Connect4Healing, Inc. “Connect4Healing”, “we”, “us” or “our”) provides an online platform for clients (“Clients”) who are interested in using our website at connect4healing (“Website”) as a resource to connect to providers (“Providers”) within Western Medicine and the Complementary Alternative Medicine (CAM) market.
These Terms of Services (“Terms” or “Agreement”) govern Connect4Healing’s platform services on the Website. Our Website gives you access to Connect4Healing’s online community; communication tools; and payment services (“Services”). Connect4Healing’s Privacy Policy is incorporated herein by reference and is a part of these Terms.
PLEASE READ THESE TERMS CAREFULLY.
For purposes of these Terms, the terms “user,” “you,” or “your” refers to: (i) the Client or Provider, individually, or (ii) Client and Provider, together, or (iii) any user who visits the Website.
BY PLACING A CHECKMARK NEXT TO THE BOX “ACCEPT”, YOU ARE ACCEPTING THESE TERMS. YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE DULY AUTHORIZED TO ENTER INTO AND BIND YOURSELF TO THE TERMS AND CONDITIONS OF THESE TERMS AND ACKNOWLEDGE AND AGREE THAT ALL SUCH USE BY YOU IS SUBJECT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS (OR ARE NOT AUTHORIZED TO BIND YOURSELF), YOU ARE PROHIBITED FROM USING OUR WEBSITE AND SERVICES.THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.
a. Connect4Healing Services. Through a search option, we give Clients access to a virtual community of Providers and easy collaboration for the type of healing modality they desire from a Provider. Connect4Healing is a software-as-a-service and technology provider that facilitates video conferencing services and a billing service for the Providers. For purposes of clarity, Connect4Healing does not bill medical insurance companies on behalf of the Client or Provider.
b. Video Conferencing. Our Services give Providers an opportunity to meet and conduct one-on-one appointments or online classes (through video) with Clients. To use our video conferencing services, you must have a webcam-enabled device (i.e., a computer, laptop, tablet, cell phone, etc.).
c. Connect4Healing Does Not Perform Provider Services. We are not in the business of providing medical, mental health, fitness, health, or any other related services (“Provider Services”) that are performed by the Providers. The Providers are solely responsible and liable for any Provider Services they perform on behalf of the Client.
d. Content on the Website. You understand that (i) all our Content on our Website is educational in nature, is provided only as general information, and is not medical advice, diagnosis or treatment; (ii) the Service shall not be used as a substitute for consultation with the Provider (i.e., professional psychologist or other professional health or medical provider), and should not be relied upon as medical or any other professional advice of any kind or nature whatsoever; (iii) any advice provided via the Content of our Service is offered in generic form. In other words, such general information does not deal with the unique qualities that play a role in the personal health of the Client. Connect4Healing does not know the Client personally and can therefore not take into consideration these qualities when offering advice, and does not claim to do so; (iv) the Service provided by Connect4Healing does not replace the relationship that might exist between the Client and Provider; or (v) any information, stories, or examples, presented on the Website does not constitute a warranty, guarantee, or prediction regarding the outcome of a Client using any such materials. While all materials, links, and other resources are posted in good faith, the accuracy, validity, effectiveness, completeness, or usefulness of any information cannot be guaranteed.
e. Providers are not Employees. Providers are independent Service Providers who offer and perform such services for Clients. Providers are not the employees or agents of Connect4Healing. For purposes of this Agreement, Connect4Healing is not a party to any agreement that is related to the relationship between the Client and Provider or Provider Services. Connect4Healing shall not be held liable for any actions or omissions related to Provider Services.
f. Not a Referral Service. We are not a referral service and do not select or endorse you or your services.
g. Marketplace and No Endorsement. Connect4Healing simply provides a marketplace platform for Providers to communicate and transact with Clients.
h. Provider Reviews. From time to time, Clients may submit reviews of Providers; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any Provider Services performed by the Provider. Connect4Healing is not responsible or liable for the accuracy of any Content (as defined below) that is posted on the Website and any use or reliance of such Content is solely at your own risk.
