These terms and conditions of service (“Terms of Service”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Integrative M.D., LLC dba Ways2Well, including the ways2well.com (the “Site”), as well as the services (“Services”) and products (“Products”) available to users through the Site. “Products” includes, without limitation, dietary supplements, and other consumer products (“Supplement Products”). Integrative M.D., LLC dba Ways2Well (“Ways2Well,” “we,” “us,” and “our”) contracts with individual healthcare professionals (individually the “Provider” and collectively the “Providers”) and their patients. The professional medical services and the non-clinical Site services are collectively referred to in this Terms of Service as the “Services”. For clarity, Providers are licensed healthcare professionals who may be engaged by or affiliated with Ways2Well or its affiliated clinical entities and are solely responsible for the professional medical services they render. The terms “you” and “your” means you, your dependents if any, and any other person accessing your Ways2Well Account.
For purposes of these Terms, “Care Plan” means a Ways2Well membership, subscription, care plan, or tiered service offering made available by Ways2Well, including the Clarity, Continuum, Core, and any successor or replacement offerings described at checkout, in the Site, in the mobile application, or in written enrollment materials. Care Plans are self-pay service offerings and are not insurance products.
Your acceptance of, and compliance with, these Terms of Service is a condition to your use of the Site and Services and purchase of Products. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Service and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.
Binding Arbitration. These Terms of Service provide that all disputes between you and Ways2Well that in any way relate to these Terms of Service or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT, INCLUDING (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Service. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Ways2Well.
1. Privacy Practices
You agree that information provided by you in connection with the Services and Site shall be governed by the Ways2Well Privacy Policy, which is hereby incorporated and made a part of this Agreement. Please read the Ways2Well Privacy Policy carefully to understand how Ways2Well collects, uses, and discloses information, including personally identifiable information. Ways2Well may revise and update the Privacy Policy from time to time in its sole discretion. All changes are effective immediately when Ways2Well posts them and changes apply to its collection, use, and disclosure of information thereafter. You acknowledge and agree that it is your responsibility to review the Privacy Policy when accessing or using the Services so that you are aware of any changes. For more information about the categories of data collected, how such data is used, and the third parties with whom it may be shared, please review our Privacy Policy.
2. Services Provided
Medical Care or Advice by Ways2Well
Ways2Well provides an online communication platform that enables secure communication between healthcare providers and their patients through the Ways2Well mobile application and web-based platform. The Site facilitates communication between patients and Providers. Ways2Well is not a medical provider and does not practice medicine. Medical services are provided by licensed healthcare professionals who may be engaged by or contracted with Ways2Well or its affiliated clinical entities. Such providers exercise independent professional judgment in delivering care. Nothing in these Terms shall be construed to create a physician-patient relationship with Ways2Well or to establish an agency, partnership, or employment relationship between Ways2Well and any treating healthcare provider for purposes of clinical care.
All clinical decisions, including diagnosis, treatment, prescribing, and patient care, are made solely by the treating licensed healthcare provider based on their professional judgment and applicable standards of care. Ways2Well does not control or direct clinical decision-making.
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 by Ways2Well. Any content that may relate to Products, Supplement Products, laboratory testing, wellness protocols, or Services is general information and is not a substitute for individualized medical advice from a licensed clinician. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by the Site is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While Ways2Well facilitates your selection of, and communications with, Providers, the doctor-patient relationship is between you and the Ways2Well Provider you select.
Provider Relationships
Healthcare providers available through the Services may have contractual or other professional relationships with Ways2Well or its affiliated entities. Such relationships may include compensation arrangements permitted by applicable law. Providers are solely responsible for the medical services they provide, including compliance with applicable laws, licensure requirements, and standards of care.
Ways2Well does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service. You will be provided with available Providers based solely on the information you submit to the Site. You are ultimately responsible for choosing your particular Provider.
Not for Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Ways2Well’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Other Screenings and Limitations
Ways2Well offers functional medicine, health optimization, and other wellness-focused Services which may include clinical evaluations and individualized care plans provided by licensed Providers. Ways2Well does not offer primary care and cannot take the place of a primary care physician (“PCP”). If you do not have a PCP you are encouraged to establish a relationship with a PCP and communicate the treatment received at Ways2Well to your PCP and/or endocrinologist to encourage and facilitate physician communication regarding treatments.
