Terms of Use Updated as of 11/20/2023

Welcome to Preventative Healthcare Solutions and its affiliates, including WellTrackone LLC. These Terms of Use (these “Terms”) govern your use of our website (“Website”), portals, SMS text notification services, and other services provided by Preventative Healthcare Solutions and its affiliates (collectively, our “Services”). Please carefully read these Terms before using our Services. Additionally, you must read, agree, and accept the terms of our Privacy Policy.

Acknowledgment You acknowledge (a) that you have read and understood these Terms and (b) that these Terms have the same force and effect as a signed agreement.

By using our Services, you are agreeing to these Terms. Please read them carefully. These Terms may have changed since you last used our Services. Your use of our Services is subject to your compliance with these Terms. These Terms apply to all visits to our Website and all uses of our Services.

By accessing and using our Services, you hereby agree to these Terms in their entirety. You may not use our Services (or any part thereof) if you do not agree to be bound by these Terms.

BY ACCESSING OR USING THE SERVICES IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THE WEBSITE, USING ANY INFORMATION, OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THE WEBSITE, YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES, AND NOTICES CONTAINED IN THESE TERMS, INCLUDING CONDUCTING THIS TRANSACTION ELECTRONICALLY, CERTAIN THIRD-PARTY TERMS AND CONDITIONS, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, VENUE SELECTION, AND A CHOICE OF  LAW. YOU REPRESENT AND WARRANT THAT YOU POSSESS THE LEGAL RIGHT AND ABILITY TO AGREE TO THESE TERMS.

Use of Services; No Medical Advice The information contained in or provided by our Services is offered solely for your consideration and is subject to your verification. It is not to be taken as a warranty or representation by which we assume legal responsibility, nor do we grant permission to use or practice anything contained therein, nor recommend such use or practice.

OUR SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER. DO NOT USE INFORMATION PROVIDED VIA OUR SERVICES TO DIAGNOSE OR TREAT A HEALTH CONDITION OR DISEASE WITHOUT CONSULTING A QUALIFIED HEALTHCARE PROVIDER. THERE IS NO PHYSICIAN-PATIENT RELATIONSHIP ARISING SOLELY BY VIRTUE OF USING THE SERVICES. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ VIA THE SERVICES. DO NOT USE OUR SERVICES FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911, YOUR PERSONAL PHYSICIAN, AND/OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

Changes to these Terms We reserve the right to revise and update these Terms at any time without notifying you. As such, please periodically review these Terms, our Privacy Policy, Acceptable Use Policy, and any other policies that may be posted on this Website, each of which is accessible via the Website homepage. Continued usage of our Services will be considered acceptance of any changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate your use of the Services. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms on particular pages at this Website.

Minimum Age Requirement Our Services are not intended for users under the age of 13. We do not knowingly collect information from users under the age of 13. Users under the age of 13 are expressly prohibited from submitting their information to us via the Services or using portions of the Website or Services that require registration.

Ownership of Services Our Services, including all associated information related to our Services, are the property of us and/or our affiliates and licensors. Our Services are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. All rights reserved.

The contents of our Services may be viewed and accessed only for your personal, non-commercial use, provided that all copyright and other proprietary notices are retained on any copies made of the materials. The materials and information available via our Services may not be modified in any way, and may not be reproduced, distributed or used for any public or commercial purpose unless expressly permitted by us in writing. Any use of the materials or information available via our Services for any other purpose is prohibited. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of us or other third parties. If you breach any of these Terms, your authorization to use our Services is terminated, and you must immediately destroy any downloaded or printed materials.

Trademarks All of our or our affiliates’ trademarks, service marks, and trade names (“Trademarks”) are trademarks or registered trademarks that belong to us or our affiliates unless stated otherwise. You may not use or display the Trademarks for any purpose, including but not limited to, in advertising or publicity pertaining to distribution of materials via our Services, without our prior written consent. Any other trademarks appearing on third-party websites linked to by our Services are the property of the respective owners or operators of those third-party websites.

User Conduct By using the Services, including any content and services available through our Website, you agree that you will not:

1. Violate any applicable laws or regulations;
2. Infringe the rights of any third party, including without limitation, intellectual property, privacy, or publicity rights;
3. Use our Services to transmit, distribute, or store material that may be harmful to or interfere with our Services or any third party’s systems, networks, or services;
4. Use our Services for any fraudulent or unlawful purpose;
5. Impersonate any person or entity or misrepresent your affiliation with any person or entity;
6. Interfere with or disrupt the operation of our Services or the servers or networks used to make our Services available;
7. Restrict or inhibit any other person from using our Services, including by means of hacking or defacing any portion of our Services;
8. Harvest or collect information about users of our Services without their express consent.

User Registration To access certain features of our Services, you may be required to register for an account. When registering for an account, you agree to provide accurate, current, and complete information about yourself. You are responsible for updating such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

Account Security You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account, and you agree to notify us immediately of any unauthorized access or use of your account.

Links to Other Websites

Links to third-party websites provided by our Services are offered as a convenience for you. Should you choose to use these third-party links, please be aware that you will exit our Services. We do not assume responsibility for such third-party websites, nor do we exercise control over their content. Additionally, we do not claim to have reviewed these third-party websites or their associated content, and therefore, we are not accountable for any of these websites or their content. We do not assume responsibility for any charges or fees related to financial transactions that may occur on or through third-party websites. Furthermore, we neither endorse nor make representations about the websites linked to by our Services, the information, software, or other products available on these third-party websites, or any outcomes resulting from their use. Should you choose to access any third-party websites linked by our Services, you do so at your own risk. We reserve the right to terminate such links at any time. The mention of specific products, processes, or services within our Services does not constitute or imply a recommendation or endorsement under any circumstances.