“Content” refers to content featured or displayed through the Website, including without limitation text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Website.
i. Errors on the Website. The Content on the Website including, without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies, and may not be complete or current. Connect4Healing reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. Connect4Healing will not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. Connect4Healing reserves the right to refuse to fill any orders or provide Services that are based on inaccurate or erroneous information on the Website, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason as determined by Connect4Healing.j.Agreement between Client and Provider. Connect4Healing does not offer or
j. Agreement between Client and Provider. Connect4Healing does not offer or sell Provider Services. Any use of our Services on the Website is not intended to, and does not, create an agreement between Connect4Healing and Client for Provider Services.
a. Confidential Information. Each party agrees to regard and preserve as confidential all non-public information provided by the other party relating to the business, systems, operations, strategic plans, Clients, fees, costs, methods, processes, financial data, programs, and/or products and services of the other party in any form, which are designated as “confidential,” or a reasonable person knows or reasonably should understand to be confidential (herein “Confidential Information”). For purposes of the Agreement, your Confidential Information shall include your Content, and any information disclosed to us by you relating to the business, systems, operations, strategic plans, clients, pricing, methods, processes, financial data, programs, and/or Provider Services.
b. Non-Disclosure. Each party agrees to limit its disclosure of the other party’s Confidential Information to as few persons as possible and only to those persons with a need to know that are personnel and subject to an obligation to keep such information confidential. Except as needed to fulfill their respective obligations under the Agreement, neither party shall, without first obtaining the other party’s prior written consent, disclose to any person, firm or enterprise, except as expressly permitted herein, or use for its own benefit, or the benefit of a third party, the Confidential Information of the other party.
c. Exceptions. “Confidential Information” shall not include Content or information that (a) is already rightfully known to a party at the time it is obtained from the other party, free from any obligation to keep such information confidential; (b) is or becomes publicly known or available through no wrongful act of a party; (c) is rightfully received from a third party without restriction and without breach of this Agreement; or (d) is developed by a party without the use of any proprietary, non-public information provided by the other party under the Agreement.Either party may disclose Confidential Information where required by law, regulation, or court order, provided that the party subject to such law, regulation or court order shall, where permitted, notify the other party of any such use or requirement prior to disclosure in order to afford such other party an opportunity to seek a protective order to prevent or limit disclosure of the information to third parties.
d. Term of Confidentiality. The confidentiality obligations set forth in this section of this Agreement shall remain in effect for a period of five (5) years from the disclosure of the information. Both parties agree (a) to take reasonable steps to protect the other party’s Confidential Information, and these steps must be at least as protective as those the receiving party takes to protect its own Confidential Information, and no less than a reasonable standard of care; (b) to notify the disclosing party promptly upon discovery of any unauthorized use or disclosure of Confidential Information; and (c) in the event of any unauthorized disclosure by a receiving party, to cooperate with the disclosing party to help regain control of the Confidential Information and prevent further unauthorized use or disclosure of it.
e. Return or Destroy PHI. If the terms set forth in Sections 6(a) and 6(b) are applicable, upon termination of this Agreement for any reason, and if feasible, Connect4Healing will return or destroy all the Protected Health Information ("PHI") and/or medical information related to Provider’s Clients (received from the Client or created or received by Connect4Healing on behalf of Provider) that Connect4Healing still maintains in any form and retains no copies of such information. If such return or destruction is not feasible, Connect4Healing will extend the protections of this Agreement to the information retained and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible.
a. Registered User Accounts. If you register to use our Services, you will create an account that includes a unique username and a password to access the Services and to receive messages from Connect4Healing. You are responsible for keeping all your information accurate, maintaining the security of your account, and you are fully responsible and liable for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify Connect4Healing immediately of any unauthorized use of your account, or any other breaches of security. Connect4Healing will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account.