An integral part of overall health maintenance is obtaining and remaining up to date with age appropriate screening tests aimed at early detection of life-threatening diseases. You should consult with your PCP or urologist about them and provide all appropriate medical records and/or facilitate inter-physician communication regarding such evaluations.
Laboratory Orders
In order for your Ways2Well Provider to determine if a treatment is clinically-indicated for you, your Provider may order laboratory testing to be sent to third-party laboratories or another laboratory of your choice (the “Lab”). By signing this Terms of Service, you authorize your Ways2Well Provider to order laboratory testing as clinically indicated and further authorize the Lab to disclose the results of your test to any Ways2Well Provider engaged by Ways2Well. Ways2Well has no control whether or not the Lab will refund any laboratory orders once the service is provided, even if you do not qualify for any treatment. For any questions about fees or refunds associated with your laboratory tests please contact Ways2Well directly.
Clinical Procedures and Treatment Risks
Certain services offered through Ways2Well may involve medical procedures or therapies that carry inherent risks, including but not limited to intravenous therapies, therapeutic plasma exchange, or other clinician-directed interventions. Such procedures are performed solely under the supervision of licensed healthcare providers. Potential risks may include infection, bleeding, allergic reactions, vascular complications, or other adverse events. Individual results vary and no outcome, biomarker improvement, disease prevention, or longevity benefit is guaranteed. Certain procedures offered through the Services may be used for wellness, optimization, or investigational purposes and may not be intended to diagnose, treat, cure, or prevent disease. Eligibility for any procedure is determined solely by the treating licensed healthcare provider based on clinical judgment.
Ways2Well does not guarantee any particular medical outcome, laboratory result, symptom improvement, disease prevention, longevity benefit, or performance enhancement. Ways2Well does not control or guarantee the quality, appropriateness, or outcomes of medical services provided by healthcare providers.
Risks of Telehealth Services
By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of information, those protocols could fail causing a breach of privacy of your health information.
Ways2Well provides administrative and technology services to facilitate patient access to licensed healthcare providers, who may be engaged by or affiliated with Ways2Well or its affiliated clinical entities, and does not itself provide medical services. Providers may only provide telehealth services in states where they are appropriately licensed and where the Services are legally permitted. Ways2Well does not itself provide medical care, treatment, or clinical services. Ways2Well does not control or guarantee the quality, appropriateness, or outcomes of medical services provided by healthcare providers.
Prescription Policy
Ways2Well does not endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. NO PRESCRIPTION WILL BE PROVIDED UNLESS A CLINICAL NEED EXISTS BASED ON REQUIRED LABORATORY WORK, PROVIDER CONSULTATION, AND/OR CURRENT MEDICAL HISTORY. PLEASE NOTE, AGREEING TO LABORATORY WORK AND PHYSICAL EXAM DOES NOT AUTOMATICALLY EQUATE TO CLINICAL NECESSITY AND A PRESCRIPTION.
If medically-indicated, your Ways2Well Provider may prescribe a treatment. Ways2Well fully honors patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct Ways2Well to transmit that prescription to the pharmacy of your choice. Ways2Well does not sell, manufacture, or dispense prescription medications. All fees associated with medications are billed at the pharmacy’s rates, plus any costs for included services or processing necessary for included services by Ways2Well (For example, if Ways2Well providers and staff are facilitating processing, performing consultations, writing prescriptions, Ways2Well reserves the right to charge reasonable cost plus margin pricing in order to provide patients with a convenient single payment). You do not automatically qualify for any particular therapy. Obtaining a prescription is always at the discretion of the Ways2Well Provider and is determined based on medical assessment and a diagnosis.
Any medications prescribed will be based on diagnosis derived from your submitted medical history, lab work, and Provider telemedicine consultation. They will be based exclusively for treatment of these diagnoses. You agree that any prescriptions that you are issued by a Ways2Well Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact your Provider or a pharmacist if you have any questions regarding the prescription.
All medication refill requests must first be reviewed and approved by a Ways2Well Provider. You MUST be in compliance with the Ways2Well Provider’s treatment plan; including blood work and consultations, in order to receive refills. A follow up consultation may be required prior to approving medication refills. Providers reserve the right to deny care for actual or potential misuse of the Services.
