The Directory located at www.telewellnesshub.com (hereinafter “Directory”) and any content therein (defined below) is owned and operated by TeleWellness Hub, LLC, a Texas Limited Liability Company (hereinafter “we” “us” or “our”). Please read all Terms & Conditions before using the Directory – by visiting and using this Directory, you (hereinafter “visitor” “you” or “your”) are consenting that you have read these Terms & Conditions, and agree to be bound by them.
Please note these Terms & Conditions may be subject to changes or updates at any time, and we may not provide notice of such changes or updates. We reserve our right to make any changes or updates at any time, and the burden is on the user to routinely check these Terms & Conditions for updates. By continuing to use our Directory and the content we produce, you confirm you agree to be bound by the Terms & Conditions as they appear, whether or not you have read them. If you are not in agreement with these Terms & Conditions, please do not use our Directory or any of the Content that appears thereon.
Intellectual Property Rights
- This Directory contains original information belonging to Company, as well as wellness professionals and experts who have created profiles within Directory. This collection of work is considered intellectual property created and owned by either Company or the wellness professional, and is protected under Federal Intellectual Property Laws, which prevents unauthorized use of our materials. These materials may include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Directory and within the content provided, including but not limited to website design, layout, photographs, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on Directory, to the extent protectable, and any and all other information accessible through this Directory, which constitutes proprietary information. This protection also includes any and all content that appears on the Directory, including blog posts, wellness information, and all other text whether or not authored by us. All proprietary information and content hereinafter identified as (“Content”).
- Your ability to view Content on our Directory grants you a limited, revocable, non-transferrable license to use the information available to you for your personal, non-commercial use only, and limited to educational purposes, and purposes of contacting a wellness expert located within Directory.
- You understand and acknowledge you will likely be in violation of these Intellectual Property laws should you copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property on the Directory, including that which has been posted by a third party, without our express written consent. You also agree you will not hold any of our Content out to be your own, or use any portion of our Directory, including all Content, information, and purchased materials, in any commercial manner such that you make, may make, or intend to make a profit from it. If such behavior is discovered or suspected, we reserve the right to immediately revoke your access to our Directory, as well as any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
- Any requests for written permission to use any content posted on our Directory shall be made before you wish to use any such content, and may be made by sending an email with your written request to [email protected]
- Testimonials. Directory may feature testimonials from clients, customers, or members to provide visitors with comments, feedback, and information from others’ experiences with our services, Directory and products. While all information, photos, and quotes used are from actual clients, sharing their real, honest opinions of Directory and services, these testimonials are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial on our Directory you do not expect the same results, and understand this information is not a guarantee. You also understand and agree that the individuals featured may have different medical history and health status, and what worked for them may not work for you; you agree to use common sense and consult your personal medical provider before beginning any program or signing up to work with a wellness expert located on the Directory.
- Should you choose to post anything on our Directory, social media pages, webinars, or otherwise, you are hereby agreeing and acknowledging you will not post anything that could harm us or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. You understand that if you make the decision to post content that constitutes cyber bulling, your comments will be removed immediately, and we reserve our right to take action against you to the full extent of applicable laws.
- You may use our Directory for lawful purposes only, and agree you will not post, comment, or otherwise transmit any content which infringes the rights of another, and agree to hold us harmless should you do so. You also agree and understand you are not to post any content or send any messages to wellness experts which would constitute a criminal offense, use the Directory or content for fraudulent or unlawful purposes, create civil liability, is repugnant, constitutes a violation of another’s intellectual property rights, is vulgar or obscene in any way, or is otherwise objectionable. You agree that we are the sole decider in whether content you post is objectionable and have the unilateral right to remove any content you post, without explanation or ramifications. You also understand that we may be obligated to take further legal action, based upon information you post or action you take, and reserve our right to do so. Should a third party choose to take legal action against you, as a result of something you posted on our Directory, you agree to hold us harmless and fully indemnify us of any legal ramifications or actions.
Use of Free Materials or Content
- At times you may be offered a free download or printable, as a gift or opt-in offer, in exchange for your name and email address. Should you choose to download or print this material, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the material, you agree and understand that you will provide us with credit, will not hold the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise), from our materials.
