Community Wellness Technology Inc. (“CWT”, “we”, “us”) owns and operates the website located at www.communitywellness.com and any other web-based and mobile applications, that we (or our affiliates) may make available to you now or in the future (collectively, the “Site”). CWT offers the Site, including all information and content therewith (collectively, the “Content”), products available for purchase (the “Products”) and various services (the “Services”) to you, the user (including, without limitation, browsers, vendors, customers, merchants, and/ or contributors of content) conditioned upon your acceptance of all terms, conditions, policies and notices stated or referenced herein (the “Terms of Service”) and compliance with all applicable laws and regulations. Your use of certain features or components of our Site, access to certain Services or your ability to purchase Products may be limited to those users that have registered an account with us.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you hereby accept and agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not use or access the Site (including the Content) or purchase any Services or Products. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features, tools or services which are added to the current Site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. Any such changes will be effective as of the date of posting. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site (including the Content) or purchase of any Services or Products following the posting of any changes constitutes your acceptance of those changes. Your sole remedy for any disagreements or issues with the Terms of Service is to immediately discontinue your use of the Site (including the Content, Services and Products).
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Site.
We offer various Services to our users that are sold or offered by CWT or its third-party providers, including, but not limited to, healthcare providers, pharmacies and/or other vendors.
As further described below, our Services may include: (i) prescription fulfillment services by pharmacies and/or (ii) healthcare services provided by physicians and/or other healthcare providers. These Services will be made available through the Site and are also subject to these Terms of Service. The third-party pharmacies, medical groups, and healthcare providers are third-party beneficiaries of these Terms of Service.
From time to time, we may modify or update the descriptions of our Services contained in this Section II or elsewhere on the Site. We also reserve the right at any time to discontinue a Service (or any part thereof). You agree and understand that we shall not be liable to you or to any third party for any modiﬁcation, price change, suspension or discontinuance of a Service.
Our Services are currently available only to individuals who are located in the State of California and who are at least eighteen (18) years of age or older (or at least the age of majority in their jurisdiction of residence).
IV. CWT AND USER-GENERATED CONTENT
V. YOUR OBLIGATIONS; YOUR REPRESENTATIONS AND WARRANTIES
In addition to any other obligations set forth in these Terms of Service, you understand and agree that you are solely responsible for maintaining the security of your account. You are also solely and fully responsible for all activities that occur under your username and any other actions taken in connection with your account. You agree to immediately notify us in writing of any unauthorized use of this Site or any other breaches of security. You acknowledge and agree that we will not be liable for any acts or omissions by you, including any loss or damage of any kind incurred as a result of such acts or omissions.
You are solely responsible for providing and maintaining at your own expense, appropriate technological capabilities to use the Site, and access the Services or purchase Products, including but not limited to, a device with a video camera and Internet access. You shall submit only truthful, complete, and accurate information through the Site. We reserve the right to change the access configuration, including any software, hardware or other requirements at any time and without prior notice.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site, or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site (and any Service) for violating any of the prohibited uses.
By submitting any Content via the Site (such Content shall be referred to as “Your Content”), you further represent and warrant that:
- You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions in Your Content to permit use of Your Content in the manner contemplated by these Terms of Service);
- Your Content does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
- All “moral rights” that you may have in Your Content have been voluntarily waived by you;
- To the extent applicable, you shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising;
- Your Content is accurate;
- You are at least 18 years old;
- Your Content does not cause injury to any person or entity or violate any obligations you may have with a third party;
- Your Content is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
- Your Content does not contain any computer viruses, worms or other potentially damaging computer programs or files;
- Your Content is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and
You understand that we may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Except as otherwise provided in these Terms of Service, you understand and agree that Your Content will be treated as non-confidential and non-proprietary information.
You agree to provide current, complete and accurate purchase and account information, including, as applicable, health plan or governmental or other third-party payor information, for all purchases made through the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You will be responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees due with respect to your purchase of Products or Services. You also agree to pay for the shipping and handling charges, if any, shown at the time you make a purchase.
In order to facilitate the Services provided through the Site, you will be required to pay a “total” price for Products and Services provided. However, if a Product or Service you purchase required a consultation with a Provider and/or includes a prescription product that is filled through the Pharmacies, then the total price you pay will include the amount charged by the Pharmacies for the prescription drug and the amount charged by the Provider for services rendered, as well as the amount we charge for use of and access to the Site and Services. We collect the amounts charged by the Pharmacies and the Providers on their behalf and pass the applicable amounts through to them.
CWT is not enrolled with or otherwise acting as a participating provider in any federal or state healthcare programs (i.e., Medicare, Medicaid) or in any other health plan or third-party payor program. The Providers may be enrolled with or may be participating providers in such federal or state healthcare programs and/or certain health plans or other third-party payor programs for the provision of any healthcare services provided by them. To the extent the Site indicates that the Providers are enrolled in such programs and the Services or Products they provide to you through the Site are “covered services” under such programs, you will be required to pay any co-pay or deductible amount as required by such programs, and CWT will facilitate collection of such covered amounts on behalf of the Providers.
By agreeing to use the Site, you acknowledge and agree that you have the financial responsibility for all Services and Products provided to you unless: (1) the Site indicates that your Provider is a participating provider in Medicare, Medicaid or other third-party payment program in which you are enrolled; (2) the Product or Service provided to you by such Provider is a “covered service” under such program; and (3) the Site indicates that your Provider will submit the claim for reimbursement to Medicare, Medicaid or the third-party payment program in which you are enrolled for the costs of the Services and Products provided to you.
