Graceful Health and Wellness, PLLC
TERMS AND CONDITIONS OF WEBSITE USE
Effective Date: 07/08/2024
Last Revised Date: 07/08/2024
Introduction
These terms and conditions (“Terms”) apply to your use of this website and any information stored therein as well as any products and services offered through any of the foregoing (collectively, “Website”, or “Site”), owned and operated by Graceful Health and Wellness, PLLC (the “Company,” “we,” “us,” or “our”).
This Website provides information, education, and other services and products to a user of the Website (“you” or “Customer” or “User”). This Website and any and all content or services available on or through this Website are provided for informational purposes only and do not constitute the practice of medicine or any other professional judgment, advice, diagnosis or treatment, and should not be considered or used as a substitute for the independent professional judgment, advice, diagnosis or treatment of a duly licensed and qualified healthcare provider. In case of a medical emergency, you should immediately call 911.
Eligibility
The Website is provided solely to individual third-party users over the age of 18 (“Users”). You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into agreements including this Terms of Use.
Acceptance
This Terms of Use document (“Terms of Use” or “Agreement”) is a legal agreement between you and the Company. It states the terms and conditions under which you may access and use the Website and all written and other information and materials displayed, linked to, or otherwise made available through the Website, including, without limitation, text, pictures, graphics, logos, illustrations, audio clips, video clips, computer software and code, as well as information electronically submitted to us via the Website (collectively, the “Website Content”). Your access to and continued use of the Website constitutes your agreement to be bound by these Terms of Use. If you do not accept these terms and conditions, you must not access or use the Website.
We may revise and update these Terms at any time. We suggest that you check the Site periodically for any updates to the Terms. Your continued usage of the Website after an update to the Terms means you accept those updates
Intellectual Property
You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by the Company and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide.
Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
Copyrights and Trademarks
Violating the trademark or copyright rights of others is a violation of these Terms. Nothing on this Website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright of Graceful Health and Wellness, PLLC or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise noted, Graceful Health and Wellness, PLLC is the owner of all trademarks and service marks on this Website, whether registered or not.
Proper Use
Graceful Health and Wellness, PLLC grants you, as a User, permission to access and view the Site and its Content, for your personal, general, non-commercial informational purposes only. The Site and its Content are NOT a substitute for the exercise of independent professional judgment by any healthcare provider or any other professional (including any User), including with respect to the diagnosis or treatment of any patient, and including without limitation such provider’s obligation to independently confirm the completeness and accuracy of information, such as any Content accessed hereunder, in accordance with generally accepted standards of good medical practice applicable to the provider’s profession in the applicable jurisdiction(s).
Unauthorized Use
Unauthorized use of this Website is prohibited. The following uses are expressly unauthorized:
Gathering, monitoring, or copying any content on this Website by using any crawler, spyware, engine, robot, “bot,” spider, device, extraction tool, software, or any other utility, automatic device, or manual process of any kind without our express permission.
Collecting information about others including, without limitation, e-mail addresses, without their explicit consent.
Interfering, or attempting to interfere, with the operations of the Website or using any device or software that will interfere, or attempt to interfere, with the operations of the Website; or posting any unauthorized material to the pages of the Website or the databases that power it.
Attempting to circumvent Website security in any way; probing or testing the vulnerability of the Website or any network connected to the Website; or hacking, breaching, or attempting to breach any part of the Website, its security or authentication measures, or any network connected to the Website, including the content management system and source code.
Uploading or submitting any data or information containing viruses, trojans, worms, malware, or any other computer code, corrupt file, program or component designed to interfere with this Website or its use, or the use of any software, hardware, networks, servers, computers, electronic devices, or other equipment of ours or any third party.
Submitting any content in such volume as to disrupt use of this Website; or taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website.
Taking any action or making any communication that is inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, abusive, or a violation of the our legal rights (including, without limitation, privacy and publicity rights) or the legal rights of a third party.
Violating the copyright, trademark, or other intellectual property rights of any other person or entity.
Posting Submissions (defined below) or any other content using any manual or automatic posting tools other than those provided by us, unless you have received our express written consent.
Improperly assuming or claiming the identity, characteristics, or qualifications of another person or entity.
Conducting or forwarding surveys, contests, pyramid schemes, or chain letters.
