive such notice. A withdrawal of consent will not affect the enforceability of these Terms. However, a withdrawal of consent to receive communications electronically may result in termination of your use of the Service.
We reserve the right to, and you acknowledge and consent that we may (but are not required to), monitor the Service to the extent permitted by law, including your communications and activities via the Service, and in connection with your access and use of the Service, including without limitation, information provided by you and information about your geolocation.
GENERAL USE OF THE SERVICE
Limited License
Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to: (i) access and use the Service on a device that you own or control solely in connection with your use of the Service; and (ii) access and use any content information and related materials that may be made available through the service to you, in each case solely for your personal use. Any rights not expressly granted herein are reserved by AloeWell Health and its licensors.
Prohibited Uses
Any commercial or promotional use, distribution, reproduction, or other exploitation of the service, or any content, code, data, or materials on either the Site or the App, is strictly prohibited unless you have received express prior written permission from us. Other than as expressly allowed in these Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data, or materials on or available through the Service. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Service, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary notices. If you make other use of the Service, or its content, code, data or materials, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, or applicable state laws and may be subject to liability for such unauthorized use.
You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of email or other addresses, contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service, including without limitation any information residing on any server or database connected to the Service; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; (iii) use the Service in any manner with the intent to interrupt, damage, disable, overburden, or impair the Service, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Service in violation of our or any third party’s intellectual property or other proprietary or legal rights; (v) insert your own or a third party’s advertising, branding or other promotional content into any of the Service’s content, materials or services; or (vi) use the Service in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Service, or any content thereof, or make any unauthorized use thereof. You agree that you shall not sue the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service.
Proprietary Rights
The Service is the proprietary property of AloeWell Health and/or its third-party licensors, and is protected by U.S. and foreign copyright, trademark, and other intellectual property laws. Your use of the Service does not grant you ownership of any content, code, data or materials you may access on or through the Service or download from the Service.
MEDICAL DISCLAIMER
AloeWell Health ’s Service is designed to enable you to request and book certain medical services to be provided by a licensed medical professional.
These Terms apply to the Service. We may also present to you through your use of the Service any terms specific the use of a particular service (“Service-Specific Terms”). All Service-Specific Terms are incorporated into these Terms by reference. To the extent that these Terms conflict with the Service-Specific Terms, the Service-Specific Terms will control.
SERVICES
The Services provided by Practice are as follows and are customized depending on the service request:
House Calls – A personalized home or office visit with a medical provider.
Telemedicine – A personalized virtual visit with a medical provider.
Prescription Refills – Prescription refill requests (provider assessment if needed).
On-site corporate covid testings - Office or event covid testings on-site
PAYMENTS
By booking an appointment for AloeWell Health services through the Service, you agree to pay AloeWell Health the fee indicated for the booked service.
CANCELLATIONS
Cancellation of Services: WE REQUIRE AT LEAST 2-HOUR ADVANCED NOTICE OF CANCELLATION. Your deposit will not be refunded should you not provide a cancellation notice at least 2-hour advanced notice of cancellation. If you book your service less than 24-hours in advance, you may not cancel. Group appointments (parties of two (2) or more) follow the same parameters as single appointments and will be charged for all people booked unless you provide 24-hour advance notice of any cancellations. For example, if you book a service for six (6) people, but only four (4) are present for the service with no 24-hour advanced notice for the other two (2) patients, you will be charged for all six (6) services. For any groups of 4 and above, if you are confirmed with a nurse, date, and time, the cancellation will result in a $50 cancellation fee per individual.
Refunds and/or Credits.
In the event that the medical professional is unable to perform the booked services due to circumstances outside of the patient’s control or for reasons other than the patient’s medical condition or health, you will receive a full refund or credit.
Misrepresentations.
If, during the Booking Service process, you misrepresent yourself in any manner, including but not limited to, a misrepresentation of your age or medical history, AloeWell Health reserves the right to cancel your booked service without notice and charge you the full amount. If, at the time of your booked service, you are under the influence of drugs or alcohol, AloeWell Health will not perform the service and you will be charged the full amount.
MOBILE DEVICES
Third Parties.
You agree to comply with any applicable third party terms of agreement when using the Mobile Apps. You acknowledge and agree that the Device Providers, and their subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, the Device Providers will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third party beneficiary thereof. Apple® and iTunes® are registered trademarks of Apple Inc. Google Play® and Android®are registered trademarks of Google, Inc.