b. Provider Profiles. As part of Connect4Healing’s Services, Connect4Healing provides profile pages (i.e., a webpage) for you to post relevant information about your education, training, experience, and areas of focus/specialization. You agree to provide true, accurate, current, and complete information for your Connect4Healing profile, to periodically review such information, and to update information that you provide as needed. You are solely and exclusively responsible for the content of your respective profiles, and Connect4Healing expressly disclaims any and all liability forthe content of your profile, including, without limitation, the accuracy or reliability of any information contained therein. You agree that Connect4Healing is not responsible for assessing the validity or accuracy of any of the information you, the user, posts. Please refer to our Privacy Policy for more information.
c. Relationship with Providers. Because we cannot guarantee Provider Services performed by you using our Services for your specific needs, we encourage Clients to research any Provider before accepting any advice concerning services.
d. No Reliance on Website Content. Content posted on the Website (such as blog posts, literature, and video content) is provided by Connect4Healing for informational purposes only, with no assurance that the Content is true, correct, or accurate. The Content on the Website is not a substitute for advice or a solicitation to offer Provider Services regarding specific services.
e. Representation and Warranties. You represent and warrant that: (i) you have the authority to, and are of legal age in your jurisdiction to, bind yourself to these Terms; (ii) your use of the Service will be solely for purposes that are permitted by these Terms; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Service will comply with all local, state and federal laws, rules, regulations, including, but not limited to, all privacy and data security laws, the Health Insurance Portability and Accountability Act (“HIPAA”) and other Connect4Healing policies (collectively, “Applicable Laws”).
a. Use Restrictions. You shall not use the Services for any purposes beyond the scope of the access and use granted in this Agreement. You shall not at any time, directly or indirectly and shall not permit any users to: (i) copy, modify, or create derivative works of the Services or Content on the Website, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services or Content; or (v) use the Services or Content in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other rights of any person, or that violates any applicable law.
b. Conduct Restrictions. You agree that you will not under any circumstances transmit any Content (including software, text, images, or other information) that:
i. is unlawful or promotes unlawful activity;
ii. defames, harasses, abuses, threatens, or incites violence towards any individual or group;
iii. is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iv. is spam, is machine- or randomly generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
v. contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
vi. infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
vii. impersonates any person or entity, including any of our employees or representatives; or
viii .violates the privacy of any third party.
c. Users Must Be Over Age 18. Our Website is not intended for children under 18 years of age. No one under the age of 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us by email at support@connect4healing.com or by telephone at (888) 870-4C4H or (888) 870-4244.
d. No Liability for User Interactions; Connect4Healing May Monitor Interactions. Any liability, loss, or damage that occurs as a result of your interactions, including, without limitation, any posted Services that you input or receive through your use of our Service is solely your responsibility. At our discretion, we, or the technology we employ, may monitor and/or record your general interactions with our Services.
e. Right to Terminate Accounts. We have the right (though not the obligation) to, in our sole discretion, determine whether or not any user conduct is appropriate and complies with these Terms, or terminate or deny access to and use of the Service to any user for any reason, with or without prior notice.
a. Responsibility for User Content. Subject to any Applicable Laws, you may create Content, written or otherwise, while using our Service. You are solely responsible for the Content thereof, and any harm resulting from, any Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your Content.
b. Right to Post. You represent and warrant that you have the right to post all Content you submit. Specifically, you warrant that you have fully complied with any third-party licenses relating to Use Content and have taken all steps necessary to pass through to end users any required terms.
c. Connect4Healing May Modify or Remove Content. We have the right (though not the obligation) to, in our sole discretion, determine whether or not any Content is appropriate and complies with these Terms, or refuse or remove any Content that, in our reasonable opinion, violates any Applicable Law, Connect4Healing policy, or is in any way harmful, inappropriate, or objectionable. Connect4Healing further reserves the right to make formatting and edits and change the manner any Content is displayed on the Website.
d. Ownership of User Content. Except for Content that originates from Connect4Healing, we do not claim ownership of any Content that is transmitted, stored, or processed in your account. You retain all ownership of, control of, and responsibility for the Content you post. You may control access to your Content through settings in your user account.
