Directory Terms of Use

Please print these Terms of Use for your records

By checking the box next to this Terms of Use and creating a free or paid account, you (hereinafter “Member”) confirm you are willingly and voluntarily creating an account on TeleWellness Hub, (free or paid, as outlined below) to be provided with services rendered by TeleWellness Hub, LLC (hereinafter “Company”). Member agrees he/she/they are voluntarily entering into a legally binding Agreement with Company, including the automatic renewal terms, if applicable, and inclusive of the following terms and conditions mutually agreed upon: 

For good and valuable consideration, the receipt and sufficiency of which has been confirmed by all parties, Member is electing to create a free or paid account as a wellness expert on the wellness directory, TeleWellness Hub (hereinafter “Directory”). In exchange, Company agrees to provide the services outlined in the Scope of Use below, and Directory Addendum attached hereto.  

  1. Scope of Use
     
    1. Member may elect to join Directory at one of several tiers (free and paid), depending on the extent of marketing and exposure desired. Member agrees to review the sales pages for TeleWellness Hub prior to purchase, to confirm the tier of Membership he/she/they would like to purchase, as well as the corresponding price and exposure offered for the selected tier. Tiers and available services within each tier are subject to change by Company, and Company may make updates or changes to the services at any time, including but not limited to adding tiers, updating pricing, and/or amending specific deliverables available at each membership tier. 
    2. Member acknowledges that he/she has read this agreement in full, reviewed all information regarding the available Membership levels and pricing, and conducted any additional research necessary to feel he/she understands what is being provided in each tier of the Directory as well as the limitations of each tier. Member agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Company’s website.  
    3. To access or use the Directory, Member must agree to these terms, create an account, and provide Company with all necessary credentials and contact information needed in order to create Member’s profile on the Directory. Member agrees he/she/they will not create an account if previously banned or removed from the Directory, nor will Member create an account for any third party or share his/her/their account login credentials with any third party. Member agrees to provide accurately, updated, and complete information, and to keep the account updated as information changes. Member will not create an account to impersonate another, that includes a username or credentials of another individual without proper authorization or include any profanity or offensive language in a username. Member understands and agrees he/she/they are solely responsible for maintaining the security of the account, and any actions taken in connection with or by Member’s account. If Company terminates Member’s account for any reason, Member may not create another account unless approved to do so in writing by Company. The company must be immediately notified of any unauthorized activity on Member’s account – Company will not be liable for any acts or omissions by the Member, including damages of any kind incurred as a result of any such actions or omissions. 
    4. The company reserves the right to deny access and/or use of the Directory to anyone at any time, for any reason, in its sole and absolute discretion. Directory may also be unavailable from time to time, due to routine maintenance updates, unforeseen interruptions to the Directory and/or Member access to the same due to circumstances within or outside Company’s control.  
  1. Confidentiality
    1. Once signed in as a free or paying member of Directory, Member will have gained access to various trade secrets and proprietary information belonging to Company. While there may be some graphics, information, and content designed to be shared by Member to promote Company and/or Directory, Member understands and acknowledges that any confidential content is not to be openly shared with others who have not purchased access to Directory, as a wellness expert or user. Member agrees not to share, copy, or distribute any information from inside Directory to others for their own commercial use, and that all content within Directory is for Member’s use only. Should Member breach this provision and disclose confidential or proprietary information belonging to Company or another participating in the Directory, Member understands additional action may be taken by Company up to and including legal action.  
    2. By joining Directory, you as the Member understand the information you choose to share with the Directory and Company will be made available to the public and will be searchable via the online Directory. Member understands he/she/they have no right to privacy with respect to the information they elect to share with Directory for the purpose of allowing users to find and contact them for wellness services. 
  1. Testimonials
     