Taking actions to seek or discover any materials or information, including passwords, through or in connection with the Website, except as authorized by these Terms and as intentionally made available to you through the Website.
Attempting to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website.
Interfering or attempting to interfere with the use of the Website by other users.
Violating any applicable laws or regulations.
Posting hyperlinks to other websites that contain content that falls within the descriptions set forth above.
Attempting to use this Website for any purposes other than those intended by us, as determined in our sole discretion.
Submissions
Any content, remarks, suggestions, testimonials, feedback, ideas, graphics, reviews, comments, advertisements, listings for products and/or services, leads, or other information communicated to us through this Website (together, the “Submissions”) which you post, input, or submit to the Website or our associated services is considered to be non-confidential and public. We do not claim ownership of your Submissions, however, you hereby grant to us the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions alone or as part of other works (including, without limitation, for products or advertising) in any form, media, or technology whether now known or hereafter developed, without incurring any liability for royalties or any other consideration of any kind, and to sublicense such rights through multiple tiers of sublicensees. You agree that we shall not be liable as a result of any similarities that may appear between Submissions and our future operations and/or content
You agree that all Submissions provided on this Website are the sole responsibility of the person or entity from which the Submissions originated, and that you are responsible for any Submissions that you post on this Website. By posting, uploading, inputting, providing or submitting your Submissions, you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You further represent and warrant that you are the sole author of all Submissions you post or submit to the Website, and that such Submissions do not infringe upon the copyright, trademark, privacy, publicity, or other rights of any person or entity. You agree that we may at any time delete, refuse or move Submissions posted to the Website for any reason.
By way of example, and not as a limitation, you agree your Submissions will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or electronic device; conduct or forward surveys, contests, pyramid schemes or chain letters; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Website; violate any code of conduct or other guidelines which may be applicable for any particular Submission; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.
We have no obligation to monitor Submissions. However, we reserve the right to review and to delete, remove, edit, move, or decline to post any Submissions on the Website in our sole discretion. You are exclusively responsible for the accuracy of all Submissions you post or submit to the Website. If you believe information in your Submission is incorrect or you have concerns with our services regarding your Submission, you must notify us immediately. If any information in your Submission is found to be fraudulent, we reserve the right to immediately deactivate your user account and remove your Submissions without any form of compensation or advance warning.
No compensation will be paid with respect to the use of your Submissions, as provided herein. We are under no obligation to post or use any Submissions you may provide and we may remove any Submission at any time in our sole discretion.
Additional Resources
There may be additional sites, services, widgets, embeds, social media, software, or other third-party features that linked to or offered by Graceful Health and Wellness, PLLC via the Site (“Additional Resources”). We are not responsible for the accuracy or content of information contained therein. These Additional Resources may have their own terms of use and agreements that may contain additional or different terms and requirements than those set forth in these Terms. You are advised to check for and review the agreements associated with these Additional Resources. In the event of a conflict between these Terms and the terms of the Additional Resources, the terms of the Additional Resources shall govern with respect to use or access of such Additional Resources.
Privacy and Security
Graceful Health and Wellness is committed to protecting your online privacy. Please review the Site’s “Online Privacy Policy” for details.
No Warranty
Neither the Site nor its Content is, nor should be viewed as, the sole source of information on the matters addressed therein. While the Content may be periodically updated, no guarantee is given that such information is correct, complete, or up-to-date. The Site and Content are made available for appropriate access and use only, on an “as is” basis, with no warranty of any kind. All access to, and/or use or further disclosure of, the Site and Content is entirely at Users’ own risk. Graceful Health and Wellness, PLLC, and its owner, employees, and contractors (collectively, the “Graceful Health and Wellness, PLLC Representatives”) have NOT made and are NOT making, and hereby disclaim, any warranties or guarantees with respect to the Site or Content, express or implied, including without limitation as to ease of or secure, timely or continuous access to, or as to freedom from any possible consequences such as loss of data or viruses or any other contamination or destructive software or programs or code arising from or in connection with such access to or use of, or otherwise as to merchantability, accuracy, completeness, adequacy, timeliness, non-infringement or fitness for any particular purpose of, the Site or Content. Users and their respective Institutions solely assume all risk associated with possible loss, destruction, inaccuracy, incompleteness, untimeliness or corruption of their data, intentional intrusion, unauthorized access, use or disclosure, failure or delay, and interruption arising out of, in connection with or otherwise relating in any way to, the access or use of the Site or Content.