e. License Grant. Solely to allow Connect4Healing to use Content you upload to the Service, you grant Connect4Healing and our successors a worldwide, sublicensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, distribute your Content and use such Content to perform Services in connection with Connect4Healing’s business purpose.
a. Communications with Clients. You are expected to reply to Client inquiries and provide your contract information to such Client. It is your sole responsibility to determine if you are required under Applicable Laws to provide to the Client a patient consent form prior to the performance of any Provider Services.
b. Business Associate Agreement. You are also solely responsible for determining if a Business Associate Agreement between you and Connect4Healing is required under Applicable Laws. For your convenience, we can provide you a copy of a Business Associate Agreement, upon request.
c. Protection of Privacy. Connect4Healing will make a commercially reasonable effort to protect your privacy and personal messages on our platform, but it cannot guarantee confidentiality. If communications require any confidentiality between you and your Client, such communication should not take place using our Services.
d. Regular Backups. You are solely responsible for any Content or data provided by you or your Client. We do not sell data storage service; therefore you are always responsible to back up your Content and data. If Applicable Law prohibits exclusion of liability for lost Content or data, then we will only be liable for the cost of reasonable and customary efforts to comply with Applicable Laws to recover the lost Content and data from your last available back up.
e. User Responsibilities. You are solely responsible for ensuring that any information, solicitations, or advertisements you post or place on the Website, including without limitation user Content, and any communications you may have with prospective Clients through the Website or the Service comply with all Applicable Laws.
fProvision of Services Requiring Licensure
You acknowledge and agree that, unless you hold the appropriate and valid professional licensure, you will not provide any Services through the Site that require such licensure. This includes, but is not limited to, services typically provided by a physician, healthcare provider, attorney, accountant, financial planner, or other regulated professionals. You will not offer advice, make recommendations, or provide predictions regarding legal, medical, financial, or other regulated professional matters. If your Services fall within a regulated field, you agree to refrain from offering such services unless you are licensed or qualified to do so under applicable laws. Much of the advice through non licensed providers is for educational or entertainment purposes only.
g. Protection of Minors and Vulnerable Individuals
You agree that you will not provide advice, guidance, or services related to situations involving minors who may be at risk of harm, including but not limited to, cases of domestic violence, child abuse, grooming, or any inappropriate interactions between adults and minors, such as expressing romantic or sexual interest in minors. You are prohibited from providing advice or engaging in discussions that could potentially endanger the safety, security, or well-being of minors or vulnerable individuals. In such cases, you may be required to report such concerns to the appropriate authorities as mandated by law.
h. Medical Diagnosis, Treatment, and Prescription
You agree that you will not provide medical diagnoses, treatments, prescriptions, or recommendations related to medications, therapies, or any other medical procedures through the Site unless you hold the necessary licensure to do so in accordance with applicable laws. You will not act as a healthcare provider or offer medical advice in any form, including making predictions or offering guidance regarding medical conditions, pregnancy, or treatment plans. You understand that any medical-related inquiries should be directed to appropriately licensed healthcare professionals.
i. Financial and Securities Advice
You agree that you will not provide advice, make recommendations, or offer services related to the value of securities, investments, or any financial matters unless you are properly licensed or qualified to do so under applicable financial regulations. This includes, but is not limited to, advising on the buying, selling, or trading of securities, providing investment analysis, or offering financial planning advice. You are prohibited from engaging in activities that require a financial advisor's license, such as offering personalized investment recommendations, retirement planning, or securities trading advice, unless you are licensed or authorized to perform such services under relevant financial laws.
j. Prohibited Activities and Claims
You agree that you will not offer advice, products, or services related to, or make any claims of success with, lottery numbers, gambling, gaming, sports betting, or any other form of chance-based or wagering activity through the Site. Additionally, you shall not engage in any activities related to multi-level marketing (MLM) schemes, pyramid structures, or other similar programs, including but not limited to, offering assistance or making claims regarding "get rich quick" schemes, weight loss solutions, or earning money through unverified or deceptive online activities such as "surfing the web." You acknowledge that such activities are prohibited and may be illegal or misleading, and you agree to refrain from offering or engaging in any such services.
