Binding Arbitration and Class Action Waiver:
This Terms of Use Agreement (“Agreement”) contains a binding arbitration provision and a class action waiver, which impact your legal rights. Please read them carefully.
Trademark Usage:
This Agreement was last updated on 01/24/2004.
Scope and Acceptance:
This Agreement governs your use of the Wellness Docs, LLC website [insert website URL] (the “Website”), the Wellness Docs Mobile Application (the “Mobile Application”), and any other applications or services offered by Wellness Docs, LLC (collectively, the Applications”). The Agreement applies to all users of the Website and/or Applications, covering all content, information, and services provided.
By accessing or using the Website and/or Applications, you agree to be bound by this Agreement. If you do not agree, you should not use the Website or Applications.
Legal Binding Terms:
By using the Website, Applications, and/or any services offered (the “Services”), you confirm that:
You have read, understood, and agree to this Agreement.
You are at least 18 years old.
You have the authority to enter into this Agreement.
If you are not at least 18 years old, you are prohibited from using the Website, Applications, and
Services. Your continued use of the Website, Applications, and Services constitutes acceptance
of this Agreement, including any changes or modifications made by Wellness Docs, LLC.
Additional Terms:
Some features of the Website and/or Applications may have additional terms, which will be provided in connection with those features. These additional terms are incorporated into this Agreement by reference. In case of conflict, the additional terms will prevail for those specific features or services.
Governing Wellness Agreements:
If you have entered into a Wellness Agreement with Wellness Docs, LLC, your use of the Website, Applications, and Services is also governed by the terms of that agreement.
Changes to the Agreement:
Wellness Docs, LLC reserves the right to modify, alter, or update this Agreement at any time without prior notice. Changes will be effective immediately upon posting. Your continued use after such changes constitutes acceptance of the new terms.
Independence from Wellness Agreements:
Wellness Docs, LLC and its affiliates, subsidiaries, officers, directors, agents, and employees are not parties to individual Wellness Agreements entered into with clients. We are not responsible for any acts or omissions related to your use of the Website, Applications, or
Services.
Acknowledgement and Acceptance:
Your continued use of the Website, Applications, and Services signifies your acceptance of this Agreement and any modifications. This Agreement can only be amended as outlined in this section.
Through our Website and Mobile Application, Wellness Docs, LLC offers a range of services and features to enhance your wellness experience. Our services include, but are not limited to:
Information About Our Services:
Detailed insights into the wellness services offered at Wellness Docs, LLC, such as health consultations, wellness programs, and various therapeutic sessions.
Appointment Management:
The ability to schedule, modify, and cancel appointments with Wellness Docs, LLC.
Information and Form Submission:
Facilities to provide information and complete forms related to our wellness services.
Wellness Agreements:
Options to enter into and utilize the benefits of any Wellness Agreement you may have with Wellness Docs, LLC.
Gift Cards:
Purchase and redemption of Wellness Docs, LLC gift cards.
Service Purchase as a Guest:
Options for non-members to purchase wellness sessions and products.
Location Information:
Tools to view details about and locate Wellness Docs, LLC facilities near you.
Franchise Information:
Access to request information about Wellness Docs, LLC franchise opportunities.
Customer Feedback:
Opportunities to complete customer satisfaction surveys to help us improve our services.
Employment Opportunities:
Information about career opportunities with Wellness Docs, LLC, including job openings and application submissions.
Equipment and Internet Access:
You are responsible for providing all necessary equipment to access our Website and Mobile Application. This includes a computer or mobile device, Internet access, and any other required technology.
Associated Costs:
You are responsible for any fees associated with Internet access or equipment required to use our services. We strive to offer a comprehensive and user-friendly online experience, helping you easily navigate and utilize our services for your wellness journey.
Acknowledgment of Risk:
You expressly acknowledge and agree that your use of the Wellness Docs, LLC Website, Mobile Application(s), any content or information contained therein, and any services offered (collectively, the “Services”) is at your sole risk.