    1. Company may request Member provide a testimonial to be published on Company’s website, or on various sales materials for this or another Program created by Company. Member understands that he or she is not required to give any testimony, and understands that the choice to do so is free up to Member. There will be no ramifications or change in the relationship between Company and Member if Member refuses testimonial. If Member accepts and provides Company with a testimonial, Member understands the material, along with a photo of Member, will likely be published on Company’s website or otherwise. Should Member agree to provide a testimonial, Member will agree to review and sign an additional Release, confirming same, and confirming Company’s rights to use Member’s testimonial. No payment or additional services will be provided in return for Testimonial, and Member understands he or she is granting Company an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Company as part of a Testimonial. 
  1. Payment and Payment Plans
    1. Member understands the cost to be included within the Directory is dependent upon which tier is selected: Member may select the “free” tier, at no cost, or any of the paid tiers to gain access to additional exposure and marketing services within Directory. All tiers and pricing options are available for a full review on Company’s website, with prices subject to change at the discretion of the Company. 
    2. Member may join via a “free,” “plus,” or “premium” plan. If Member elects to join via the “Plus” or “Premium” plan, Member will be billed $29 or $99 per month, respectively, and understands his/her/their credit card will be charged on a recurring basis each month in accordance with the Auto-Renewal Terms outlined below in paragraph five (5). Member understands he/she is responsible for the full payment each billing cycle (whether monthly, quarterly, or annually), and agrees to pay the sum requested electronically, via the Company’s website or a designated third-party payment processor of the Company’s choosing, in full. All fees due and payable under the Terms herein must be paid in full in accordance with the plan selected, and Member’s subscription will automatically renew at the end of each term unless or until properly cancelled by Member as set forth below. 
    3. Company reserves the right to cancel Member’s access to Directory should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Member understands she is not entitled to a refund of funds already issued to Company for access to Directory. If a Member wishes to rejoin Directory, he/she may do so at the current pricing and will lose access to any previous discounts or coupons applied throughout the previous membership.  
  1. Auto-Renewal Agreement (for Paid Directory Members Only)
    1. Member understands and agrees that continued access to any of the paid tiers within Directory requires recurring payments that will be automatically charged to Member’s card each month, on the same day of the month in which Member initially joined Directory. By purchasing exposure on Directory and agreeing to these Terms of Use, Member understands he/she will be automatically charged each month via the default card Company has on file at the time payment is due. This process will repeat unless and until Member properly cancels his or her membership to Directory. 
    2. CANCELATION POLICY: If Member wishes to cancel his or her paid membership, Member must do so more than 24 hours before the charge is scheduled to withdraw. Any requests for cancellation made less than 24 hours before the automatic renewal is scheduled to charge Member’s card, or made subsequent to the charge, will take effect the following term.
      1. HOW TO CANCEL: In order to cancel a membership, Member may cancel inside the membership portal inside the billing section, or Member must send an e-mail to marta@telewellnesshub.com with the subject line DIRECTORY CANCELATION, including the Member’s name, email address, and confirmation of a request to terminate his or her membership. Member will be notified upon the Company’s receipt of the email, and his or her membership will subsequently be cancelled prior to the following billing period, assuming it is more than 24 hours away. 
      2. As outlined above, if Member cancels his or her membership less than 24 hours before the automatic renewal is scheduled to charge Member’s card, Member acknowledges and agrees he or she will be charged for the next month and the cancellation will take effect the following month. Should this occur, Member will have access to Directory and all paid services for the term in which Member paid, with membership terminating thereafter. 
      3. If Member wishes to contest a Membership charge on the grounds that he/she cancelled the membership within the appropriate time period, Member must have proof of cancellation in order to obtain a refund of any membership charges. If no proof can be shown, Member’s last charge will stand, and his/her membership will terminate as of the following month. 
    3. IF Member purchased access to Directory during a period in which a free month(s), or trial period was granted, Member understands he or she will be automatically charged the full amount following the end of the trial period. Member may not be given any additional notice regarding the end of the trial period if on a monthly subscription basis and understands his/her card will automatically be charged the following month. 
    4. By checking the box on the purchase page confirming agreement to these Terms, Member also confirms he/she/they are giving their unequivocal, clear, affirmative consent and agreement with these automatic renewal terms, the cancellation policy, and that Member understands how to cancel Directory if desired. 
  1. Refund Policy
     
