• AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and GoVirtual365 inc, doing business as GoVirtual365 (“GoVirtual365,” “we,” “us,” or “our”), concerning your access to and use of the GoVirtual365.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in California, United States and have our registered office at 16201 Scientific Suite 300, Irvine, CA 92618. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written
permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By accessing or using the Site, you represent and warrant that:

  1. All registration information you provide will be true, accurate, current, and complete;

  2. You will maintain the accuracy of such information and promptly update it as necessary;

  3. You have the legal capacity to enter into and be bound by these Terms of Use, and you agree to comply with them;

  4. You are not a minor in the jurisdiction in which you reside, or, if you are a minor, you have obtained the appropriate parental or guardian consent to use the Site;

  5. You will not access the Site through automated or non-human means, including but not limited to bots, scripts, or other similar methods;

  6. You will not use the Site for any unlawful or unauthorized purpose; and

  7. Your use of the Site does not and will not violate any applicable laws, regulations, or third-party rights.

Should any information you provide be found to be false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any and all current or future access to the Site (or any portion thereof), at our sole discretion.

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

APPOINTMENT REMINDER & CONFIRMATION TEXTS

Our program provides appointment reminder and confirmation texts to users who opt-in. Users can expect to receive messages reminding them of upcoming appointments and allowing them to confirm their attendance.

Messaging frequency may vary. Message and data rates may apply.

You can cancel the SMS service at any time. Simply text “STOP” to the shortcode. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

For assistance, text HELP or visit our website at https://govirtual365.com.

If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to info@GoVirtual365.com.

Carriers are not liable for delayed or undelivered messages.

Visit [Privacy Policy URL] for privacy policy.

As always, message and data rates may apply for messages sent to you from us and to us from you. You will receive appointment reminder and confirmation texts. For questions about your text plan or data plan, contact your wireless provider.

For privacy-related inquiries, please refer to our privacy policy: https://GoVirtual365.com/privacy-policy.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. Use the Site in a manner inconsistent with any applicable laws or regulations.
  8. Engage in unauthorized framing of or linking to the Site.
  9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  11. Delete the copyright or other proprietary rights notice from any Content.
  12. Attempt to impersonate another user or person or use the username of another user.
  13. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  14. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  17. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  20. Use a buying agent or purchasing agent to make purchases on the Site.
  21. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  22. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  23. Use the Site to advertise or offer to sell goods and services.
  24. Sell or otherwise transfer your profile.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
    2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
    3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
    4. Your Contributions are not false, inaccurate, or misleading.
    5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
    6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
    7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
    8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
    9. Your Contributions do not violate any applicable law, regulation, or rule.
    10. Your Contributions do not violate the privacy or publicity rights of any third party.
    11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
    12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
    13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.  

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

The Site may include designated areas for users to post reviews or ratings. By submitting a review, you agree to comply with the following guidelines:

  1. You must have direct, first-hand experience with the individual, product, or entity being reviewed.

  2. Reviews must not contain profanity, abusive language, hate speech, or any offensive, obscene, or inappropriate content.

  3. Reviews must not include discriminatory remarks based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.

  4. Reviews must not reference or promote illegal activity.

  5. You must not be affiliated with a competitor when posting negative reviews.

  6. You must refrain from making legal conclusions regarding the conduct or practices of others.

  7. Reviews must be truthful and must not contain any false, misleading, or deceptive statements.

  8. You may not organize or participate in campaigns encouraging others to post coordinated reviews, whether positive or negative.

We reserve the right, at our sole discretion, to accept, reject, or remove any review for any reason. We are under no obligation to screen or monitor reviews and are not required to remove reviews that may be deemed objectionable or inaccurate by others.

Reviews reflect the views and opinions of the individual authors only and do not represent our views, the views of our affiliates, or any of our partners. We disclaim all liability associated with any review, including any claims, losses, or damages arising from the content of a review.

By posting a review on the Site, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable license to use, reproduce, modify, translate, transmit, display, perform, and/or distribute the review content in any format and through any media channels

MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, you are granted a revocable, non-exclusive, non-transferable, limited right to:

  1. Install and use the mobile application on wireless electronic devices owned or controlled by you.

  2. Access and use the mobile application strictly in accordance with the terms and conditions of this mobile application license.

You shall not:

  1. Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application.

  2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.

  3. Violate any applicable laws, rules, or regulations in connection with your access or use of the application.

  4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application.