a. Access to Third Party Content. By using the Service, you will have access to Content that may belong to or originate from third parties (“Third Party Content”). By using our Services, you consent that Connect4Healing may present Third Party Content to you. You acknowledge all responsibility for, and assume all risk for, your use of Third Party Content.
b. No Responsibility for Third Party Content. As part of the Service, Connect4Healing may provide you with convenient links to third party website(s) as well as other forms of Third Party Content. These links are provided as a courtesy to our users. We have no control over third party websites or content or the promotions, materials, information, goods or services available on them. By linking to such content, we do not represent or imply that we adopt or endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Connect4Healing. We are not responsible for any Third Party Content accessed through our Website. If you decide to leave the Website and access Third Party Content, you do so at your own risk, and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any such content.
c. No Authorization to Use Third Party Content. These Terms do not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third Party Content except as permitted by Connect4Healing’s Terms.
a. Termination of Repeat Infringer Accounts. Connect4Healing respects the intellectual property rights of others and requests that our users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will terminate a user’s access to and use of the Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Connect4Healing or others. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
b. DMCA Take-Down Notices. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to Connect4Healing’s designated copyright agent at support@connect4healing.com.
c. Response to DMCA Take-Down Notices. If Connect4Healing takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to Connect4Healing.
d. Counter-Notices. If you believe that your Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content you submitted to the Website, you may send a properly formatted counter-notice to Connect4Healing’s copyright agent using the contact information set forth above.
e. Response to DMCA Counter-Notices. If a counter-notice is received by Connect4Healing’s copyright agent, Connect4Healing may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content will be reinstated on the Website in 10 to 14 business days after receipt of the counter-notice.
a. Ownership of Intellectual Property. Connect4Healing retains all ownership of our intellectual property, including our copyrights, patents, and trademarks.
b. No Transfer. Connect4Healing retains ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of other third parties. These Terms do not transfer from us to you any Connect4Healing or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under these Terms.
c. Feedback and other Input. You may provide suggestions, ideas and/or feedback (collectively, “Feedback”) to Connect4Healing or in the use of the Service or Website regarding Connect4Healing Website, products or services. You agree that Connect4Healing will be free to use, irrevocably, in perpetuity and for any purpose, all Feedback provided to it by you and that all right title and interest in Feedback is assigned to Connect4Healing. The foregoing grant of rights is made without any duty to account to you or to any of the foregoing persons or entities for the use of such Feedback.
d. Trademarks. Specifically, Connect4Healing, support@connect4healing.com, and all other trademarks that appear, are displayed, or are used on the Website or as part of the Service are registered or common law trademarks or service marks of Connect4Healing, Inc. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Connect4Healing, except as an integral part of any authorized copy of the Content.10.Email Communications.
a. Electronic Communications Required. For contractual purposes, you (i) consent to receive communications from Connect4Healing in an electronic form via the email address you have submitted or via the Service; and (ii) agree that all Terms, agreements, notices, disclosures, and other communications that Connect4Healing provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. This section does not affect your non-waivable rights.
b. Telephonic Contact: Phone contact may be used by Providers to pre-screen clients, to schedule, reschedule or cancel appointments, and for any other reason necessary. A registered client/user that has provided their contact information and agreed to these Terms of Service, gives consent to Connect4Healing Providers to leave voicemail messages at the phone number provided.
b. Legal Notice to Connect4Healing Must be in Writing. Communications made through email or the Service’s private messaging system will not constitute legal notice to Connect4Healing or any of our officers, employees, agents or representatives in any situation where notice to Connect4Healing is required by contract or any law or regulation.