As-Is and As-Available Basis:
To the maximum extent permitted by applicable law, the Services provided by Wellness Docs, LLC are offered on an “AS IS” and “AS AVAILABLE” basis. This means that the Services, including the Website and Applications, are provided with all faults and without any kind of warranty, either expressed, implied, or statutory.
No Warranties Provided:
Wellness Docs, LLC hereby disclaims all warranties and conditions with respect to the Services, whether express, implied, or statutory, including, but not limited to:
Implied warranties or conditions of merchantability.
Satisfactory quality.
Fitness for a particular purpose.
Accuracy.
Quiet enjoyment.
Non-infringement of third-party rights.
No Guarantee of Uninterrupted Service:
Wellness Docs, LLC does not warrant that the Services will meet your requirements, that the operation will be uninterrupted or error-free, or that any defects in the Services will be corrected.
No Creation of Warranty:
No oral or written information or advice provided by Wellness Docs, LLC, its authorized representatives, or employees will create a warranty or in any way increase the scope of any warranty provided herein.
Limitation of Liability:
The foregoing exclusions of implied warranties shall survive any termination or expiration of this Agreement or your use of the Services. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Understanding of Risks:
By using the Services provided by Wellness Docs, LLC, you understand and agree that, to the maximum extent permitted by law, Wellness Docs, LLC shall not be liable for any direct, indirect, special, consequential, punitive, or incidental damages of any kind.
Scope of Limitations:
These limitations apply to damages arising from:
The use of or inability to use the Website, Applications, or any information contained therein.
Any service provided by Wellness Docs, LLC.
The occurrence of any errors, omissions, interruptions, deletion of files, defects, viruses, delays in operation or transmission, or any failure of performance.
Loss of profits, revenue, data, or use, incurred by you or any third party, whether in an action in contract, warranty, negligence, tort, under statute, in equity, at law, or otherwise.
Noted Exceptions:
Wellness Docs, LLC's liability will be limited to the greatest extent permitted by law. However, some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. As such, some of the above limitations may not be applicable to you.
Informed Acknowledgment:
You acknowledge that Wellness Docs, LLC has set its prices and entered into this Agreement in reliance upon the limitations of liability specified herein, which allocate the risk between you and Wellness Docs, LLC and form a basis of the bargain between the parties.
Agreement to Indemnify:
As a user of Wellness Docs, LLC's Services, which include the Website, Mobile Application(s), and any other offerings (collectively referred to as the 'Services', you agree to indemnify,defend, and hold harmless Wellness Docs, LLC and its affiliates, officers, agents, employees, partners, and licensors (collectively, 'Wellness Docs Entities from and against any claims, demands, liabilities, damages, losses, and expenses, including without limitation reasonable legal fees and costs, arising out of or in any way connected with:
Your use of the Services or any information or content provided on them.
Any service provided by Any service or product you obtain through the Services. Docs, LLC.
Your violation of this Agreement.
Your use of equipment or software in connection with the Services.
Any infringement, or alleged infringement, of intellectual property or other rights of any person or entity by you.
Scope and Duration of Indemnification:
This indemnification obligation will survive the termination or expiration of this Agreement and your use of the Services. It covers any legal action brought against the Wellness Docs Entities that is related to your actions or use of the Services.
Responsibility for Legal Claims:
You will be responsible for any costs incurred by the Wellness Docs Entities in connection with settlements, and judgments awarded against the Wellness Docs Entities.
Please Read Carefully – This Affects Your Legal Rights:
Last Updated: 01/24/2024
Purpose:
This Binding Individual Arbitration Section governs all Disputes between you and Wellness Docs, LLC. The term "Disputes" shall be interpreted broadly and includes any dispute, claim, or controversy arising from or related to your use of the Wellness Docs, LLC Website, Mobile Application(s), services, content, products, or this Agreement, whether based in contract, statute, regulation, ordinance, tort, or any other legal or equitable theory. This includes Disputes rising before this Agreement.
Exclusions from Arbitration:
The only exceptions to this section are:
Claims regarding the infringement, protection, or validity of your or Wellness Docs, LLC’s intellectual property rights.
Claims pursued in small claims court in Ohio, where jurisdiction and venue are appropriate, and the claim does not include a request for equitable relief.
