Terms & Conditions

These Terms and Conditions (this "Agreement") govern your use of all of the products, services, and websites offered by the au wellness company, the mobile or tablet versions thereof, any the au wellness company software, and any applications created by The AU Wellness company (collectively, the "service"). Please read this agreement very carefully before using the service. This agreement contains terms that limit our liability to you and govern how we handle disputes related to the service, including a waiver of your right to a jury trial and to pursue a class action.

  1. Acceptance of Terms

This agreement sets forth legally binding terms for your use of the service. By using the service, you represent that you are of legal age to form a binding contract and agree to be bound by this agreement, whether you are a "visitor" (which means that you simply browse the service) or you are a "member" (which means that you have registered on the service as a user). If you do not accept the terms of this agreement, you should leave the service and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on the service. you agree to be bound by any modification to this agreement when you use the Service after any such modification is posted; It is therefore important that you review this agreement regularly.

  1. Important healthcare disclaimers

Please be aware of the following healthcare-related disclaimers that apply to the services:

  • The resources, articles, and other information made available on or through The AU Wellness company service are for reference and educational purposes only. While we hope the information is useful in your healthcare journey, we do not intend the information to be complete or exhaustive or to provide any medical advice, diagnosis, or treatment.

  • Do not consider or rely on any services or information offered by The AU Wellness company as professional advice, diagnosis, or treatment, including any mental health concerns. do not disregard, avoid, delay, or defer any treatment based on the services or any information available therein. nothing stated or posted on the services, or made available through the services, is intended to be, and must not be taken to be, the practice of medicine or other healthcare professions.

  • If you experience a medical emergency, immediately call a healthcare professional and/or 911. Always consult with a qualified and licensed physician or other healthcare professional and follow their advice without delay regardless of any of our content or services. your use of the services is solely at your own risk.

  • No doctor-patient relationship is created when you use the services. Healthcare professionals use the services to share content with you, but your use of the content is not a substitute for healthcare. We encourage healthcare providers to use the services responsibly, but we have no control over them and cannot guarantee the availability of any healthcare provider at any particular time. we will not be liable for canceled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom or related to your use of the services.

  • You are responsible for choosing your own healthcare provider. You are also responsible for determining whether the applicable healthcare provider is suitable for your healthcare needs based on specialty, experience, licenses, and other important qualifications.

  1. Selection of healthcare providers

The AU Wellness Company or our designee takes certain limited steps to verify that healthcare providers listed on the service hold certain active licenses, certifications, or registrations required by law to practice the specialties of services offered by them on the service. We may, at our discretion, exclude healthcare providers from the service who have engaged in inappropriate or unprofessional conduct.

Some healthcare providers listed on the service enter into contracts with us and may pay us a fee in order to be marketed through or to use the service. to help you find healthcare providers who may be suitable for your needs, and enable the maximum choice and diversity of healthcare providers participating in the service, we will provide you with lists and/or profiles of healthcare providers. These results are based on information that you provide to us, such as insurance information, geographical location, and healthcare specialty. note that The AU Wellness Company (a) does not recommend or endorse any healthcare providers, (b) does not make any representations or warranties with respect to these healthcare providers or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from healthcare providers for featuring them (i.e., higher or better placement on lists) through the service.

Minors

The AU Wellness Company content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to The AU Wellness Company you are representing that you are eighteen (18) years of age or older.

  1. Member registration requirements; account password and security

If you wish to become a member, communicate with other members, and otherwise make use of the service, you must read this agreement and indicate your acceptance during the registration process. You also agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form available on the website (the "registration data") and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. if you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The AU Wellness Company reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof) at any time. use of the service and membership in the service is void where prohibited.

As a member, you will be required to choose a password and username, and you may be asked for additional information regarding your account, such as your email address. you are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The AU Wellness Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. you may never use another member’s account without prior authorization from The AU Wellness Company. The AU Wellness Company will not be liable for any loss or damage arising from your failure to comply with this agreement.

  1. Payments you make through the service

The AU Wellness Company offers certain services for a fee or other charge. By providing a credit card or other payment method accepted by us, you expressly agree that The AU Wellness Company (or our third-party payment processor) is authorized to charge your payment method for the total amount of the fees associated with your use of the service, together with any applicable taxes. if your payment method cannot be verified, is invalid, or is otherwise unacceptable, your purchase may be suspended or canceled. You must resolve any problems with your payment method before we proceed with your purchase.

If you register for a subscription, you expressly acknowledge and agree that (a) The AU Wellness Company (or our third-party payment processor) is authorized to charge you on a monthly basis for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the services in accordance with this agreement. you may cancel your subscription at any time by managing your subscription in your account settings.