Connect4Healing may on occasion need to interrupt or suspend the Service, with or without prior notice, to protect the integrity or functionality of the Service or for maintenance purposes. You agree that Connect4Healing is not liable for any interruption or suspension of the Service (whether intentional or not), and you understand that you will not be entitled to any refunds of fees or other compensation for interruption or suspension of service. Likewise, you agree that in the event of loss of any Content, we will not be liable for any purported damage or harm arising therefrom.
a. Term. This Agreement shall be effective as of the date you accept or agree to these Terms and continue until 90 days after the last transaction (“End of Term”) unless (i) you notify us that you wish to renew the Term by email at support@connect4healing.com before the End of Term or (ii) this Agreement terminates in accordance with the terms of this Agreement. If any account shows low payment activity for more than 30 days, Connect4Healing Administration will be alerted, and the account may be terminated if inactive for 60 days. Low payment activity would be consistent with 15 or fewer equivalent hours of paid services each month. This is averaged every quarter.
b. You May Terminate this Agreement. If you wish to terminate this Agreement or your account with the Service, you must discontinue using and notify us that you wish to terminate the Services, please contact Connect4Healing at support@connect4healing.com and provide at least a 30 days notice, or you will be subjected to the monthly charge of $50 for that month.. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and delete your full profile within 30 days.
c. Connect4Healing May Terminate Services. Connect4Healing may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
d. Some Provisions Survive Termination. This Section 12(d) and Sections 2, 3(f), 4(d), 5(d), 9, 12(d), 14, 15, 16, 18 and 20 and all provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
a. Payments to Provider. Clients shall pay Provider the agreed-upon fees for Provider Services, service and processing fees associated with Client’s use of the Service (“Fees”) and Client authorizes Connect4Healing to automatically charge such Fees from the payment method (i.e., credit card) designated by Client. Providers shall receive all payments from the Client through the use of our Service.
b. Scheduled Appointments. The Fee of the scheduled appointment with you is charged at the time of booking prior to the time of the scheduled appointment. The scheduled appointment with the Provider will not begin until payment from the Client has been processed. If a Client fails to cancel or reschedule an appointment at least 48 hours in advance, Client will be charged for a missed appointment fee which will be the fee the Client would have paid for the scheduled appointment with you. If a Provider cancels an appointment less than 48 hours before the time of the scheduled appointment, a full refund of the amount paid by the Client will be refunded to the Client. If a client cancels or reschedules an appointment more than 48 hours, then it is up to the Providers policy on whether or not the client is due a refund.
c. Connect4Healing Fees. You shall pay us a service payment fee that is either 10%, 13% or 15% of your Fee (“Service Fee”) charged to the client, depending on your transaction usage. If you have less than 25 payment transactions per month from one-hour session equivalents, your service fee will be 15%. If you have between 25 and 45 payment transactions per month from one-hour session equivalents, your service fee will be 13%. If you have more than 45 payment transactions per month from one-hour session equivalents, your service fee will be 10%. The average will be determined at the beginning of the fourth month after sign-up. Upon joining, all providers will start at 10% and will be adjusted if necessary, during the fourth month if the transactions fall within a different range. Such Service Payment Fee includes overhead, administrative support, corporate fees, and transaction fees (“Connect4Healing Fees”). The Service Fee minus Connect4Healing Fees shall be processed by a payment processor and will be deposited into your bank account. There is a monthly maintenance fee of $50 to be charged for Providers to sign up for an account on Connect4Healing and use the platform. The payment will be due upon sign up and on the same calendar day for each subsequent month. NOTE: The introductory first month the only charges would be $50 for monthly fee and the stripe fees (2.9% +.30 (cents) for each transaction. The second month starts with $50 + 10% until the fourth month, and then the % is adjusted based on transactional activities as stated above.
d. You agree to process all Fees and all amounts billed to any Client at all times on the Connect4Healing platform. You agree to process such Fees through our platform on the Website even if a Client requests that you perform different services posted via Connect4Healing. By using our site, you agree to use the Payment system through Connect4Healing and not outside the site. Payment by a Client to you, made outside of our without prior notification to Connect4Healing, constitutes a full waiver by both parties of any Connect4Healing payment guarantees or dispute protections and breach of this contract. Regardless of insurance reimbursement, payment for Service is required at the time of each appointment.