Opt-Out of Binding Arbitration and Class Action Waiver:
You have the right to opt-out of this arbitration provision within 30 days by sending a written notice to support@wellnessdocs.com or to Wellness Docs, LLC, 11123 Montgomery Rd #105, Cincinnati, Ohio 45249. Your notice must include your name, address, and a clear statement of your decision to opt-out of arbitration. If you opt-out, this arbitration provision will not apply to either party.
Notice of Dispute:
Before arbitration, you must first send a written notice of the dispute to support@wellnessdocs.com, allowing Wellness Docs, LLC the opportunity for informal resolution through negotiation for at least 60 days.
Class Action Waiver:
Disputes will be resolved on an individual basis only. You agree not to engage in any class, consolidated, representative, or private attorney general action regarding a Dispute. If this waiver is deemed unenforceable, then this entire arbitration provision shall be null and void.
Initiation of Arbitration/Selection of Arbitrator:
Disputes shall be resolved through arbitration initiated with JAMS (http://www.jamsadr.com). The terms of this Section prevail over any conflicting JAMS rules.
Arbitration Procedures:
The Federal Arbitration Act governs the arbitrability of all Disputes. Arbitration will be conducted by a single arbitrator, and the procedure will depend on the claim amount, governed by JAMS
Costs of Arbitration:
For claims under $75,000, Wellness Docs, LLC will bear arbitration costs unless the claim is deemed frivolous. For claims over $75,000, JAMS rules on filing and arbitration fees apply. The arbitrator's decision will be final and binding.
Confidentiality:
Arbitration proceedings shall remain confidential, except as required for enforcement or by law.
Location of Arbitration:
Arbitration may be initiated in Ohio, preferably in or near Cincinnati, unless agreed otherwise.
Severability and Continuation:
If any part of this Section is found unenforceable, the remainder will remain in effect. This Section survives any termination of this Agreement or cessation of services.
Choice of Law:
This Agreement and any disputes arising out of or related to the services provided by Wellness Docs, LLC shall be governed and construed in accordance with the laws of the State of Ohio, without giving effect to its conflict of law principles.
Jurisdiction:
In the event of any dispute not subject to the aforementioned binding arbitration agreement, or where arbitration is deemed unenforceable or inapplicable, both parties agree that any litigation shall be filed and conducted exclusively in the state or federal courts located in Ohio, and in particular:
In the state courts located in Hamilton County, Ohio. Or, where federal jurisdiction is established, in the United States District Court for the Southern District of Ohio.
Exclusive Venue:
Both parties agree that these courts shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of this Agreement or any other document entered into by the parties.
Consent to Jurisdiction:
By agreeing to these terms, you waive any objection to jurisdiction and venue in these courts, including any claim that such litigation has been brought in an inconvenient forum.
Right to Modify or Discontinue Services:
Wellness Docs, LLC reserves the right to modify, update, suspend, or discontinue the Website, Mobile Application(s), and/or any of our Services at any time, with or without prior notice to you. This may include adjustments to features, functionality, or content offered through our digital platforms.
No Liability for Changes:
Wellness Docs, LLC shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website, Mobile Application(s), or Services. Your continued use of the Website and Mobile Application(s) following any changes signifies your acceptance of these changes.
Acknowledgment of Potential Interruptions:
You acknowledge and agree that:
Access to our Website and Mobile Application(s) may not be continuous, uninterrupted, timely, or secure.
Such interruptions may result from factors beyond our control, including but not limited to technical malfunctions, maintenance, server downtimes, and external factors impacting nternet connectivity or functionality.
User Responsibility:
It is your responsibility to ensure that you have the appropriate technology and internet access to use Wellness Docs, LLC’s Website and Mobile Application(s) effectively. We recommend regularly checking our Website or Mobile Application(s) for updates and changes.