  5. Use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.

  6. Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time.

  7. Use the application for creating a product, service, or software that is directly or indirectly competitive with or in any way a substitute for the application.

  8. Use the application to send automated queries to any website or to send any unsolicited commercial e-mail.

  9. Use any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from the Apple App Store or Google Play (each referred to as an “App Distributor”) to access the Site:

  1. The license granted to you is limited to a non-transferable license to use the application on a device running Apple iOS or Android, as applicable, and in accordance with the usage rules set by the respective App Distributor’s terms of service.

  2. We (the application provider) are responsible for providing any required maintenance and support services as outlined in these Terms of Use or as required by applicable law. You acknowledge that App Distributors have no obligation to provide maintenance or support for the mobile application.

  3. In the event the mobile application fails to meet any applicable warranty:

    • You may notify the App Distributor.

    • The App Distributor may refund the purchase price (if any), in accordance with its terms and policies.

    • To the maximum extent permitted by law, the App Distributor has no further warranty obligations regarding the mobile application.

  4. You represent and warrant that:

    • (i) You are not located in a country subject to a U.S. government embargo, or designated by the U.S. government as a “terrorist-supporting” country.

    • (ii) You are not listed on any U.S. government list of prohibited or restricted parties.

  5. You agree to comply with all applicable third-party terms of agreement when using the mobile application.
    Example: If you are using a VoIP application, you must not violate your wireless data service agreement.

  6. You acknowledge and agree that App Distributors are third-party beneficiaries of this mobile application license.

    • Each App Distributor has the right to enforce these terms against you as a third-party beneficiary of this license agreement.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITE AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but are not obligated, to take any of the following actions at our sole discretion:

  1. Monitor the Site for violations of these Terms of Use;

  2. Take appropriate legal action against any user who, in our sole judgment, violates applicable laws or these Terms of Use, including, without limitation, reporting such conduct to law enforcement authorities;

  3. Refuse access to, restrict availability of, limit, or disable (to the extent technologically feasible) any of your Contributions, or any portion thereof, without prior notice and without liability, if we determine such content to be inappropriate or in violation of these Terms;

  4. Remove or disable any files or content from the Site that, in our judgment, are excessively large or otherwise place an undue burden on our technical infrastructure, without notice and without liability;

  5. Otherwise manage the Site in a manner intended to safeguard our rights and property and to ensure the proper operation and integrity of the Site.

These rights are exercised at our discretion and without any obligation to take such actions. We do not guarantee monitoring or enforcement, and failure to act in one instance does not waive our right to act in future instances.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://GoVirtual365.com/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

GoVirtual365 Appointment Reminder & Confirmation Texts

Our program provides appointment reminder and confirmation texts to users who opt-in. Users can expect to receive messages reminding them of upcoming appointments and allowing them to confirm their attendance.

You can cancel the SMS service at any time. Simply text “STOP” to the shortcode. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to info@GoVirtual365.com.

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for messages sent to you from us and to us from you. You will receive appointment reminder and confirmation texts. For questions about your text plan or data plan, contact your wireless provider.

For privacy-related inquiries, please refer to our privacy policy: https://GoVirtual365.com/privacy-policy.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to
the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

TERM AND TERMINATION

These Terms of Use shall remain in effect for as long as you access or use the Site.

Without limiting any other provision of these Terms, we reserve the right, in our sole discretion and without prior notice or liability, to deny access to and use of the Site (including by blocking specific IP addresses) to any person, for any reason or for no reason at all. This includes, without limitation, instances where a user has violated any representation, warranty, or covenant outlined in these Terms of Use, or any applicable law or regulation.

We may suspend or terminate your use of the Site, or delete your account and any content or information associated with your use, at any time and for any reason, at our sole discretion, without warning.

If your account is terminated or suspended for any reason, you are strictly prohibited from creating a new account under your own name, a fictitious or borrowed name, or the name of any third party—even if you are acting on behalf of that third party.

In addition to suspending or terminating your access, we reserve the right to pursue any legal remedy deemed appropriate, including but not limited to civil, criminal, and injunctive relief.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.  

