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Terms & Conditions

Last Modified: October 14, 2023

Welcome to Equal Health! We are thrilled that you are here and can’t wait to get to know you. Below are some Terms of Use for our Website. Please read them carefully before you get started and be sure to revisit this page to check for any changes and updates each time you use our Website. Please let us know if you have any questions by contacting us at info@getequalhealth.com.

 

Our Website is not intended for emergency care. IF YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE DISCONTINUE USE AND IMMEDIATELY CALL 911.

 

THIS IS IMPORTANT. PLEASE READ all our Terms of Use, and especially this paragraph, CAREFULLY. We know that this disclaimer is no fun, but our goal is to continue to provide LGBTQIA+ friendly and accessible care to as many people as possible. To do this, we need you to understand that the laws surrounding the accessibility of certain types of healthcare are changing and may have already recently changed in your State. Please do not attempt to use this Website or obtain any goods or services provided by Equal Health that is prohibited where you live. For questions regarding what is permitted where you live, please consult the laws of your jurisdiction. When you use Equal Health and/or our Website, we are not responsible for any losses or damages that result from your attempts to obtain care that is or may become prohibited by law in your jurisdiction, regardless of your intention, and we cannot guarantee any refunds requested due to a change in the availability of certain types of care in your area. This paragraph supersedes our Cancellation and Refund Policy below. Equal Health cannot provide any legal advice regarding the laws in your area, but we are happy to answer questions regarding our Cancellation and Refund Policy. We appreciate your cooperation and look forward to celebrating a day when this paragraph of our Terms is no longer necessary.

 

Acceptance of the Terms of Use

These Terms are entered into by and between You (“you,” “yours” “User,” or “Patient”) and Blossom Q Health, Inc. (“Equal Health,” "Company," "we," or "us"). The following terms and conditions, together with any documents we expressly incorporate by reference (collectively, "Terms of Use" or “Terms”), govern your access to and use of www.getequalhealth.com, including any content, functionality and services offered on or through www.getequalhealth.com (our "Website"), whether you are a guest or a registered user.

By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.getequalhealth.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use our Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you are under the age of 18 you may join our mailing list to receive updates regarding eligibility for goods and services through our Website.

By visiting, accessing, registering with us or using the our Website, you are representing and warranting that you are (1) at least 18 years or age or older, (2) that anytime you meet with one of our Providers you are located in the same state as the shipping address you provide in your account, (3) you agree that you will only use our Website and our services for lawful purposes. Our Company and this Website is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on our Website.

Your continued use of our Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing our Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on our Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or the entire Website, to users, including registered users.

You are responsible for both:

·       Making all arrangements necessary for you to have access to our Website.

·       Ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and comply with them.

To access our Website and resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our Website that all the information you provide on our Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on our Website, is governed by our Website Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Website Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you sign out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

 

Intellectual Property Rights

Our Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use our Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

·       Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

·       You may store files that are automatically cached by your Web browser for display enhancement purposes.

·       You may print one copy of a reasonable number of pages of our Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

·       If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

·       Modify copies of any materials from this site.

·       Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

·       Access or use any part of our Website (including any services or materials available through our Website) for any commercial purpose.

If you wish to make any use of material on our Website other than that set out in this section, please address your request to: info@getequalhealth.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our Website in breach of the Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to our Website or any content on our Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of our Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms Equal Health, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use our Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Website:

·       In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

·       For the purpose of exploiting, harming or attempting to exploit or harm minors in any way.

·       To send, knowingly receive, upload, download, use or re-use any material which is prohibited by these Terms of Use.

·       To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

·       To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

·       To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Website, or which, as determined by us, may harm the Company or users of our Website, or expose them to liability.

Additionally, you agree not to:

·       Use our Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of our Website, including their ability to engage in real time activities through our Website.

·       Use any robot, spider or other automatic device, process or means to access our Website for any purpose, including monitoring or copying any of the material on our Website.

·       Use any manual process to monitor or copy any of the material on our Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

·       Use any device, software or routine that interferes with the proper working of our Website.

·       Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

·       Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Website, the server on which our Website is stored, or any server, computer or database connected to our Website.

·       Otherwise attempt to interfere with the proper working of our Website.

User Contributions

Our Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through our Website.