  1. Your Privacy

Your privacy is important to us. Please review our Privacy Policy details. This outlines how we may use and share the personal information we collect when you use the service.

  1. Your use of the service; proprietary rights of The AU Wellness Company resources

The service may not be used in connection with any commercial purposes, except as specifically approved by The AU Wellness Company. Unauthorized framing of or linking to any of the services is prohibited. commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of membership privileges.

All materials on the service, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software, and other elements (collectively, "material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by The AU Wellness Company or by third parties that have licensed or otherwise provided their resources to The AU Wellness Company. You acknowledge and agree that all materials on the service are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this service, no material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without The AU Wellness Company’s prior express written permission. you may not add, delete, distort, or otherwise modify the material. any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize the Service or any part of the material for any purpose other than its intended purposes is strictly prohibited.

  1. Prohibited Conduct

You agree not to use the service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that:

  • Are offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  • Harass or advocate harassment of another person;

  • Exploit people sexually or violently;

  • Contain nudity, violence, pornography, sexually explicit material or offensive subject matter;

  • Provide any telephone numbers, street addresses, last names email addresses or any personally identifiable information to anyone other than your own;

  • Promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

  • Violate any intellectual property or other proprietary rights of any third party, including content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

  • Involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spamming"; contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);

  • Further or promote any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; soliciting passwords or personal identifying information from other members;

  • Involve commercial activities and/or sales without prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;

  • Include a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or

  • Denigrate, ridicule, or demean another person; 

You also agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the website in a manner that sends more request messages to The AU Wellness Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.

If you become aware of misuse of the service by any person, please contact The AU Wellness Company.

  1. User Submissions

You will have the opportunity to submit feedback regarding your experiences with healthcare providers you find through the service, to submit inquiries concerning possible medical needs, and to participate in the other interactive or community features of the service (collectively, "user submissions"). You and not The AU Wellness Company, are entirely responsible for your user submissions.

By posting or making available any user submissions on or through the service, you hereby grant, represent, and warrant that you have the right to grant, to The AU Wellness Company a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, distribute, and otherwise make available such user submissions on and through the service without prior notification, compensation, or attribution to you, and without your consent.

If you wish to remove any user submissions from the service, your ability to do so may depend on the type of user submissions, the location and manner of posting, and other factors. You may contact us to request the removal of certain user submissions, but The AU Wellness Company has no obligation to remove any such user submissions, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such user submissions and copies thereof. Notwithstanding the foregoing, a backup or residual copy of any content posted by you may remain on The AU Wellness Company’s servers after the content appears to have been removed from the website, and The AU Wellness Company retains the rights to all such remaining copies.

The AU Wellness Company does not control the user submissions posted on the service and, as such, we do not guarantee the accuracy, integrity, or quality of such user submissions. You understand that by using the service, you may be exposed to user submissions that you deem offensive, indecent or objectionable. under no circumstances will The AU Wellness Company be liable in any way for any user submissions, including, but not limited to, any errors or omissions in any user submissions, or any loss or damage of any kind incurred at any time as a result of the use of any content posted, emailed, transmitted or otherwise made available via the service.

You acknowledge that The AU Wellness Company may or may not pre-screen user submissions posted on the service, but that The AU Wellness Company shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any user submissions or portion thereof that is available via the service, for any reason. Without limiting the foregoing, The AU Wellness Company shall have the right to remove from the service any user submissions that violate this agreement or are otherwise objectionable in the sole discretion of The AU Wellness Company.

  1. DMCA policy

if you believe your copyright-protected work was posted on The AU Wellness Company without authorization, you may submit a copyright infringement notification that includes the following information:

  • Your name, address, telephone number, and email address;

  • A description of the copyrighted work that you claim has been infringed;

  • The exact URL or a description of where the alleged infringing material is located;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

  • A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. The fastest and easiest way to notify The AU Wellness Company of alleged copyright infringement is via our email hello@theauwellness.com.

If you choose to request the removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Do not make false claims. misuse of this process may result in the suspension of your account or other legal consequences.

  1. Termination or suspension of account

You agree that The AU Wellness Company may at any time and for any reason, including a period of account inactivity, terminate your access to The AU Wellness Company service, or restrict or suspend your access to all or any part of the service at any time, for any or no reason, with or without prior notice, and without liability.

  1. Preservation/Disclosure

You acknowledge, consent, and agree that The AU Wellness Company may access, preserve and disclose your account information and user submissions if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this agreement; (c) respond to claims that any user submissions violate the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of health in her hue, its members and the public; or (f) according to the terms of the privacy policy.