A Care Plan, Clarity visit, lab panel, consultation, or other purchased Service does not guarantee that any prescription, refill, therapy, peptide, hormone treatment, or other medication will be ordered, continued, or renewed. All medication refill requests remain subject to Provider review and approval. For ongoing testosterone refills, comprehensive laboratory testing is required at least every six (6) months, and a Provider video visit is required at least once every twelve (12) months. For ongoing peptide refills, an annual clinical evaluation is the minimum requirement; two comprehensive laboratory panels are not automatically required. A Provider may require additional or earlier laboratory testing, consultations, video visits, documentation, or other monitoring based on clinical judgment, applicable law, pharmacy requirements, the treatment plan, or patient safety considerations.
Not an Insurance Product
Ways2Well is not an insurer. The Services are not insurance products, and the amounts you pay to Ways2Well are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
Dietary Supplement Disclosures; No FDA Evaluation; No Medical Claims
Statements on the Site regarding Supplement Products have not been evaluated by the U.S. Food and Drug Administration. Supplement Products are not intended to diagnose, treat, cure, or prevent any disease. Supplement Products are not prescription drugs and are not a substitute for medical care. Individual results vary. Ways2Well does not guarantee any specific outcome, improvement, or result from use of any Product or Supplement Product. You are solely responsible for determining whether any Product or Supplement Product is appropriate for you, including considering allergies, sensitivities, ingredient tolerances, medical conditions, pregnancy or breastfeeding status, and potential interactions with prescription drugs, over-the-counter medications, or other supplements. You agree to consult a licensed healthcare professional before using Supplement Products if you have any medical condition or take any medications. You agree to use Products only as directed on labeling and not to exceed recommended dosages unless instructed by a licensed clinician.
Content describing wellness benefits, longevity optimization, inflammation reduction, or performance improvement reflects general wellness concepts and should not be interpreted as medical claims or guarantees of clinical outcomes.
AI Tools and Features
Ways2Well may offer AI-powered tools, including chat-based assistants, to support informational features. These tools do not provide medical advice, diagnosis, or treatment, and should not be relied upon for medical decisions.
If you choose to enable personalization using your lab results, Ways2Well may transmit de-identified biomarker data from your lab results to third-party artificial intelligence service providers, including Portalis and Anthropic, solely to generate personalized informational insights. No personally identifiable information, including name, age, gender, email address, phone number, or contact information, is transmitted for this purpose.
This data is shared only after you affirmatively opt in to use this feature.
Ways2Well requires such providers to implement appropriate safeguards and process data in accordance with applicable privacy laws.
AI-generated content may be inaccurate, incomplete, or not tailored to your specific circumstances. You should not rely on AI-generated outputs for medical decisions. All medical decisions must be made in consultation with a licensed healthcare provider.
Interactions with AI tools may be recorded and used to improve the Services. Any personal health information will be handled in accordance with applicable law and our Privacy Policy and will not be used to train generalized AI models without appropriate authorization. To the maximum extent permitted by law, Ways2Well disclaims liability arising from reliance on AI-generated outputs.
3. Availability of Services
Ways2Well operates subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited. You represent that you will not access or use Services while located outside a jurisdiction where the Services are offered. You agree to provide accurate location information when requested and acknowledge that Services may be denied or discontinued if your location cannot be verified or is outside an authorized jurisdiction.
Services, Care Plans, prescriptions, refills, laboratory ordering, and telehealth visits may be unavailable, limited, or discontinued in certain states or jurisdictions, including where Ways2Well or a Provider is not authorized to provide the applicable Service. Ways2Well may deny enrollment, renewal, refills, or Services if your location cannot be verified or if you are located in a jurisdiction where the applicable Service is unavailable.
4. Ordering and Purchasing of Services or Products
Order Acceptance and Shipment
Your placement of an order does not necessarily ensure that we will accept your order. We may require additional information regarding your order if you have not provided all the information required by us. Once a properly completed order and authorization of your form of payment is received, we will process your order and Product for shipment. If, for some reason, we determined that we cannot ship your Products within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. We do not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on our Site. We may limit quantities, refuse orders, or cancel transactions to prevent fraud, diversion, or misuse, or where we suspect violations of these Terms.
