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Terms of Use

THERAINC INCORPORATION (THERANOW) TERMS OF USE

These terms and conditions of use ("Terms of Use") govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Therainc Incorporation ("TheraNow"), including the www.TheraNow.com website (the "Site") and the services available to users through the Site ("Services"). Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies, including how we collect and handle your personal health information and financial information.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY.

TheraNow does not provide any physicians' or other providers' services itself. All of the providers are independent of TheraNow and use the Service as a way to communicate with you. Any information or advice received from a provider comes from them alone, and not from TheraNow. Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither TheraNow, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any professional advice obtained from a health care provider via the Service or for any other information obtained on the website.

TheraNow does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service. You will be provided with a list of available providers located in the U.S. based solely on the information you, your employer or your plan sponsor provides to TheraNow. You are ultimately responsible for choosing your particular healthcare provider.

1. Ownership Of The Site And Related Materials

All pages within this Site and any material made available for download are the property of TheraNow, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.

2. Electronic Communications

When you use any TheraNow Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

3. Site Access, Security and Restrictions; Passwords

If you create a subscriber account for the TheraNow Site, you agree to complete the registration process by providing current, complete, and accurate information as required by TheraNow. You are responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password ("Protected Areas"), you agree to access Protected Areas using only your user ID and password as provided to you by TheraNow. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization. If you are under 18, you may use the TheraNow Services only with involvement of a parent or guardian.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. TheraNow will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

4. No Medical Advice or Services

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY.

TheraNow's providers are independent contractors and they provide the clinical services for TheraNow. All independent contractors are United States based and licensed providers who provide clinical telehealth services.

THE CONTENT OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS.

5. License And Access

Subject to your compliance with these Terms of Use and your payment of any applicable fees, TheraNow or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the TheraNow Services. This license does not include any resale or commercial use of any TheraNow Service, or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of any TheraNow Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Terms of Use are reserved and retained by TheraNow or its licensors, suppliers, publishers, rights holders, or other content providers. No TheraNow Service, nor any part of any TheraNow Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TheraNow.

6. Accuracy and Integrity of Information

Although TheraNow attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. Information contained on the Site may be changed or updated without notice.

8. User Information

If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site ("User Information"), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component.

10. Disclaimer of Warranties

THERANOW DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT.

11. Limitation of Liability Regarding Use of Site

THERANOW AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF TheraNow TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $1000 (ONE THOUSAND DOLLARS).

12. Dispute Resolution

TheraNow will try to work in good faith to resolve any issue you have with the Site, including services ordered or purchased through the Site. In the event we cannot resolve a dispute between us, you agree that all matters related to any use or access of the Site will be governed by the laws of the State of Texas, without regard to its conflicts of laws rules. Any claims or controversies arising out of this Agreement shall be exclusively in the state courts of the Judicial Circuit in Smith County, Texas.

13. Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

14. Indemnity

You agree to defend, indemnify and hold TheraNow harmless from and against all third party claims, damages and expenses (including reasonable attorneys' fees) against or incurred by TheraNow arising out of your breach of these Terms of Use or violation of applicable law, or access by anyone accessing the Site using your user ID and password.

15. Right to Modify Revisions; General

TheraNow reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms.

TheraNow reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. These Terms of Use constitute the entire agreement between TheraNow and you pertaining to the subject matter hereof.