The Terms and Conditions Agreement (“Agreement”) covers the offerings on Empowered Wellness LLC’s (“Company’s”) website and associated mobile applications (to be also referred as “Site” or “Sites”).
By using these Sites, you unconditionally agree to follow and be bound by this Agreement and our Privacy Policy. If you do not agree to be bound by and comply with all of the terms of this Agreement, please exit the site immediately and do not use, access, and/or browse the site.
USERS
The Sites are available only to users who are at least 18 years old. If you are using the Sites on behalf of a child, please do not provide information relating to such child unless you have obtained the child’s parents’ or guardians’ consent, including their consent to our Privacy Policy. By accessing and using the Sites, you shall ensure that any and all registration information you submit is truthful and accurate, you will maintain the accuracy of such information, and your use of the Sites will comply with and does not violate any applicable law, regulation, order or guideline.
DISCLAIMERS TO USERS (“CLIENTS”)
EMPOWERED WELLNESS, LLC IS NOT PROVIDING ANY MEDICAL ADVICE OF ANY KIND. We make no representations or warranties whatsoever as to the accuracy, currency, or completeness of any information contained on the Company’s Sites. Information regarding medications, health, medical advice and otherwise may be provided by medical and social works professionals (“Providers”) with whom you choose to engage. Your use of the Sites is at your own risk. You must consult with providers and can make medical decisions based on their advice.
Our Sites enable communications between clients and providers. Any actions you take based on content, notifications and otherwise provided by the service are taken at your sole risk. To the fullest extent permitted by law, in no event will the Company, its officers, directors, employees, agents, and/or its Providers and suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages whatsoever for any use of the Sites including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if expressly advised of the possibility of such damages.
If you use and/or access the Service from a desktop, tablet, on or from an Android device or from an iOS device, the Company shall not be responsible for the security of your data, including your personal information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.
We will investigate suspected violations of this Agreement or illegal and inappropriate behavior using these Sites. Please note that we will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behavior or activities of anyone believed to have violated this Agreement or to have engaged in illegal behavior.
TECHNOLOGY AND SUPPORT
We do not warrant or guarantee that the Sites will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Sites.
Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about (1) the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the Site, and software, text, graphics, links, or communications provided on or through the use of the Site.
We have no obligation to provide technical support or maintenance for the Site.
Although we take reasonable measures to keep the Site secure from viruses, worms, Trojan horses or other destructive code, we do not warrant or guarantee that files available for downloading through the Sites will be free of such contaminations.
USER’S RESPONSIBILITIES
The software and documentation are protected by copyright laws as well as international copyright treaties. You agree that 1) you will not reproduce, duplicate, copy, sell, resell, or exploit the Site, its content, its software or any portion of any of the foregoing; 2) you will not use the Site for any malicious purposes in violation of local, state, national or international laws; 3) you will not solicit another person’s password or personal information under false pretenses; 4) you will not infringe the intellectual property rights, privacy rights, or moral rights of the Company or any third party; 5) you will not publish falsehoods or misrepresentations, including with respect to any medical or health information; and 6) you will not post or transmit any Content that is, or reasonably should be, understood to be libelous, defamatory, obscene, or offensive, even in the judgment of the Company.
You agree not to interfere or attempt to interfere with the proper working of the Sites or to disrupt the operations or violate the security of the Sites. Violations of system or network operation or security may result in civil or criminal liability. We will investigate possible occurrences of such violations, and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations. You agree to comply with all user responsibilities and obligations as stated in this Agreement. Non-enforcement or our failure to act with respect to a breach by you or others of this Agreement does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing contained in this Agreement shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct.
LICENSE GRANT
We hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable license to access and use our Sites, and any specifications or related documentation, subject to the terms and conditions of this Agreement. This license is only for your personal and non-commercial use and only for the term of this Agreement. To the extent not limited or restricted under any applicable law or regulation, you are granted permission to temporarily download one copy of the App for personal, non-commercial use only on each mobile device that you own or control. You may not distribute or make the Sites available for use by others on multiple devices simultaneously.
The Sites may from time to time contain material, data, or information provided, posted, or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither the Company nor its affiliates shall have any liability whatsoever to you for any such third party material, data, or information.
OWNERSHIP
The Company and its licensors own the Sites, including certain material or content made available through the Sites. Except as expressly permitted herein, you may not copy, further develop, reproduce, re-publish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Sites. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Sites. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.
INFRINGEMENT
We accept no responsibility or liability for any material provided or posted by a user, at his solely discretion. We will make a reasonable effort to monitor and moderate the content posted by users for any obvious illegal content. If you believe that something appearing on the Service infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. It is our policy to terminate the accounts of repeat infringers in appropriate circumstances. Send notices and counter-notices to info@empoweredwellness.org.