    1. The company is not able to offer refunds once Member has purchased access to a paid tier of Directory. If Member is dissatisfied with his or her membership, he or she may elect to Cancel via the CANCELATION POLICY outlined above in paragraph five (5), and will not be charged for the subsequent term. 
    2. Member further agrees and understands that changing his/her mind about the Directory, failing to follow through or understand the details of the Directory, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle Member to a refund.
  1. Technology
    1. The company is not responsible for any specific technology Members may need in order to adequately view and utilize Directory. Member’s inability to access Directory due to a technology issue or lack of access to Canva or other design programs does not qualify Member for a refund, nor does it alleviate Member of his or her responsibility to make payments, unless or until Member’s membership is properly cancelled in accordance with the cancellation policy in paragraph five (5). 
    2. The company may also link to third-party websites throughout the Directory. Member understands these third-party sites are not affiliated with nor controlled by Company. Please review any third-party website’s terms and privacy policy prior to continuing to such website. Company is to have no liability or responsibility for Member’s independent decision to click on or utilize a third-party website linked within Directory, or any subsequent purchases made therefrom.
  1. Voluntary Participation
    1. Member understands and agrees that he/she is voluntarily choosing to purchase exposure and additional services through Directory, and is solely responsible for any outcomes or results. While Company believes in its services and that Directory is able to help many people, Member acknowledges and agrees that Company is not responsible nor liable to Member should Member incur harm or encounter any negative ramifications due directly or indirectly to Directory or the content thereupon.  
  1. Disclaimer /No Guarantees
    1. The company cannot guarantee results or additional exposure stemming from the Directory and cannot make any representations or guarantees regarding individual results. Member will hold Company harmless if he or she does not experience the desired results, including but not limited to increased social media following, increased traffic, increase in client inquiries and/or purchases, and business and revenue growth.  
    2. Member understands that all services provided by Company in connection with the Directory are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Member is choosing to purchase exposure and marketing via Directory and work with Company on a purely voluntary basis and does not hold Company responsible should Member become dissatisfied with any portion of the Directory, or should Member encounter any negative response or reaction from his/her following, social media accounts directly, or otherwise. 
    3. Member agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following a certain amount of time on Directory, as long as the Company delivers the Directory services as described in the Addendum below.
  1. Assumption of the Risk
    1. Directory functions as a platform allowing members to advertise, post information about his/her business and offer additional ways to be contacted for Directory users to obtain additional information about Members’ offerings and services. As with any online platform, Member understands there is a risk to posting information online, including contact information. Member hereby assumes that risk and has independently concluded that any such risks are outweighed by the benefits of membership and marketing his/her business on Directory. While Company will do everything reasonably possible to prevent any issues, harassment, or bot responses on Directory, Member will not hold Company responsible or liable in any way for any negative experiences stemming from Directory users contacting members or misusing the platform.  
  1. Intellectual Property
     