The Website and/or the Application(s) may include links to other mobile applications and sites in the Internet that are owned and operated by online merchants and other third parties. You acknowledge that the ME Entities are not responsible for the accuracy or availability of, or the content located on or through, any third-party mobile application or site. Links to such mobile applications and sites do not imply any endorsement, ownership, control, authorization or sponsorship by MEF, LLC of such mobile applications or sites, or the content, products, or services available from such mobile applications or sites. You acknowledge sole responsibility for and assume all risk arising from your use of any such mobile application or site. By using the Website and/or the Application(s), you expressly release the ME Entities from any and all liability arising from your use of any third-party mobile application or site. You should contact the provider, administrator or webmaster for those third-party mobile applications and sites if you have any concerns regarding such links or the content located on such mobile applications and/or sites. Your use of those third-party mobile applications and sites is subject to the terms of use and privacy policies of each mobile application and site, and we are not responsible therein. We encourage you to review said privacy policies of any third-parties’ mobile applications and sites.
GOOGLE MAPS/GOOGLE EARTH
If you utilize Google Maps/Google Earth in connection with the Website, the Application, and/or any Service, you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy). ChatGPT
Here's a revised Third-Party Sites, Mobile Applications, and Information section for Wellness Docs, LLC:
Third-Party Sites, Mobile Applications, and Information
Access to Third-Party Resources:
The Wellness Docs, LLC Website and Mobile Application(s) may provide links to third-party mobile applications and websites. These external resources are owned and operated by independent merchants and other entities not affiliated with Wellness Docs, LLC.
Disclaimer of Responsibility:
You acknowledge that Wellness Docs, LLC is not responsible for the availability, accuracy, content, or practices of any third-party mobile applications or websites. Inclusion of links to these resources does not imply endorsement, ownership, authorization, or sponsorship by Wellness Docs, LLC.
User Responsibility and Risk Assumption:
When accessing third-party resources, you do so at your own risk and are solely responsible for:
Making informed decisions about the use of these sites and applications.
Any consequences arising from your interaction with third-party resources.
Release of Liability:
By using the Wellness Docs, LLC Website and Mobile Application(s), you expressly release Wellness Docs, LLC from any liability arising from your use of any third-party mobile application or website.
Concerns with Third-Party Resources:
For any concerns regarding external links or the content located on third-party resources, please contact the relevant administrator or webmaster directly.
Third-Party Terms and Privacy Policies:
Your use of third-party sites and applications is subject to their respective terms of use and privacy policies. Wellness Docs, LLC strongly encourages you to review these policies to understand your rights and obligations.
Google Maps/Google Earth:
If Google Maps/Google Earth functionalities are utilized in connection with the Wellness Docs, LLC Website or Mobile Application(s), you agree to be bound by the Google Maps/Google Earth Additional Terms of Service, including the Google Privacy Policy.
Consent to Receive Text Messages:
By opting in to receive SMS messaging, you agree that Wellness Docs, LLC and its affiliates may communicate with you via SMS text messages or other means to your mobile device (referred to as “Text Services”). You expressly acknowledge that these texts may be sent using an automatic telephone dialing system (ATDS) or an autodialer that can select and dial telephone numbers.
Information Sharing and Use:
Wellness Docs, LLC may share information you provide through text messages, email, or other electronic means with its affiliates and use such information to communicate with you about theText Services and other related matters. All information will be handled in accordance with the Wellness Docs, LLC Privacy Policy, which can be found at [Your Website’s Privacy Policy URL].
Opting In and Out:
You can opt-in to receive texts by responding “Y” to a confirmation text message from a Wellness Docs, LLC phone number. You will receive recurring messages from Wellness Docs, LLC’s shortcode or a phone number associated with our brand. If you change or deactivate your mobile number, you agree to update your account information promptly. To opt out of Text Services, text “STOP” to any Wellness Docs, LLC text message. Upon opting out, you will receive one final message confirming the cessation of texts. Wellness Docs, LLC does not charge for Text Services, but message and data rates may apply according to your mobile plan.
Carrier Charges and Responsibilities:
We assume no responsibility for charges incurred by your use of the Text Services. It is your responsibility to be aware of any message and data rates that may apply from your mobile carrier.
Availability and Compatibility:
The Text Services may not be available in all areas and may not be successfully transmitted at all times, for which Wellness Docs, LLC holds no liability. The functionality of Text Services may be affected by changes made by your wireless carrier or changes to your mobile device. To use ext Services, you must have a compatible wireless device and subscribe to a service with a participating mobile carrier.