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT CONNECT4HEALING ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. CONNECT4HEALING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR CONNECT4HEALING COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY CONTENT OR SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE CONTENT, SERVICE AND THE WEBSITE ARE AT YOUR OWN RISK. IN SOME JURISDICTIONS, DISCLAIMERS OF IMPLIED WARRANTIES ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU AS THEY RELATE TO IMPLIED WARRANTIES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CONNECT4HEALING BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (i) THE USE, DISCLOSURE, OR DISPLAY OF ANY CONTENT ON THE SITE AND YOUR USER CONTENT; (ii) YOUR USE OR INABILITY TO USE THE SERVICE; (iii) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (iv) ANY OTHER INTERACTIONS WITH CONNECT4HEALING OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOTCONNECT4HEALING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CONNECT4HEALING WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU. TO THE EXTENT CONNECT4HEALING IS FOUND LIABLE FOR ANYTHING RELATED TO THESE TERMS OR THE USE OF THE SERVICE, CONNECT4HEALING’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF THE FEES PAID BY YOU.
You agree to indemnify, defend and hold harmless Connect4Healing, its officers, managers, owners, employees, agents, designees, users, successors, assigns, and service providers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (i) any violation of these Terms by you; (ii) the inaccurate or untruthful Content or other information provided by you to Connect4Healing or that you submit, transmit or otherwise make available through the use of the Service; or (iii) any intentional or willful violation of any rights of another or harm you may have caused to another. Connect4Healing will have sole control of the defense of any such damage or claim.
Connect4Healing may amend these Terms from time to time, and in Connect4Healing’s sole discretion. We will provide notification to users of material changes to these Terms (i) by sending a notice to the primary email address specified in your account, which will take effect immediately upon our sending of this email, and/or (ii) through our Website at least 30 days prior to the change taking effect by posting a notice on our home page. We encourage visitors to frequently check this page for any changes to these Terms. Your continued use of the Service after the effective date of a revised version of these Terms constitutes your acceptance of its terms.
a. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Connect4Healing each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Connect4Healing’s customer service team by email at support@connect4healing.com. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
b. Agreement to Arbitrate. You and Connect4Healing mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Connect4HealingService (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Connect4Healing agree that the arbitrator will decide that issue.
c. Attorney’s Fees and Costs. You and Connect4Healing each agree that either party may be entitled to seek an award of attorney fees and expenses if they prevail in arbitration, to the extent provided under applicable law and the AAA rules.
d. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
e. Jury Trial Waiver. You and Connect4Healing acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
f. No Class Actions or Representative Proceedings. You and Connect4Healing acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Connect4Healing both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
g. Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
Notwithstanding the provisions (“Modification of these Terms”), if Connect4Healing changes this Section (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Connect4Healing’s email to you notifying you of such change. By rejecting any change, you agree that you will arbitrate any Dispute between you and Connect4Healing in accordance with the provisions of the Dispute Resolution and Arbitration Agreement section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
a. Governing Law. Except to the extent applicable law provides otherwise, this Agreement between you and Connect4Healing and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and Connect4Healing agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Santa Clara and County of Santa Clara, California.
b. Severability. If any part of the terms of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Connect4Healing to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
c. Limitation of Term of Action. You agree that any cause of action related to or arising out of your relationship with Connect4Healing must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
d. Non-Assignability. We may assign or delegate this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms without Connect4Healing’s prior written consent, and any unauthorized assignment and delegation by you is void. If we are involved in a merger or we are bought, we may transfer this Agreement, as long as your rights are protected.
e. Section Headings and Summaries Non-Binding. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding..
f. Complete Agreement. These Terms, together with the Privacy Policy at https://www.connect4healing.com/PrivacyPolicy, represent the complete and exclusive statement of the agreement between you and Connect4Healing. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Connect4Healing relating to the subject matter of this Agreement. This Agreement may only be modified by a written amendment signed by an authorized Connect4Healing executive, or by the posting by Connect4Healing of a revised version.