TERMINATION
This Agreement is effective until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of the Sites. If you violate this Agreement, our permission to you to use the Sites automatically terminates. We may, in our sole discretion, terminate this Agreement and your access to any or all of the Sites, at any time and for any reason, after notifying you, without penalty or liability to you or any third party. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon any termination of the Agreement by either you or us, you must promptly uninstall the App on all of your devices, cease to use the Website, and destroy all materials downloaded or otherwise obtained from the Sites, all Documentation, and all copies of such materials and Documentation. The provisions in this Agreement survive the expiration or termination for any reason whatsoever.
CHOICE OF LAW AND FORUM
This Agreement shall be governed in all respects under the laws of the State of Maryland, exclusive of its choice of law or conflict of law provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Service, you irrevocably agree to submit to the exclusive jurisdiction of the courts located in Maryland.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you pertaining to the subject matter hereof. Anything contained in or delivered through the Sites that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement.
SEVERABILITY
If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
ASSIGNABILITY
You agree that this Agreement and all incorporated agreements between you and us may be assigned by us, in our sole discretion to any third party.
MODIFICATIONS OF THIS AGREEMENT
We reserve the right to update or modify Terms and Conditions at any time. By continuing to use the Sites after any such changes, you agree to follow and be bound by this Agreement as changed.
CONTACT INFORMATION
All notices to you relating to this Agreement shall be posted on the Sites or sent to you at the e-mail or physical address, if any, that you provided to us. All notices to us relating to this Agreement may be made either by e-mail to info@empoweredwellness.org.
Notice shall be deemed given when notice is posted on the Sites or when the e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
This policy covers the offerings on Empowered Wellness’ website and associated mobile applications.
It is our obligation to keep your personal information safe and secure. That said, no service can be completely secure, so if you (client) have any concerns that your account or personal information has been compromised (e.g., someone is using your password), for example if someone could have found out your password, please contact Support immediately.
Standards
Privacy standards are evolving. In the meantime, we will adhere to privacy standards set at the national/state/union level, such as the Code of Fair Information Practice in the United States, the California Consumer Privacy Act (CCPA) or California Online Privacy Protection Act (CalOPPA) in California, or the General Data Protection Regulation (GDPR) in the European Union.
Providers
You can grant permission to providers (e.g., doctors, social workers, other individuals who may be involved in your treatment) to access your personal profile information and any data/information such as mood/sentiment data, data from assessments, records of previous contact with other doctors and other providers, such as text messages or video sessions, or records of contact with current providers; and visual tools.
You can also opt to not provide permission to providers at some point. Providers are under the obligation to prevent the dissemination of client data to external sources even after the relationship between client and provider is severed.
Researchers
We may sell or share information with researchers, provided that it does not include personal identifiers such as name, address, and age. We do share this information in anonymized form in these ways: we conduct research activities and may provide your data/information to research partners, which includes mood/sentiment data, data from assessments, records of contacting doctors and other providers, such as text messages or video sessions; and visual tools.
Providing information as required by law
We might also share your information if we have to by law, or when we need to protect you or other people from harm.
Cookies
We use cookies and tracking to get information about what type of device you’re using to access our services, including your IP address (a unique number your device creates every time you connect to the internet), user preferences, profile images and other information that may even be collected by third parties, such as an app store.
Devices include your desktop or laptop computer, mobile device, tablet, or any other communications device used to enable use of the Empowered Wellness website or associated mobile applications.
Changes and deletions to your account
You may request changes to your data by contacting Support, or if you can do it more directly, make the necessary changes through the website or application.
You can delete your account. Although your account information is immediately deleted, we will still retain data that was collected, for use by researchers. This data will be anonymized as not to compromise your identity.
Company usage of data/information
We use your data/information to provide our services and to supply you with information about using them to your advantage. We also use your data to support your requests and complaints with the intent of making your user experience the best one possible.
Breaches
Your data is stored in a secure cloud environment. Access is limited to specific client data, by the client and designated providers.
Breaches may occur for one reason or another. Given that the storage of data resides on a third party server that itself provides some level of guarantee of security and privacy, Empowered Wellness, LLC is not liable for breaches arising from cyber-related activity.
Updates
We may update the Privacy Policy from time to time. We will notify you by email or on the website or mobile application of any material changes in the policy if it is the first time you have logged in since the policy was instituted.
Per applicable laws, some jurisdictions may require informed consent of these changes, and acceptance of terms would be required before continuing to use the website or mobile application.