- The purpose of this Directory is to provide educational information to those wishing to view it, as well as a place to find wellness experts in various fields and expertise levels, and an opportunity to select one, if desired, based upon what the wellness expert discloses in his/her directory entry. Any Content on this Directory, or Content you receive because of your decision to opt-in to our email list has been created solely for educational and informational purposes, and/or by third party Directory members who do not clear materials with us prior to posting. We cannot and do not guarantee any type of specific results, outcomes, changes, or gains through use of our Directory, nor can we make any guarantees regarding success with any wellness expert selected herein. Any decision to contact, communicate with, or work with a wellness expert found on the Directory is solely yours. We are not to have any involvement, liability, or responsibility with respect to communications between you and a wellness expert. You understand and agree to this and acknowledge that your use of any information contained herein is purely voluntary.
- You also understand nothing on Directory is intended as medical advice or as a substitute for mental health treatment. Any decision you make to implement or follow information found on Directory, or to purchase a product or service, is purely voluntary and of your own volition. We recommend you consult with your personal physician or other applicable medical professional prior to implementing any content found herein, and/or prior to beginning any program or service we offer; nothing contained on this Directory or within any product or service found herein is intended to take the place of a consultation with any such professional.
- Directory and the Content produced are not to be relied upon in any way as medical, legal, financial, or business advice, nor are we to be held responsible for anything posted within Directory by a wellness expert. Nothing on this Directory is intended to take the place of professional advice received via a consultation with a doctor, nurse, lawyer, accountant, therapist, financial advisor, business consultant, or other expert regarding the details of yours or a minor’s life. You are encouraged to consult with your own professionals for any questions you may have regarding your particular business or situation regarding legal, business, medical, or financial questions, or any similar professional that may address your own individual situation.
- Your decision to visit our Directory, use information contained herein, and reach out to one or more wellness experts we have within the Directory is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you or your business resulting from direct or indirect use of materials or content contained in our Directory. You agree to hold TeleWellness Hub LLC harmless from any damages directly or indirectly resulting from your use of Directory, your contact with a wellness expert, or via our Website or distributed through email, and agree you will not make any claims against us or the company herein.
- By using our Website, you understand and agree that TeleWellness Hub makes no guarantees or warranties regarding the condition of Directory including functionality, existence of viruses or other components that may harm users’ computers, uninterrupted use, constant access and availability, and the like.
- We will make every effort to make our Directory available to you at all times; however, from time to time the Website may be down for maintenance, repairs, as a result of “crashing” or overuse, or any other reason, known or unknown to you, and you agree and understand that this may occur without explanation. Should this occur, you understand, agree, and acknowledge we are not liable for any damages, losses, interruption in your health and wellness journey, or other inconvenience sustained by you as a direct or indirect result of the unavailability of our Directory. We do not owe you an explanation, refund, or any reimbursement, nor do we have any obligation to you to continue running our Directory, and you agree to simply check our Directory at a later date to confirm when it has been relaunched.
- We may also make the unilateral decision to change or discontinue all or part of our Directory, remove wellness experts, their Content, or any portion thereof without notice before or after, and such Content may thereafter be unavailable. The Directory and any and all content and products made available are offered on an “as is” basis, with no additional attachment or warranties therein. You understand and agree we are not obligated to you to continue running all or part of our Directory or any content therein, or any particular wellness experts’ contact information, nor shall we be liable for any harm to your business or personal self as a direct or indirect result of a decision to alter, remove, or change Content without notice.
Information You Provide
- You acknowledge and understand that any information provided to us is done so on a purely voluntary basis. By choosing to provide us with this information, you agree and represent that any information provided to us through the Directory or a third-party payment processor will be accurate and current, and belong to you. You understand you may not hold yourself out as someone else or use anyone else’s information, and agree to bear the consequences should you use anyone else’s information as your own.
- You also agree that you are to remain financially responsible for any purchases made by you, or by another person acting on your behalf, regardless of the information provided at checkout. Should information become available at a later date confirming you performed unauthorized use of a credit card or other payment information belonging to someone other than yourself, you understand and agree that you alone remain financially responsible for purchases made through our Website.
