BEGIN TO HEAL, LLC IS ONLY AN ONLINE TECHNOLOGY PLATFORM. WE ARE NOT A HEALTHCARE PROVIDER. WE DO NOT PROVIDE MEDICAL TREATMENT OF ANY KIND. WE DO NOT PROVIDE TRADITIONAL MEDICINE OR ANY ALTERNATIVE THERAPIES. WE DO NOT PROVIDE HEALTHCARE ADVICE. WE DO NOT REPRESENT ANY HEALTHCARE OR ALTERNATIVE MEDICINE PROVIDERS. ALL PRACTITIONERS ON OUR WEBSITE ARE INDEPENDENT THIRD PARTY PROVIDERS. WE MAKE NO PROFESSIONAL ENDORSEMENTS OF ANY PROVIDERS. OUR PLATFORM IS SIMPLY AN EXCHANGE IN WHICH USERS CAN SEEK ALTERNATIVES TO TRADITIONAL MEDICINE FROM INDEPENDENT PRACTITIONERS.
BEGIN TO HEAL, LLC – TERMS OF SERVICE
These Terms of Service, including the Booking Form which by this reference is incorporated herein (this "Agreement"), is a binding agreement between Begin to Heal, LLC ("Company") and the person or entity identified on the Booking Form as the person or entity requesting a service from our registered third-party practitioners ("Registered User") through the Company’s website [www.begintoheal.com] (the ("Website").
BY UTILIZING THIS WEBSITE AND/OR BY CLICKING THE "ACCEPT" BUTTON, YOU (A) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE 18 YEARS OF AGE OR OLDER; AND (II) IF THE REGISTERED USER IS A CORPORATION, GOVERNMENTAL ORGANIZATION OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE REGISTERED USER AND BIND THE REGISTERED USER TO ITS TERMS. IF THE REGISTERED USER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, THE COMPANY WILL NOT AND DOES NOT PROVIDE THE SERVICES AND YOU MUST NOT USE THE WEBSITE OR THE SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR THE REGISTERED USER'S ACCEPTANCE OF THIS AGREEMENT, THIS AGREEMENT EXPRESSLY EXCLUDES ANY RIGHT, CONCERNING SERVICES THAT THE REGISTERED USER DID NOT ACQUIRE LAWFULLY.
Services. The Website is a technology platform that enables users of the Company’s Website provided as part of the services to find holistic therapy service providers (the “Services”) and schedule and pay for services of such third-party providers of such services, under agreement with the Company (the “Third Party Providers”). YOU HEREBY ACKNOWLEDGE COMPANY IS NOT A MEDICAL PROVIDER OR ALTERNATIVE MEDICAL PROVIDER OR RELATED DERIVATIVE AND DOES NOT PROVIDE ANY MEDICAL ADVICE OR ALTERNATIVE MEDICAL ADVICE IN ANY WAY.
Third Party Materials. The Website may display, include or make available content from Third Party Providers (including products, services and/or materials, data, information, and applications) or other third-parties or provide links to websites of Third Party Providers and other third-parties, including through third-party advertising ("Third Party Materials"). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, or other similar mobile devices These third- party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary's terms of service.
Your Use of the Services
Term and Termination.
The term of Agreement commences when you register for an Account and will continue in effect until terminated by you or Company as set forth in this Section Error: Reference source not found.
You may terminate this Agreement by closing your Account.
Company may terminate this Agreement at any time without notice if it ceases to support the Website, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
all rights granted to you under this Agreement will also terminate; and
you must cease all use of the Website.
Termination will not limit any of Company's rights or remedies at law or in equity.
Disclaimer of Warranties. THE WEBSITE IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICES FOR:
PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES
DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE WEBSITE.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Website or your breach of this Agreement. Furthermore, you agree that Begin to Heal, LLC assumes no responsibility for the content you submit or make available through this Website.
Export Regulation. The Website may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Website to, or make the Website accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Website available outside the US.
US Government Rights. The Website is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Website as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver of Jury Trial. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in a legal proceeding out of or related to this agreement or the transactions contemplated hereby.
Attorney’s Fees. In the event that either Party brings an action arising out of relating to this Agreement or any related services, the prevailing party shall be entitled to any and all legal fees including attorney’s fees and expenses.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.