Some of our Products and/or Services may be available on a subscription basis. For these Products and Services, your payment account will be automatically charged as described for that Product or Service. You may cancel a subscription at any time. See our Shipping & Returns Policy.
We reserve the right to refuse any order you place with us or limit or cancel quantities in our sole discretion. If we make a change to or cancel an order, we may attempt to notify you by contacting you through your account or at the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
VII. THIRD PARTIES; THIRD-PARTY LINKS
You acknowledge and understand that certain of CWT’s shareholders, directors, officers, employees, contractors or agents may have a financial interest in one or more third parties providing the Services or Products and may profit from your use and/or the sale of such Services and Products.
Further, certain Content, Products and Services available on the Site may include materials from third parties. You understand and agree that CWT has no responsibility for the accuracy, suitability or reliability of such third-party Content.
Third-party links on the Site may direct you to a third-party website that is not afﬁliated with us (“Third-Party Site”). We are not responsible for examining or evaluating the content or accuracy of the information available on Third-Party Sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or information contained on a Third-Party Site, or for any other materials, products, or services of third parties.
You understand and agree that we will not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party. Please carefully review the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the applicable third party.
VIII. INTELLECTUAL PROPERTY; LICENSES
CWT may terminate you access to the Site or any of the Services at any time and for any reason, including, without limitation, your breach of any of the Terms of Service. Upon termination, your access to the Site and the terminated Services will immediately cease but you will remain liable for all amounts due up to and including the date of termination (including amounts due for Products purchased prior to such termination). The disclaimers, limitations of liabilities, releases and waivers set forth in these Terms of Service shall survive any such termination.
You may also terminate these Terms of Service at any time by notifying us that you no longer wish to use the Site, or our Services, or when you cease using the Site or the Services.
X. Disclaimer of Warranties
ALL PRODUCTS AND SERVICES, THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” CWT, INCLUDING THE PROVIDERS AND THE PHARMACIES, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, durability, title, OR NON-INFRINGEMENT. CWT DOES NOT WARRANT OR GUARANTEE THAT THE CONTENT, PRODUCTS, SERVICES OR THE SITE ARE or will be accurate, complete, reliable, current or error-free, or that this Site, or any other software, technology or servers used in the delivery of the SITE (AND ITS CONTENT), THE PRODUCTS OR THE SERVICES are free of any viruses or other harmful componentS.
You agree that when you view, download or otherwise obtain content from or through the SITE, OR BY usING the Services or a PRODUCT, you do so at your own risk, and that you will be wholly responsible for your use of the foregoing and any loss of data, damages to your computer system or mobile device, or any other harm that may result from SUCH USE. Further, you understand that the content AND OTHER INFORMATION available TO YOU and the technology used to formulate and deliver SUCH CONTENT AND INFORMATION, may contain errors, bugs, problems or other limitations, and that youR use OF such information and content IS at your own risk and should not rely upon it without verification.
XI. LIMITATION OF LIABILITY
CWT, including its OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, (COLLECTIVELY, THE “CWT PARTIES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, THE CONTENT, OR ANY OF THE SERVICES OR PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CWT PARTIES SHALL NOT HAVE ANY LIABILITY, ON ANY LEGAL BASIS WHATSOEVER, TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, CONTENT, PRODUCTS AND SERVICES, EVEN IF THE CWT PARTIES WERE ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE CWT PARTIES’ LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID FOR PRODUCTS AND SERVICES IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE EVENT THAT IS THE BASIS FOR THE CLAIM. Some jurisdictions do not allow certain limitations or exclusions of damages, so some of the foregoing disclaimers and limitations may not apply to you.
YOU AGREE THAT YOU MUST BRING ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR CONTENT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
You agree to indemnify, defend and hold harmless the CWT Parties, and the Pharmacies and Providers, from any and all third party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Site, or your breach of these Terms of Service (including any referenced policies of notices),or your violation of any law or the rights of a third party.
XIV. Electronic communications
In connection with your access or use the Services, including the Site, you hereby consent to receive electronic communications from us, the Providers and the Pharmacies, whether through email or through the Site, or other electronic means. You hereby agree that such electronic communications will satisfy any legal requirement that such communications be in writing and are deemed to be given on the date transmitted to you.
XV. GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California.
XVI. Third-party beneficiaries
Except as expressly set forth herein (e.g., with respect to disclaimers and indemnification in favor of the CWT Parties and the Providers), the parties agree that there are no third-party beneficiaries of these Terms of Service.
XVII. GENERAL TERMS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service shall not create any partnership, joint venture, employment, or other agency relationship between you and CWT, the Providers or the Pharmacies.
These Terms of Service and any policies or operating rules referenced or posted by us on the Site constitutes the entire agreement and understanding between you and us and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
CWT may, in its sole discretion, transfer, its contractual rights and obligations set forth in these Terms of Service to any affiliate of CWT or to another third party in the event that some or all of the CWT’s business is transferred to a third party by way of merger, sale of its assets or otherwise. You may not assign any of your rights hereunder, and any such attempt by you will be deemed null and void.
XVIII. Digital millennium copyright act
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Brooks Instrument to locate the material;
- Information reasonably sufficient to permit Brooks Instrument to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications to us at:
Questions about the Terms of Service should be sent to us at email@example.com or by mail at 1821 South Bascom Avenue #383 Campbell, CA 95008. You can also call 888-690-3696.