Limitation of Liability
Neither Graceful Health and Wellness, PLLC nor any Graceful Health and Wellness, PLLC Representatives, have or shall have, and all hereby expressly disclaim, any and all responsibility or liability of any kind to a User, any Institution, or any third party resulting from, arising out of, relating to, or otherwise connected in any way with any use of, reference to, or reliance on the Site or Content by Users, any Institution, or any third party.
To the maximum extent permitted by applicable law, you, on your own behalf, hereby release and hold harmless and waive all claims against Graceful Health and Wellness, PLLC and Graceful Health and Wellness, PLLC representatives from and with respect to any claims, suits, damages, fines, penalties, costs, expenses (including costs and attorneys’ fees), or other losses of any kind or nature (“Loss”), arising out of or in any way connected with your access to or use or disclosure of the Site or its Content, whether or not Graceful Health and Wellness, PLLC or Graceful Health and Wellness, PLLC Representatives have been advised of the possibility of such Loss. Users who are residents of other states and nations waive on their behalf and, if applicable, that of their Institution (and that of any others who may claim by or through any of the foregoing), any and all rights under otherwise applicable laws, statutes, regulations or other binding legal authorities, that conflict with these Terms.
Hold Harmless and Indemnification
By accessing the Site or Content, you hereby waive all claims for, and agree to indemnify and hold harmless Graceful Health and Wellness, PLLC and Graceful Health and Wellness, PLLC Representatives from and against, any and all claims or Loss arising out of or in connection with your access to or use or disclosure of the Site or Content and your other acts or omissions arising out of or in connection with these Terms, whether or not Graceful Health and Wellness, PLLC has been advised of the possibility of such Loss. You agree that you are responsible for your use of the Site.
No Assignment
You shall not assign the Terms or assign any of your rights or delegate any of your obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Graceful Health and Wellness, PLLC’s prior written consent. Any such purported assignment or delegation without Graceful Health and Wellness, PLLC’s prior written consent will be null and void and of no force or effect.
Relationship of the Parties
It is expressly understood that each party to the Terms is an independent contractor, and that nothing herein shall be construed as creating a partnership, joint venture, agency, or employment relationship between you or your Institution and Graceful Health and Wellness, PLLC. Neither you nor your Institution shall have any right, power or authority, express or implied, to bind Graceful Health and Wellness, PLLC. Nothing in this Agreement is intended, nor shall be deemed, to confer any obligation to, or to confer any rights or any benefits on, any non-party.
Miscellaneous
These Terms constitute the entire agreement between Graceful Health and Wellness, PLLC and you and (if applicable) your Institution with respect to the subject matter hereof, and all prior agreements, representations, statements and undertakings, whether oral or written, are hereby superseded and cancelled. Neither these Terms nor any rights or obligations hereunder may be modified, amended, assigned or transferred by you or your Institution without prior written consent of Graceful Health and Wellness, PLLC. If any provision of these Terms is held to be invalid or unenforceable by a court or other legal authority having jurisdiction over Graceful Health and Wellness, PLLC, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Any failure by Graceful Health and Wellness, PLLC to act with respect to a breach by you or others does not waive Graceful Health and Wellness, PLLC’s right to act with respect to subsequent or similar breaches. The failure of Graceful Health and Wellness, PLLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
The section headings and subheadings contained in these Terms are included for convenience only and shall not limit or otherwise affect the Terms. These Terms shall be governed by, construed, performed, and enforced in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule thereof. Because the Site is controlled, operated, and provided by Graceful Health and Wellness, PLLC from its office in Texas and are made available only for educational or informational purposes, you agree that Graceful Health and Wellness, PLLC’s actions hereunder do not constitute “doing business” in any specific jurisdiction or soliciting business for Graceful Health and Wellness, PLLC or any of its affiliates or subsidiaries or establishing “minimum contacts” in any state outside of Texas. Any action or proceeding seeking to enforce, or based on any right arising out of, these Terms, may be brought against any of the parties hereto, whether brought during the term hereof or thereafter, only in the courts of the State of Texas, or, if it has or can acquire jurisdiction, in the United States District Court for the Eastern District of Texas, and each of the parties hereto consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any action or proceeding brought hereunder and waives any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world. If you have questions regarding the Terms, please contact us.