Compatible Carriers:
Include a list of compatible carriers here (e.g., AT&T, Spectrum Mobile, Verizon Wireless, T- Mobile®, Sprint, Boost, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications,
EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, Cellsouth, Cricket, Cincinnati Bell and Virgin Mobile).
Assistance and Consent:
For assistance with text messages, contact support@wellnessdocs.com Consent to receive Text Services is not a condition for purchasing any goods or services from Wellness Docs, LLC.
Responsibility for Account Confidentiality:
You are solely responsible for maintaining the confidentiality and security of your account and password. It is crucial not to share your password or account details with anyone.
Gift Card Purchases:
For purchasing gift cards on the Wellness Docs, LLC Website, you will be required to provide your credit card details. It is important to ensure that these details are kept up-to-date and accurate.
Appointment Reservations via Mobile Application:
To reserve appointments through the Wellness Docs, LLC Mobile Application, you may need to enter your credit card information. This information is used solely for the purpose of reserving your appointment. Wellness Docs, LLC takes appropriate measures to secure your credit card information but does not store these details permanently.
Payment at Wellness Docs, LLC Locations:
Payments for services received at Wellness Docs, LLC locations are processed at the time of your appointment. By scheduling an appointment, you agree to our Cancellation Policy (which can be found at www.wellnessdocs.com/cancelation-policy.
In-Clinic Payments:
Any credit card payments made in-store are processed securely. Wellness Docs, LLC employs commercially reasonable encryption methods to ensure the secure handling of your credit card information.
Accuracy and Authorization:
By providing your credit card information, you affirm that the information is accurate and that you are authorized to use the specified credit card.
Source of Information:
The information pertaining to the services, hours of operation, and other specifics of Wellness Docs, LLC's various locations is provided by the respective independently owned and operated Wellness Docs, LLC locations, or is collected from publicly available sources.
Commitment to Accuracy:
Wellness Docs, LLC endeavors to ensure that the information presented on our Website and Mobile Application(s) is accurate and up-to-date. However, we cannot guarantee the reliability, accuracy, or completeness of this information at all times.
No Warranties on Information:
Wellness Docs, LLC expressly disclaims any representations or warranties, express or implied, as to the accuracy, reliability, or completeness of any information related to its franchised locations as displayed on the Website and Mobile Application(s).
User Responsibility:
Users are encouraged to verify the details regarding Wellness Docs, LLC locations, including services offered and operational hours, directly with the relevant location to ensure accuracy.
User Responsibility:
As a user of the Wellness Docs, LLC Website and Mobile Application(s), you are responsible for understanding and adhering to all applicable laws, regulations, and government requirements. Your use of our Website, Mobile Application(s), and any Services must comply with relevant ocal, state, federal, and international legal standards.
Prohibited Uses:
You are expressly prohibited from using the Wellness Docs, LLC Website and Mobile Application(s) for any activities that:
Violate any state, federal, or international laws and regulations.
Encourage or facilitate criminal offenses or civil liabilities.
Contravene any applicable local, state, national, or international laws or regulations.
Ensuring Lawful Behavior:
It is your duty to ensure that your conduct on the Wellness Docs, LLC platform does not include the transmission or sharing of any material or content that:
Promotes illegal activities or conduct.
Is in violation of any laws or regulatory requirements.
Liability for Non-Compliance:
Failure to comply with these legal obligations may result in civil or criminal penalties. Wellness Docs, LLC assumes no liability for any unlawful use of its Website, Mobile Application(s), or Services by any user.
Ownership of Content and Intellectual Property:
All content available on the Wellness Docs, LLC Website and Mobile Application(s), including but not limited to design, text, graphics, interfaces, and the selection and arrangements thereof, is © 2024 Wellness Docs, LLC, all rights reserved, or is the property of Wellness Docs, LLC and/or third parties protected by intellectual property rights.