    1. The company offers a strategic wellness Directory designed for licensed, experienced, and/or qualified wellness experts and professionals to advertise their services and tell potential clients/patients about their business.  Member agrees on nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Company to Member, nor grant any license to use the information, other than that which is expressly provided herein.  
    2. Member agrees and understands he/she is not to sell, assist others in selling, distribute, or in any way exploit any of the content or intellectual property provided by Company or obtained through the Directory without Company’s express written consent. If such behaviour is discovered or suspected, Company reserves the right to immediately end the Member’s participation in the Directory without refund and reserves the right to prosecute any actionable infringement or misuse to the full extent of the law.  
    3. License to Company. Member grants Company an irrevocable, worldwide, perpetual, royalty-free, assignable, sublicensable, transferable license to use, edit, share, modify, distribute, prepare derivative works of, display, publish, and share any Member Content created and/or posted in connection with Directory. Member understands Member Content, once posted, may not be immediately withdrawn.
  1. Member Content and Information
    1. Member represents and warrants that any and all content and/or information provided to Company or posted on the Directory (“Member Content”) shall be true, accurate, and complete, shall not be misleading and will be regularly maintained to ensure it is properly updated. Member will hold Company harmless from any claims made by Director users who learn of Member posting false, outdated, or misleading information about him/herself on Directory with respect to wellness services offered. 
    2. Company shall have no responsibility or liability for Member Content, including but not limited to the deletion thereof, accuracy, security, privacy, protection thereof, or any other expectations Member may have had regarding Member Content on the Directory. 
    3. Assignment of all Rights to Company. If Member provides any feedback to Company, Member confirms he/she/they will have any and all intellectual property rights to that feedback, and that such feedback is not violating the rights of any third party. Member hereby fully and completely assigns any and all intellectual property rights to Company in connection with any feedback, suggestions, ideas, or other content Member may provide to Company throughout its membership. While Company has no obligation to use any such feedback, and Company cannot guarantee it will implement suggestions or feedback given, Member confirms any such feedback or suggestion given shall include a permanent and irrevocable assignment to the Company of any and all intellectual property rights therein. 
    4. Content Provided by Company or Others. The directory will include content from Company, other Members, and other third-party collaborators from time to time, including information about products, packages, and services, and ways to contact other members. Member assumes all risks associated with the decision to contact or purchase from another member, including reliance or assumption of quality, accuracy, or reliability. The company does not control all content that is put out into the Directory and disclaims all liability for same. It is the Member’s responsibility to independently decide whether to contact anyone from Directory and/or purchase a product or service from them based upon the information posted in Directory.   
  1. Digital Millennium Copyright Act (“DMCA”)
  1. Section 512 of the DMCA grants immunity from copyright liability to websites that passively host user content. To qualify for the DMCA Safe Harbor protection, certain requirements must be met. By actively confirming agreement to these Terms, Member agrees that he/she is solely responsible for selecting and uploading content to Directory. The company aggregates content from users in a non-selective way to meet Safe Harbor requirements.
  2. By posting Member Content to Directory, Member agrees to hold harmless and indemnify Company of any copyright liability should Member post infringing content. Member also agrees to Company’s Notice and Takedown procedures as outlined below. 
  3. The company takes the intellectual property rights of others extremely seriously and does not tolerate Members or collaborators posting content that infringes the rights of another. Per the Digital Millennium Copyright Act (DMCA), Company will respond expeditiously to any claims that any content posted by a member includes copyright infringement. 
  4. Registered Copyright Agent. The company has designed an agent for the service of copyright claims, which has been outlined below and filed with the U.S. Copyright Office via an online filing. This individual has been designated the Copyright Agent within Company, and can be reached at the following address:

[Martamaria Frappier Hamilton, CEO]

[4501 Osborne Drive El Paso, Texas 79912]

[marta@telewellnesshub.com]

  1. Notice and Takedown Procedure. The company abides by the federal DMCA and takes notices of alleged infringement that comply with the DMCA and other applicable laws very seriously. Upon receipt of a DMCA-compliant notice of infringement, Company will promptly take down or block access to the allegedly infringing matter and will contact the Member or collaborator in question so they may take further action in accordance with the DMCA. If you as a Member are contacted by Company regarding an allegedly infringing post or information on Directory, it is your responsibility to comply and timely respond. 
  2. To file a notice of infringing material with the Company, interested parties will provide the following information to our Copyright Agent, sent to the address above:
    1. Reasonably sufficient details for identification of the copyrighted work which is claimed to have been infringed;
    2. Reasonably sufficient details to enable Company to identify and locate the material that is claimed to be infringing (e.g. a website linking to the page in question);
    3. Contact information for the copyright holder;
    4. A statement that the complainant believes in good faith that the use of the allegedly infringed material is not authorized by the copyright owner, its agent, or the law; 
    5. A statement that the above information is accurate and, under penalty of perjury, that the complainant is the owner or is authorized to act on behalf of the owner of the copyright, or is the owner of one of the exclusive rights under copyright law that is allegedly infringed, and; 
    6. A physical or electronic signature of the copyright holder or its agent.
  1. Repeat Infringer Policy. 

    If any Member is accused of copyright infringement more than once, he or she will be promptly removed from Directory, the account will be terminated, and the Member will not be able to apply to be included within the Directory again. The company maintains records of DMCA takedown notices to ensure compliance with this policy, and members, agree to this policy and this standard by completing the Members’ application to write. 