Typographical Errors and Incorrect Pricing
In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Products or Services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
Risk of Loss
All Products purchased from our Site are delivered to shipment carriers. The risk of loss and title for such Products pass to you when they are delivered to the carrier.
Taxes; Fees; Promotions
You are responsible for applicable taxes and shipping/handling fees disclosed at checkout. Promotions, discounts, and coupon codes are subject to additional terms and may be modified or discontinued at any time. Promotions may not be combined unless expressly stated.
Delivery Address
You are responsible for providing an accurate shipping address. If a package is returned due to an incorrect or incomplete address, Ways2Well may reship at your expense or refund the Product price minus shipping and handling.
Handling Conditions
Certain Products may be sensitive to heat, cold, humidity, or other shipping conditions. To the extent permitted by law, Ways2Well is not responsible for degradation attributable to carrier delays, temperature exposure during transit, or failure to promptly retrieve delivered packages after delivery.
Product Safety Notices; Recalls
If a Product is subject to a safety notice or recall, you agree to cooperate with reasonable instructions issued by Ways2Well or the manufacturer, including cessation of use and return or disposal procedures.
5. Payment, Returns, and Credit Policy
Payment Responsibility
You are responsible for the full payment of services and products not covered by insurance, as outlined in our Self-Payment agreement. WAYS2WELL provides charges in advance for the services you request, and you accept full financial responsibility for payment of those services. An itemized statement will be provided upon request for services rendered for potential reimbursement purposes.
Care Plan Tiers and Included Benefits
Ways2Well may offer Care Plans and a la carte Services with the benefits, pricing, billing cadence, and limitations disclosed at checkout, on the Site, in the mobile application, or in written enrollment materials. As of the effective date of these Terms, the Care Plan options include: (a) Clarity, is a standalone, non-recurring option that includes one visit and one full blood panel; (b) Continuum, an annual plan that includes two lab reviews, two consultations, and the option to purchase additional Spot Checks or other Services separately; and (c) Core, a comprehensive Care Plan which includes four 40-minute Provider visits, two full lab panels, and one included Spot Check lab benefit. The included Core Spot Check is paired with one of the four included 40-minute Provider visits. Patients in any tier may purchase additional Spot Checks separately without a stated numerical limit, subject to clinical appropriateness and operational availability. Each separately purchased Spot Check includes the applicable laboratory testing and a separate 20-minute Provider visit as part of the purchase price. Included benefits, lab panels, and Service availability remain subject to clinical appropriateness, operational availability, and the specific disclosures presented at enrollment or renewal.
A la carte Services are individual Services purchased outside of a Care Plan and are billed separately. A la carte Services do not include ongoing membership benefits unless expressly stated at checkout. Clarity is a standalone, non-recurring option, may be purchased more than once, and does not require enrollment in Continuum or Core. After completing Clarity, a patient is eligible to purchase Continuum, subject to clinical appropriateness and Service availability. Patients who complete a Clarity visit may be offered a time-limited discount toward Continuum within the period disclosed at enrollment, currently fifteen percent (15%) if enrollment occurs within ninety (90) days after the Clarity visit.
Care Plans are personal to the enrolled patient, non-transferable, and may not be gifted, assigned, shared, resold, or used by any other person. Gift cards may be applied toward Care Plan fees and
Core monthly payments, but a valid credit card must remain on file. If a gift-card balance is insufficient, Ways2Well may charge the remaining amount to the backup credit card on file. Gift cards and promotional credits do not make Care Plan benefits transferable unless expressly stated in writing by Ways2Well.
No Rollovers; Use of Benefits
Unless expressly stated in writing or required by applicable law, included Care Plan benefits must be used during the applicable membership term and do not roll over, convert to cash, or create any credit, refund, or future entitlement. You are responsible for scheduling and completing included consultations, labs, and other benefits within the applicable term. Ways2Well may provide reminders or support, but unused benefits expire at the end of the applicable term.
Upgrades, Downgrades, and Changes
Existing members may upgrade to Core only at their renewal date or may remain in Continuum, unless Ways2Well expressly offers another transition option in writing. Patients may not downgrade during the current membership term. At renewal, patients may select a different available Care Plan for the following membership year, subject to clinical appropriateness, Service availability, and the then-current terms and pricing. Services already rendered under one tier are not credited against a different tier unless Ways2Well expressly states otherwise in writing.