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in USA, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

The website and its associated services are provided on an “as-is” and “as-available” basis. By accessing and using this site, you acknowledge and agree that your use of the site and its services is solely at your own risk. To the fullest extent permitted by applicable law, we expressly disclaim all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant or represent the accuracy, reliability, or completeness of the content on this site or the content of any external websites linked to or from this site. We assume no liability or responsibility for:

  1. Any errors, inaccuracies, or omissions in the content and materials;

  2. Personal injury or property damage of any kind resulting from your access to or use of the site;

  3. Unauthorized access to or use of our secure servers and/or any personal or financial information stored therein;

  4. Any interruption, delay, or cessation of transmission to or from the site;

  5. Any bugs, viruses, trojan horses, or other malicious code that may be transmitted to or through the site by any third party; and

  6. Any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any linked website, or any website or mobile application featured in any banner or other advertising. Furthermore, we are not a party to, nor will we be responsible for, monitoring any transaction between you and any third-party provider of products or services. As with any purchase of a product or service in any environment, you are advised to use your best judgment and exercise caution.

LIMITATIONS OF LIABILITY

To the maximum extent permitted by law, under no circumstances shall we, our directors, employees, or agents be liable to you or any third party for any direct, indirect, incidental, consequential, exemplary, special, or punitive damages, including but not limited to loss of profit, loss of revenue, loss of data, or other damages arising out of or relating to your use of the site, even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, our total liability to you for any claim or cause of action, regardless of its form, shall at all times be limited to the amount, if any, paid by you to us in the six (6) months preceding the event giving rise to the claim.

Please note that certain state or international laws may not allow limitations on implied warranties or the exclusion or limitation of certain types of damages. If such laws apply to you, some or all of the foregoing disclaimers and limitations may not apply, and you may have additional rights under applicable law.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, including its subsidiaries, affiliates, and all respective officers, directors, agents, partners, and employees, from and against any and all claims, demands, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or relating to:

  1. Your submitted content, postings, or contributions to the Site;

  2. Your use or misuse of the Site and its services;

  3. Your breach of these Terms of Use;

  4. Your violation of any representation, warranty, or obligation under these Terms;

  5. Your infringement or violation of any third party’s rights, including but not limited to intellectual property or privacy rights; or

  6. Any intentional misconduct or harmful act committed by you toward another user of the Site with whom you have interacted through the platform.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to fully cooperate, at your own expense, with our defense of any such claims. We will make reasonable efforts to notify you promptly upon becoming aware of any claim, action, or proceeding that may be subject to this indemnification obligation.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By visiting the Site, sending us emails, or submitting online forms, you are engaging in electronic communications. You hereby consent to receive such communications electronically and agree that all agreements, notices, disclosures, and other communications that we provide to you via email or through the Site satisfy any legal requirement that such communications be in writing.

You further agree to the use of electronic signatures, electronic contracts, electronic orders, and other electronic records, as well as to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Site.

To the fullest extent permitted by applicable law, you waive any rights or requirements under any statute, regulation, rule, ordinance, or other law in any jurisdiction that require an original signature, the delivery or retention of non-electronic records, or payments or credits to be made by means other than electronic methods.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

SMS Consent Communication

  1. Information Usage
    The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

  2. Types of SMS Communications
    If you have consented to receive text messages from [Company Name], you may receive messages related to the following (provide specific examples):

    • Appointment reminders

    • Follow-up messages

    • Billing inquiries

    • Promotions or offers (if applicable)
      {If you see the customer selected a conversational use case, do not add this reference to your email thread, instead, make sure the customer adds the matching use cases to this portion of the Terms info}.
      Example: “Hello, this is a friendly reminder of your upcoming appointment with Dr. [Name] at [Location] on [Date] at [Time]. You can reply STOP to opt out of SMS messaging from (Brand Name) at any time.”

  1. Message Frequency
    Message frequency may vary depending on the type of communication. For example, you may receive up to [X] SMS messages per week related to your [appointments/billing, etc.].
    Example:
    “Message frequency may vary. You may receive up to 2 SMS messages per week regarding your appointments or account status.”

  2. Potential Fees for SMS Messaging
    Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.

  3. Opt-In Method
    You may opt-in to receive SMS messages from [Company Name] in the following ways (This is an example. Please include the method used.):

      • Verbally, during a conversation

      • By submitting an online form

      • By filling out a paper form

  1. Opt-Out Method
    You can opt out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.

  2. Help
    If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at (insert the link)

    Additional Options : If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.

  1. Standard Messaging Disclosures

      • Message and data rates may apply.

      • You can opt out at any time by texting “STOP.”

      • For assistance, text “HELP” or visit our [Privacy Policy] and [Terms and Conditions] pages.

      • Message frequency may vary.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.