Except with respect to PHI or personal information that is protected by law, any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on our Website, you grant the Company and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. By posting, you grant the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, User Contributions (in whole or in part) for the purposes of operating and providing the services to you and to our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, has completely and effectively waived all such rights, and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not the Company, are responsible for all of User Contributions that you post including its legality, reliability, accuracy and appropriateness. In addition to the foregoing, the Company shall have the right, in its sole discretion, to edit, duplicate, or alter the post in any manner for any purpose that the Company deems necessary or desirable, and you irrevocably waive any rights you may have in the User Contribution. You further agree that you shall have no right of approval and no claim to compensation in connection with any User Contribution. The Company is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of our Website.

You represent and warrant that:

·       You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

·       All of your User Contributions do and will comply with these Terms of Use.

Monitoring and Enforcement; Termination

We have the right to:

·       Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

·       Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Website or the public or could create liability for the Company.

·       Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

·       Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Website.

·       Terminate or suspend your access to all or part of our Website for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on our Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Content Standards

These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

·       Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

·       Promote sexually explicit or pornographic material, violence, or discrimination based on race, gender identity, sex, religion, nationality, disability, sexual orientation or age.

·       Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

·       Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy

·       Be likely to deceive any person.

·       Promote any illegal activity, or advocate, promote or assist any unlawful act.

·       Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

·       Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

·       Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

·       Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

Copyright Infringement

If you believe that any User Contributions violate your copyright, please contact us via email at info@getequalhealth.com. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through our Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third-parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to our Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to our Website

All information we collect on this Website is subject to our Privacy Policy. By using our Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Terms of Sale

All purchases through our site or other transactions for the sale of goods, services, or information formed through our Website, or as a result of visits made by you are governed by Terms of Sale below.

All products offered for sale by the Company are subject to availability. You agree that your order is an offer to buy, under these Terms of Use, all products and services listed in your order. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error or to cancel the order and refund any amount charged. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. You are responsible for any taxes due, with respect to your purchase of products or services through our Service. We will collect applicable sales or other taxes where the Company has a duty to do so. We are not required to, and do not, collect all applicable taxes in every jurisdiction. Accordingly, you may have a duty to directly report and pay taxes where applicable.

 

You represent and warrant that you are buying products or services from the Website for your own personal use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

 

Only valid payment methods acceptable to us may be used to complete a purchase. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, taxes and fees associated with the products that are included in the shipment. By submitting your payment information to our Website, you grant the Company the right to provide such information to third parties (e.g., payment processing companies) for the purpose of facilitating the transaction.

 

Online payment processing is provided by the Company’s third-party online payment processing vendors, WiX , Square, PayPal and other processing vendors who may be included from time to time (“Payment Vendors”). Additional information about our Payment Vendors, their privacy policies and information security measures should be provided by our Payment Vendors on their websites located at: https://www.wix.com, https://squareup.com/, and https://www.paypal.com/us/home. In addition, please note that in the event of full or partial refunds, Payment Vendors may not refund any processing fees associated with the transaction.

 

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown are only an estimate and are not guaranteed. Any risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.

 

Insurance

 

Equal Health’s acceptance of health insurance is subject to availability based on where you are located and is subject to change. Insurance is not required to use or purchase goods or services through our Website. Certain fees related to our memberships may not be covered by traditional health insurance. Equal Health does not guarantee that your health insurance plan or employer will cover any purchases of goods or services made by you. If you do not have insurance coverage or if payment or coverage is denied by your health insurance plan or employer, you acknowledge that you will be personally responsible for all fees and charges that are not covered subject to our Cancellations and Returns Policy below.

 

Cancellations and Refunds

 

Please ensure that you’ve read our entire Terms of Use in addition to this section. Our Cancellation and Refunds policy applies regardless of any changes that may occur regarding the types of care permitted by law in your area.

Membership and Non-Membership Services: If you cancel your Equal Health subscription or appointment before your virtual visit and before receiving your prescription medication, you will receive a refund within a reasonable time after cancelation, less any payment processing fees.

Pay As You Go / Per Visit / Non-Membership Services: If you elect pay as you go pricing, we cannot provide refunds for appointments and services after you have already been seen by your provider. Refunds will be provided before appointments, if canceled at least 24 hours in advance of the scheduled appointment, less any payment processing fees. No shows for all appointments are non-refundable.