- Limitations of Liability: We will take reasonable precautions and measures to keep this information private. While we will attempt to monitor and resist any third party hacking or third party ability to gain access to confidential information held by us, you agree and understand we are not liable for any unauthorized access to or use of your information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs.
- You agree at all times to defend, fully indemnify and hold TeleWellness LLC and any affiliates, agents, team members or other party associated with us from any causes of action, damages, losses, costs, expenses incurred as a result of your use of our Directory or any products or services contained therein, as well as any third-party claims of any kind (including attorney’s fees) arising from your actions in relation to our Directory or any breach by you of any such conditions outlined herein. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge.
- We will attempt to monitor any comments and posts made by third parties and users as often as possible. Should you, as a user of our Directory, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material, and (2) agree not to take any action against us based upon the content posted by the third party. You understand we cannot be responsible for material posted by a user without our control, and agree to release us of any and all claims arising therefrom.
- Should you choose to utilize information offered on our website, whether free or for purchase, you understand that we are not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental, or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found on our Directory, or from products or services purchased therefrom from wellness experts. You also understand and agree that we are not liable for any damages incurring as a result of your reliance or use of information on our Directory written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims stemming from, or perceived to stem from, reliance on information contained on our Directory.
Limitation of Liability
- You understand and agree that the information offered via Directory is general information about various experts and practitioners that may not be suitable for all persons, businesses, locations, countries, or persons in specific situations. Your decision to use any information or contact a wellness expert from the Directory is purely voluntary. You agree and understand you will hold us harmless from any direct or indirect, perceived or actual damages or harm to your person or business as a result of choosing to utilize information found on or purchased from our Directory. We are not responsible for any result stemming from your decision to use information provided by us, nor are we responsible for your mental or physical health, income, finances, earnings, business, clientele, client base, or any other result, and you agree we are not liable for any such damages or losses incurring therefrom.
- You understand and agree that we are not to be held liable for any type of direct or indirect damages arising out of your use of our Directory, any information contained herein, any injuries sustained or medical ailments that arose as a direct or indirect cause of implementing information found on Directory, or any products or services purchased therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. You also agree that we are not liable or responsible in any way for any loss incurred by you or your business, including revenues, clients, business, goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data, nor any computer failure, computer virus obtained by use of our Directory, technical glitch or failure, defect or delay, or any other similar issue. You agree that your decision to use our Directory is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone.
- You also understand and agree that we make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of our Directory, the content herein, content distributed through email lists, social media, or via webinars. By using the Directory, you agree and understand that use of content and information found herein is to be used at your own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.
Release of Claims
- You also agree that under no circumstances will we be liable to any party for any type of damages resulting or claiming to result from any use of or reliance on our Website or any information or Content found therein, including any injuries sustained as a direct or indirect result of use of our programs or implementation of any information contained on our Directory, and you hereby release us from any and all claims whether known now or discovered in the future.
- You agree and understand we have the right to refuse or immediately terminate your access to our Directory at any time, for any reason, with or without notice. Should this occur, we do not owe you an explanation, nor is this decision subject to any appeals or legal action. If you made any purchases and we determine you are entitled to receive or allowed continued use of the purchased information, we will make this information available to you in a way we see fit, which you agree will be satisfactory to you.
- These Terms and Conditions shall be governed by the laws of the state of Texas. Should any dispute arise, you agree to resolve any claim or controversy arising out of or relating to these Terms and Conditions by Arbitration and/or a suitable Alternative Dispute Resolution in El Paso, Texas regardless of your location, and agree to be bound by the decision(s) of the selected Mediator. You also agree to participate in good faith in the mediation process, with failure to do so creating our right to pursue any other available legal remedies, including but not limited to alternate forms of dispute resolution or litigation.
- Should an arbitrator determine any portion of these Terms and Conditions is invalid or otherwise unenforceable, you agree all remaining portions of these Terms and Conditions shall remain valid and unaffected by the removal of any portion of these Terms and Conditions.
Should you have any questions with respect to any of the foregoing, please contact us at [email protected]