Prohibited Uses:
Any use of materials on the Wellness Docs, LLC Website and Mobile Application(s) other than as expressly permitted, including reproduction, modification, distribution, replication, any form of data extraction or mining, or other commercial exploitation of any kind, is strictly prohibited without prior written permission from an authorized officer of Wellness Docs, LLC. You are alsoprohibited from using any automatic or manual device or process to monitor, copy, or extract content from the Website and Mobile Application(s) without our prior written consent.
Wellness Docs, LLC Trademarks:
The Wellness Docs, LLC name, logo, Website, and Mobile Application(s) names are proprietary marks of Wellness Docs, LLC. These trademarks and related proprietary property are protected by national and international intellectual property laws and may not be used in connection with any product or service not affiliated with Wellness Docs, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wellness Docs, LLC.
Third-Party Trademarks:
Any third-party trademarks that appear on the Wellness Docs, LLC Website and Mobile Application(s) are the property of their respective owners. These trademarks are used only for identification purposes and do not imply endorsement or affiliation with Wellness Docs, LLC.
DMCA Compliance:
In accordance with Section 512(c) of the Copyright Revision Act, as codified by the Digital Millennium Copyright Act, Wellness Docs, LLC has designated an agent to receive notifications of alleged copyright infringement.
Designated Agent for DMCA Notices:
For Wellness Docs, LLC, any claims of copyright infringement should be directed to the
designated agent:
Wellness Docs, LLC
Attn: Management
Contact Information:
By Mail: 11123 Montgomery Rd #105, Cincinnati, Ohio 45249
By Email: support@wellnessdocs.com
Inclusivity and Usability:
Wellness Docs, LLC is dedicated to ensuring accessibility and ease of use of its Website and Mobile Application(s) for all individuals, including those with disabilities. Our commitment to inclusivity is a fundamental aspect of our service philosophy.
Compliance with Web Content Accessibility Guidelines:
We have developed the Website and Mobile Application(s) to be in line with the Web Content Accessibility Guidelines 2.0 Level AA (WCAG 2.0 AA) set forth by the World Wide WebConsortium. These guidelines are a globally recognized standard for web content accessibility.
You can learn more about WCAG 2.0 AA here: WCAG 2.0 AA.
Feedback and Contact for Accessibility Issues:
Your feedback is crucial in helping us maintain our commitment to accessibility. If you have specific questions, concerns, or comments about the accessibility of our Website and Mobile Application(s), or if you encounter any barriers to access, please reach out to us at:
Email: suport@wellnessdocs.com
Mailing Address: 11123 Montgomery Rd #105, Cincinnati, Ohio 45249
We are continually striving to improve our digital platforms to make them more accessible and user-friendly for everyone.
Entire Agreement:
This Agreement represents the complete and exclusive understanding and agreement between you and Wellness Docs, LLC regarding your use of our Website, Mobile Application(s), and any Services provided. It supersedes and replaces any prior agreements or understandings, whether oral or written, between you and Wellness Docs, LLC concerning these subjects.
Severability:
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Assignment:
Wellness Docs, LLC reserves the right, at its sole discretion, to assign this Agreement, in whole or in part, in the event of a merger, acquisition, or sale of all or a portion of its assets.
Relationship to Other Agreements:
Wellness This Agreement operates in addition to, and not as a replacement for, any other agreements or contracts between you and Wellness Docs, LLC related to your use of our services. However, in the event of any conflict between this Agreement and any other written agreement between you and Wellness Docs, LLC, the terms of the other agreement shall prevail., LLC reserves the right, at its sole discretion, to assign this Agreement, in whole or in part, in the event of a merger, acquisition, or sale of all or a portion of its assets.
Consent and Privacy Policy:
By using the Website, Mobile Application(s), and Services, you consent to the terms of this Agreement and acknowledge the Privacy Policy of Wellness Docs, LLC, which can be found at www.wellnessdocs.com/privacy-policy. The Privacy Policy describes the collection, use, and disclosure of your personal information and the privacy practices of Wellness Docs, LLC.
Independent Agreements:
Your use of Wellness Docs, LLC’s Website, Mobile Application(s), and Services also acknowledges that any specific agreements you may enter into with Wellness Docs, LLC, such as service agreements or wellness contracts, are independent of this Agreement.