Text Message Terms

By providing your telephone number to us or your physician and/or agreeing to participate in a text or communication program (collectively, the “Program”), you consent to receive text messages and/or push notifications from or on behalf of us and/or our partners and suppliers. These messages may use automated dialing technology and could be service-related or contain information about products or services that may interest you. They may include confirmation or reminders for billing purposes, medical appointments at our facilities, etc. You are not required to provide this consent to purchase any products or services. However, opting out of receiving text (SMS) messages may impact your experience with the service(s) relying on text (SMS) messaging for communication.

Unsecure

Messages are unencrypted, and you acknowledge the inherent privacy risks associated with unencrypted text messages. Unencrypted messages are not secure and may be accessed, intercepted, or altered by an unauthorized party without your knowledge or authorization.

Opt Out

To stop receiving text messages, reply STOP if indicated or contact us directly. You consent to receiving one last message from us confirming your inactivation.

Usage

The frequency of text messages and notifications will vary depending on the Services you receive or your transactions with us. You confirm that you are the account holder for the provided mobile telephone number(s) and agree to notify us immediately of any number changes.

As a user of this Program, you acknowledge that text messages are distributed via third-party mobile network providers. Therefore, we cannot control all functions related to the delivery of text messages. It may not be possible to transmit all text messages successfully. We are not liable for delays in message receipt or undelivered messages, as delivery is subject to effective transmission from your network operator. The Program may not be available on all U.S. mobile carriers, and your carrier is not liable for delayed or undelivered messages. While we do not charge for these services, message and data rates may apply, so please contact your mobile carrier for details about available plans. Applicable roaming charges may apply. Data obtained from you may include your telephone number, your carrier’s name, and message details (date, time, and content). We may use this information in accordance with our Privacy Policy.

Indemnification

You agree to indemnify us and any third parties texting on its behalf for all claims, expenses, and damages related to or caused by your failure to promptly notify us of a change in your telephone number. This includes claims, expenses, and damages under the Telephone Consumer Protection Act.

Suspension; Termination

We may immediately suspend or terminate your participation in the Program if we believe you are in breach of these Terms. Your participation is subject to termination if your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue the Program, with or without notice.

Modification

We may revise, modify, or amend these Terms at any time. Such changes take effect upon posting to the Website. Your continued participation indicates your acceptance of these changes.

Physicians

Physicians displayed on our Services are credentialed to treat patients at our facilities and, to the best of our knowledge, are in good standing. You may search physicians based on individual needs or preferences. Physicians employed by the parent company of the hospital may appear before other physicians.

Disclaimer

You assume the risk of accessing and using our Services. Our Services, including all content, are provided “as is” and “as available,” with all faults, without any warranties, whether express or implied. The information via the Services is for general information purposes only and does not constitute advice.

We make no warranty and expressly disclaim any obligation that the Services or features will meet your requirements, be available uninterrupted, timely, secure, or error-free. We do not warrant the accuracy, completeness, or currentness of content or information provided via our Services. We disclaim any guarantees regarding the results obtained from using the Services or the quality of content, services, or materials obtained. We do not guarantee the correction of defects or that our Services are free of viruses or harmful components. We reserve the right to suspend or withdraw the Services, in whole or in part, at any time without notice.

Limitation of Liability

In no event will we, or our suppliers or licensors, be liable for any direct, indirect, special, consequential, exemplary, or punitive damages arising from the use or inability to use our Services. Our liability shall not exceed one hundred dollars ($100). Some jurisdictions may not allow certain limitations or exclusions of liability, so some of these limitations may not apply to you.

Feedback

Any information, including Feedback, communicated to us through our Services is our exclusive property. We may use Feedback for any purpose without restriction, including future modifications of the Website or other Services. You grant us a perpetual, worldwide, irrevocable, fully-paid, royalty-free license to use, modify, and distribute Feedback.

Indemnity

You agree to defend, indemnify, and hold us and our affiliates, officers, directors, employees, agents, licensors, and affiliates harmless from any claims, losses, liability, costs, and expenses arising from your use of our Services or violation of these Terms or third-party rights.

Copyright Violations

If you believe your copyrighted work has been infringed, notify our designated copyright agent. Only copyright complaints should be sent to the agent.

Forward-Looking Statements

Some statements on our Services are forward-looking and subject to risks. Forward-looking statements are made as of the initial publication date, and we undertake no obligation to update them.

Third-Party Payments

We are not responsible for charges or fees associated with financial transactions on third-party websites. Payments for services found through our Services are made exclusively through affiliated third-party websites.

Termination/Modifications of Services

We reserve the right to modify or terminate your access to the Services at any time, with or without notice, for any reason. Certain sections of these Terms survive termination.

Privacy

Information collected through our Services is treated according to our Privacy Policy, which you must review before using our Services.

Limitation on Actions

Claims arising from these Terms or your use of the Services must be filed within one year.

Dispute Resolution

Disputes must be resolved through confidential binding arbitration. Certain rights, such as those related to Intellectual Property, may be excepted. The arbitration will be in  South Carolina, and the American Arbitration Association rules will apply.

General

If any provision is found invalid, the remaining provisions remain in effect. No waiver is deemed a further waiver. These Terms are governed by the laws of the State of South Carolina. We may assign our rights and duties. Section titles are for convenience only.

Entire Agreement

Except for specific legal notices, these Terms constitute the entire agreement between us.