Legacy Member Transition
If you are an existing member at the time the new Care Plan structure launches, you will finish your current membership term. Beginning approximately forty-five (45) days before renewal, Ways2Well will provide renewal communications describing the available options. You may select Core, Continuum, or cancellation until twenty-four (24) hours before your renewal date. If you do not make a selection by that deadline and your membership is subject to automatic renewal, you will automatically renew into Continuum at the then-current Continuum price unless applicable law requires otherwise.
Pause and Special Circumstances
Care Plans may not be paused or suspended by the patient during the membership term, including due to pregnancy, deployment, disability, travel, relocation, or inability to use benefits, except where Ways2Well expressly approves an exception in writing or where required by applicable law. You should speak with your Provider about which Services are clinically appropriate during pregnancy, changes in health status, or other special circumstances.
Asynchronous Visits
Unless expressly made available by Ways2Well in writing, asynchronous visits are not included in the new Care Plan tiers. Services requiring provider review may require a scheduled consultation, video visit, laboratory review, or other clinical interaction as determined by the Provider.
Subscription Billing and Automatic Renewal
If you purchase a Care Plan, membership, subscription, monthly payment option, or other recurring Service, you authorize Ways2Well and its payment processors to charge your payment method on file on a recurring basis for the applicable term, billing cycle, and price disclosed at checkout, at enrollment, or in renewal materials. Continuum is billed annually. Core is available annually or through monthly billing. Clarity is a standalone, non-recurring purchase. Your recurring Care Plan or subscription will automatically renew at the end of each term unless you cancel in accordance with these Terms and the cancellation instructions provided by Ways2Well. By completing enrollment and affirmatively accepting these Terms at checkout or through another electronic acceptance method, you acknowledge and agree that the applicable Care Plan or subscription will automatically renew, that your payment method will be charged at the then-current price, and that you are responsible for cancelling before the applicable renewal or cancellation deadline if you do not want the Care Plan or subscription to continue. Ways2Well will provide annual renewal communications beginning approximately forty-five (45) days before renewal, or earlier if required by applicable law, and may send those notices by email, SMS/text message, in-app notification, account message, or other electronic means. The 45-day annual renewal notice does not apply to each monthly Core installment; monthly charges continue on the disclosed billing schedule until cancellation becomes effective under these Terms. Ways2Well may require you to acknowledge updated Terms through a pop-up or other electronic prompt before renewal or at your next account or app login. Any such acknowledgment supplements, and does not replace, advance notices required by these Terms or applicable law. Ways2Well may retain electronic records of your acceptance and notice delivery. Subscription fees may change upon prior notice, with changes taking effect at the start of the next billing cycle or renewal term unless otherwise required by law.
Member Responsibility; Use of Benefits
Members are responsible for scheduling and completing any Services included in their Care Plan, including lab draws, lab reviews, consultations, and spot checks, within the applicable membership term. Benefits are subject to Provider clinical judgment, operational availability, and any applicable refill, lab, consultation, or safety requirements. Except where required by law, any unused Care Plan benefits will expire and be forfeited at the end of the applicable term and will not roll over, convert to cash, or be credited toward future Services. Ways2Well does not provide refunds, credits, or extensions for unused benefits except where required by law or expressly agreed in writing.
Cancellation of Subscription
You may cancel a Care Plan or recurring subscription by using the cancellation method made available in your online account, through the app, or by contacting customer support. If you enrolled online, Ways2Well will provide an online cancellation method to the extent required by applicable law. Annual Care Plans may be cancelled effective at the next renewal date and remain active through the end of the then-current annual term; cancellation does not entitle you to a refund for amounts already paid. To the extent permitted by applicable law, Core memberships billed monthly require a minimum of two (2) billing cycles. A Core monthly cancellation request is not effective immediately. After a cancellation request, you will be charged the next scheduled monthly payment, and cancellation will take effect before the following billing cycle, provided the two-billing-cycle minimum has been satisfied. This one-additional-payment rule applies regardless of how many monthly billing cycles you have already completed. Patients may opt out of annual renewal during the renewal/cancellation window disclosed in renewal communications or account materials. Cancellation does not affect amounts already incurred, Services already rendered, or any other amounts owed.