INDEMNIFICATION
You agree to release, indemnify, defend and hold harmless AloeWell Health , its parent, subsidiaries and affiliates and its and their shareholders, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable legal fees and costs (whether brought by third parties or otherwise) (collectively, “Claims”) due to or arising in any way from your use of the Service, your placement or transmission of any message, any content, or other information or materials through the Service, or your breach or violation of the law or of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.
DISCLAIMER OF WARRANTIES
WE PROVIDE THE SERVICE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. WE DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WORKMANLIKE EFFORT, ACCURACY, TITLE, AND NON-INFRINGEMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
Exclusion of Certain Liability
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE YOU ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AloeWell Health , OUR DIRECTORS, ADVISORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (ii) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE PROTECTED ENTITIES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE, EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
TERM AND TERMINATION
These Terms remain in full force and effect until they are terminated pursuant to the terms herein, however either party may terminate these Terms at any time without notice. Upon any termination or expiration, AloeWell Health will stop providing the Service to you.
INFORMATION
We do not warrant or guarantee the accuracy, completeness or timeliness of any information available via the Service. We do not authorize the use of information available via the Service for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes.
AVAILABILITY
Our goal is to provide a product with outstanding uptime and reliability. Planned downtime, intellectual property claims, and matters outside of our reasonable control are some of the circumstances that may lead to the Service being unavailable. Although we strive to operate without interruption, we do not guarantee that the Service will always be made available.
INFORMATION SECURITY
We have used commercially reasonable efforts to implement a variety of administrative, managerial, and technical security measures designed to protect your personal information from unauthorized use and disclosure. We cannot, however, guarantee security of the information contained in your User Account or otherwise collected by us and we cannot promise that such measures will prevent third-party “hackers” from illegally accessing the Service or its contents. We are not responsible or liable for any third-party access to or use of the information contained in your account or otherwise collected by us.
INTERNATIONAL VISITORS
We control and operate the Service from the United States of America. We do not represent that materials on the Service are appropriate or available for use in other locations. Persons who choose to access the Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY AND COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and ask our users, advertisers, licensors, and service providers to do the same. If you believe that your intellectual property is accessible on our Site in a way that constitutes infringement, please contact us at McKreithMD@aloewellhealth.com.
ELECTRONIC COMMUNICATIONS
The very nature of the Service provides communications by us and by electronic means (e.g., via email, text message). For purposes of forming a legally binding agreement, you consent to receive communications from us in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any applicable legal requirements, including that these be made in writing. You acknowledge that there is inherent risk in use of the Internet and that the information transmitted through the Internet in general is not confidential. We cannot and do not guarantee the privacy or protection of any electronic communications through the Internet.
REMEDIES FOR BREACH
If we determine, in our sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Site or App, we reserve the right to: (i) remove your name and information from our notification lists; (ii) notify and/or fully cooperate with the proper law enforcement authorities for further action; (iii) discontinue your ability to use the Service; and/or (iv) any other action which we deem to be appropriate.
If your ability to access the Services is discontinued by us due to your violation of any portion of the Terms or for conduct otherwise inappropriate, in our sole discretion, then you agree that you shall not attempt to re-register with or access the Services and/or any other product, content, or service provided by us, through use of a different name or otherwise.
The remedies contained in the Terms are not the exclusive remedies for your breach but will be in addition to all other remedies available to us by law or in equity.
OTHER TERMS
Assignment. You may not assign or otherwise transfer any rights, or delegate or otherwise transfer any of your obligations or performance, under these Terms, in each case whether voluntary, involuntary, by operation of law, or otherwise, without our prior written consent. Any purported assignment, delegation, or transfer in violation of this section is void. AloeWell Health may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without your consent. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
Entire Agreement. These Terms constitute the complete and entire agreement between you and AloeWell Health concerning its subject matter and supersedes all prior agreements and representations between the parties.
Interpretation. The use of the terms “includes,” “including,” “such as,” and similar terms, will be deemed not to limit what else may be included. The headings in these Terms are for reference only and do not affect the interpretation of these Terms.
No Waiver. A party’s failure to delay or enforce a provision under these Terms is not a waiver of its right to do so later.
Severability. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.
CONTACT US
If you have any questions concerning these Terms, please contact us at McKreithMD@aloewellhealth.com