  1. Indemnification
    1. Member agrees at all times to defend, fully indemnify and hold Company and any affiliates, agents, team members or other party associated with Company harmless from any causes of action, damages, losses, costs, or expenses incurred as a result of Member’s use of Directory, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Member’s participation in Directory. Should Company be required to defend itself in any action directly or indirectly involving Member, or an action where they decide Member’s participation or assistance would benefit Company’s defence, Member agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Company, free of charge.  
  1. Waiver
    1. Member hereby forever discharges and releases Company, its affiliates and each their subsidiaries and their respective employees, contractors, directors, suppliers and representatives from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, and/or that relates directly or indirectly to: (i) the Directory (ii) any inaccurate, incomplete, unreliable, illegal or infringing content posted within the Directory, whether caused by Company or any collaborator or user of the Directory, or by any of the equipment or programming associated with or utilized within Directory; (iii) the conduct, whether online or offline, of any user; (iv) any injury, loss or damage caused by another member or Member Content posted on the Directory; and (v) any error, omission, interruption, deletion, defect, delay in operation and/or transmission, communications line failure, theft and/or destruction and/or unauthorized access to, and/or alteration of, the Members’ communications.  
  1. Term; Termination
    1. Following Member’s agreement to these Terms of Use, it is to remain in full force and effect throughout the duration of Member’s membership, unless or until terminated by either party as outlined below, with the exception of all provisions intended to survive termination of the agreement, which shall remain intact following termination. 
    2. Termination: 
      1. Termination by Company: Company may terminate this Agreement at any time, for any reason, within its sole and exclusive discretion, due to Member account suspension, Member breach or abuse of services of any kind, or Company’s determination that it is not a fit for Member to continue with Company. 
      2. Termination by Member: Member may elect to terminate this Agreement at any time by cancelling his/her membership in the manner outlined above. This Agreement shall remain in full force and effect until Member’s membership has ended, following notice of termination. 
  1. Dispute Resolution 
  1. Should a dispute arise between Company and Member, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Member agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Company responsible for any specific results, or those results which have been achieved by other Members of Directory.) 
  2. If unable to reach a resolution informally, Member and Company agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in El Paso, Texas within a reasonable amount of time. Member and Company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgment of law or decree. 
  3. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. 
  1. Applicable Law
    1. This Agreement shall be governed by and under the control of the laws of Texas regardless of conflict of law principles, and regardless of the location of the Member. Member understands this and agrees that the laws of Texas are to be applicable here. 
  2. Force Majeure
    1. Neither Company nor Member will be liable for any failure or delay in the performance of responsibilities and obligations hereunder, other than payment obligations by the Member, caused directly by events or factors outside the parties’ control, including but not limited to illness, injury, attacks, shortages, riots, pandemics, fires, earthquakes, acts of God, war, strikes, terrorism, technology issues, and governmental action. 
  1. Changes to Terms
     
    1. The company may make changes to this Agreement from time to time, or other policies and procedures within Company. In the event of such a change, Company will post the updated terms, and notify all Members of the changes, and it will be Member’s responsibility to review the updated Terms prior to accessing Directory. Accessing and/or using the Directory after the updated Terms have been posted shall constitute full and complete acceptance of the updated Terms. If Member does not agree with some or all of the updates within this Agreement, Member is advised to cancel his/her/their membership immediately. All subsequent use of the Directory shall constitute acceptance of the Terms in their most updated version.  
  1. Amendments
    1. This agreement may be altered, amended, changed, extended, or updated depending on current laws, the structure of the Directory, or the Company’s business. Member’s continued use of the Directory constitutes an agreement to the most updated version of this Agreement. 
  1. Survival.
     
    1. All provisions which, by their nature, should survive termination of this Agreement shall survive, including without limitation licenses, intellectual property rights, warranty disclaimers, indemnity and hold harmless provisions, limitations of liability, confidentiality, and non-disclosure. 

CONTACT: Member may contact Company via email at:marta@telewellnesshub.com or may serve notice to the following address: 4501 Osborne Drive, El Paso, Texas 79922