Membership Services (including weight management): membership services are based on a 1-month term ("Term") that begins at the time of your virtual visit. Cancellation of your membership must occur prior to your virtual visit and before process and receipt of your 1-month prescription medication*. If you choose to cancel after your virtual visit, you will still be responsible for the full 1-month term of services. While you may cancel at any time, your request will not take effect until after the expiration of your current Term. While your membership plan is still active, you will have continued access to all membership services included in your membership plan. If you request 3-month prescription medications** you will be responsible for paying for a 3-month term of services up front prior to receiving the 3-month prescription medications.

*1-month prescription medication means a 30-day supply of medication.

**3-month prescription medications mean a 90-day supply of medication or a 30-day supply of medication with 2 refills.

For Weight Management Membership services: partial refunds are provided (minus the Starter Visit cost) and any applicable payment processing fees) after the first virtual visit if your health insurance does not cover Ozempic, Wegovy or Mounjaro weight management medications.

Please email info@getequalhealth.com if you would like to cancel your subscription. Once we receive your request, our team will review your account details, and will notify you of any remaining payments or outstanding balance. After your account details have been confirmed, your cancellation request will be processed within 14-21 business days. An email confirmation will be sent to you once your subscription has been cancelled.

 

Our Cancellation and Refunds policy applies regardless of any changes that may occur regarding the types of care permitted by law in your area.

Linking to our Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

You may use linking and social media features solely as they are provided by us and solely with respect to the content they are displayed with.

 

Subject to the foregoing, you must not:

·       Establish a link from any website that is not owned by you.

·       Cause our Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

·       Link to any part of our Website other than the homepage.

·       Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

Our Website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

 

Links from our Website

If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Electronic Communications

 

When you access or use our Website or use third-party service providers to send emails or messages to us or the medical providers, you are communicating with us or the medical providers electronically. All messages regarding medical information must be communicated via Athena Health’s patient portal. You consent to receive communications from the Company, its staff, and its medical providers electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

 

Consent to Receive Calls and Text Messages

 

By providing your mobile number, you are agreeing to be contacted by or on behalf of Equal Health, its third-party vendors, associates, subsidiaries at the mobile number you provide, including calls and text messages, to receive informational, product, or service-related communications (e.g., refill reminders, appointment reminders, etc.) and marketing communications. Message and data rates may apply.

 

Geographic Restrictions

The owner of our Website is based in the State of Georgia in the United States. We provide this Website for use only by persons located in the United States. We make no claims that our Website or any of its content is accessible or appropriate outside of the United States. Access to our Website may not be legal by certain persons or in certain countries. If you access our Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

No Agency Relationship

 

Nothing herein shall create any partnership, joint venture, employment, or other agency relationship between you and the Company, our associates, medical providers, third-party vendors, or subsidiaries. You may not enter into any contract on our behalf or bind us in any way.

 

Assignment

 

You may not assign any of your rights under this Agreement, and any such attempt will be null and void. The Company may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement to any affiliate, subsidiary, or to another third party for any reason, including the sale or merger of the Company.

 

Third Party Beneficiaries

 

Any use of third-party software provided in connection with our Website, or any third-party product or service accessed or used in connection with our Website, will be governed by the applicable third-party’s license or terms of use, and not by these Terms of Use. In addition, your use of our Website must comply with all applicable third-party terms of agreement.

 

Except for the foregoing or as otherwise specifically set forth in these Terms, including with respect to the indemnification obligations contained herein the Company or its affiliates and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, including the medical providers, and, except as specifically set forth in these Terms, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under these Terms of Use.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $1,000 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees, and choice of counsel) arising out of or relating to your violation of these Terms of Use or your use of our Website, including, but not limited to, your User Contributions, any use of our Website's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from our Website.

Governing Law and Jurisdiction

All matters relating to our Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or our Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, in each case located in the City of Atlanta and County of Fulton, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of our Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Georgia law. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR 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 and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, Terms of Sale, and Medical Privacy Policy, HIPAA Notices, and Telehealth Consent constitute the sole and entire agreement between you and Blossom Q Health, Inc. ("Equal Health") with respect to our Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Website.

Your Comments and Concerns

This website is operated by Blossom Q Health, Inc. ("Equal Health"), 1720 Peachtree St. NW, Suite 510, Atlanta, GA 30309.

All other feedback, comments, requests for technical support and other communications relating to our Website should be directed to: info@getequalhealth.com.

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