  1. General Disclaimer

The service aims to improve patients’ healthcare experience. While we work hard to make that happen, you acknowledge that we have no control over, and no duty to take any action regarding (a) which users gain access to the service, (b) what material you access, (c) what affects the material may have on you, (d) how you may interpret or use the material, or (e) what actions you may take as a result of having been exposed to the material. you release us from all liability for you having acquired, you having not acquired, or your use of material. The AU Wellness Company makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the service.

The service and materials are provided “as is” and “as available”. We make no, and hereby disclaims any, warranty of any kind, express or implied, including but not limited to the implied warranties of title, non-infringement, merchantability and fitness for a particular use or purpose as to the website, the content thereon and our services. Furthermore, we disclaim any warranty that the service will be available at all times, will operate without interruption or error, or will be free from defects. We make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness, or suitability of the services or information provided through the site.

  1. Limitation of Liability

Your sole and exclusive remedy for any dispute with us is the cancellation of your account. in no event shall our cumulative liability to you for any claims relating to or arising out of your use of the services, regardless of the form of action, exceed the greater of: (a) the total amount of fees, if any, that you paid to create or maintain an account with the service, or (b) $100.

In no event shall we, or any of our officers, directors, employees, agents, and services providers, be liable for any damages you may suffer or cause through your use of the service, even if advised of the possibility of such, or for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use of or inability to use the service. These limitations shall apply whether the asserted liability or damages are based on contract (including, but not limited to, breach of warranty), tort (including, but not limited to, negligence), statute, or any other legal or equitable grounds.

If you are a California resident, you waive your rights with respect to California Civil Code section 1542, which says “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

  1. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parents, and other affiliates, from all liabilities, claims, demands, and expenses, including attorney’s fees, that arise from or are related to (a) your use of the service, or (b) the violation of this agreement or of any intellectual property or other right of any person or entity, by you or any person using your account. The foregoing indemnification obligation does not apply to liabilities, claims, and expenses arising as a result of our own gross negligence or intentional misconduct.

  1. Dispute resolution; governing law; class action waiver

If a dispute arises between you and us, we strongly encourage you to contact us directly through our contact page to seek a resolution of your dispute. if you decide to bring an action against us, you agree:

  • to resolve your disputes with us on an individual basis;

  • to waive any right to pursue any claims on a class or consolidated basis or in a representative capacity; and

  • to waive your right to a jury trial on any disputes that may arise.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the website or any content must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action will be forever barred.

  1. Governing Law

This agreement is governed by and construed and enforced in accordance with the internal laws of the U.S. State of Texas without giving effect to the principles of conflicts of laws of such state) and are binding upon the parties hereto in the United States and worldwide. you and The AU Wellness Company agree to be subject to the jurisdiction of courts in the city of Houston, Harris County, and the state of Texas

  1. Security Components

You understand that the service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by The AU Wellness Company or content providers who provide content to The AU Wellness Company. You may not attempt to override, disable, circumvent, or otherwise interfere with any such security components and usage rules embedded into the service.

  1. Other sites and devices

The service may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. The AU Wellness Company does not assume any responsibility or liability for the actions, products, and content of any such website. Before you use any third-party website, you should review the applicable terms of use and policies for such websites. The inclusion of a link in any of the websites does not imply The AU Wellness Company’s endorsement of such third-party websites. if you decide to access any such linked website, you do so at your own risk.

Please note that the availability of any The AU Wellness Company applications on a social networking site, mobile or tablet device, internet television, or other technology platform does not indicate any relationship or affiliation between The AU Wellness Company and such social networking site, mobile or tablet device, or internet television or other technology platform.

  1. International use

You agree to comply with all local rules regarding online conduct globally. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

  1. All Rights Reserved

The AU Wellness Company reserves the right to modify or discontinue all or any part of the service at any time in our sole discretion, with or without notice. we will not be liable to you or to any other user, if for any reason all or any part of the service becomes unavailable at any time or in any location. The AU Wellness Company reserves all rights not expressly granted in and to the service and materials.

  1. General Terms

The relationship established between you and The AU Wellness Company under this agreement is that of independent contractors, and neither party is a partner, employee, agent or joint venture partner of or with the other, and neither party has the right or authority to assume or create any obligation on behalf of the other party. If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and be enforceable. This agreement is the complete and exclusive statement of the terms and conditions governing your use of service, and they supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of this agreement. The AU Wellness Company may assign or transfer this agreement, in whole or in part, without restriction. you may not assign your rights or obligations under this agreement.

  1. Questions and Concerns

If you have any questions or comments regarding this agreement or the service contact The AU Wellness Company at hello@theauwellness.com