Payment Methods
We accept credit and debit cards from U.S. banks and, where offered, Ways2Well gift cards. Gift cards may be used toward Care Plan fees and Core monthly payments, but a valid credit card must remain on file and may be charged for any balance not covered by the gift card. By using our Site, you authorize Ways2Well and its payment processors to automatically charge your designated payment method for all responsibilities related to your care. Your payment details must be accurate, complete, and have sufficient funds available. You agree to honor the charges incurred, including any applicable taxes.
Payment Authorization
In the case of automatic recurring payments, you have the right to revoke authorization by contacting us at [email protected] at least fifteen (15) days before the scheduled payment date. Services may be withheld if authorization is revoked, and you remain responsible for all incurred charges.
Failed Payments; Benefit Suspension
If a payment fails, Ways2Well or its payment processor may retry the payment method on file and may send automated failed-payment notices. Ways2Well may also contact you to update your payment method and resolve failed payments or potential chargebacks. If the payment remains uncured for thirty (30) days following the initial payment failure, Ways2Well may suspend access to Care Plan benefits, account functionality, scheduling, non-urgent Services, and other Services, regardless of whether you have already used some or all Care Plan benefits, except where prohibited by law or where a Provider determines that a different approach is required for patient safety or continuity of care. You remain responsible for all amounts incurred before suspension or cancellation.
Payment Disputes
For any billing or payment dispute, you should first contact Ways2Well customer service to seek a resolution. If you initiate a chargeback or payment dispute, Ways2Well may provide your payment processor, card issuer, bank, or other applicable financial institution with documentation supporting the charge, including your signed or electronically accepted Terms of Service, checkout disclosures, renewal notices, account records, and Service records. Initiating a chargeback without contacting Ways2Well may result in account or Service suspension while the dispute is pending. Nothing in these Terms limits any rights you may have under applicable law.
Insurance Coverage and Self-Pay Election
Depending on your insurance coverage, your health plan might not reimburse you for these wellness services. WAYS2WELL will provide you with an itemized statement and receipt, which you can use as documentation should you choose to seek reimbursement from your insurance plan, employer, or an employer-sponsored medical savings account. It is your responsibility to know your benefits, and how they will apply to your benefit payments. WAYS2WELL is not responsible for understanding or being bound by the terms and conditions of your insurance policy. By acknowledging this form, you are electing to purchase services that may or may not be covered by your insurance if you obtained those services from a different provider or if you obtained them through an in-person consult. You have selected services for purchase from us on a self-pay basis and have directed us to treat your purchase of these services as if you are an uninsured patient, and you agree to be responsible for full payment of the services. There is no guarantee your insurance company will make any payment on the cost of the services you have purchased. WAYS2WELL provides charges in advance for the services you request, and you accept full financial responsibility for payment of those services.
Returns and Refunds
Products purchased from Ways2Well may be returned only in accordance with our posted Credit Policy and these Terms. Ways2Well supplements, merchandise, and other applicable physical products are eligible for return within 7 days of arrival only if they are in original condition. For safety and quality reasons, Supplement Products are eligible for return only if unopened, unused, and in original, sealed packaging, unless otherwise required by law. Opened ingestible products are not eligible for return or refund. Except where required by applicable law or expressly stated in a written offer, Care Plan fees, Clarity fees, a la carte Services, peptide consults, lab panels, tests, consultations, missed consultations, no-shows, and unused benefits are non-refundable once purchased or once the applicable Service process has begun. No refund is due because you do not qualify for a medication, therapy, refill, laboratory result, or other clinical outcome. Shipping and handling fees are non-refundable unless the return is due to Ways2Well’s error or a defective Product, to the extent required by law.
Credits
Credits issued by Ways2Well are valid for one year from the date of issuance and may be used toward future purchases of products or services. These credits are non-transferable and cannot be exchanged for cash. If any product arrives defective or damaged, customers must report the issue to Ways2Well within 7 days of receipt for a return or exchange. Ways2Well reserves the right to deny refunds or returns where it reasonably suspects misuse, diversion, fraud, or violation of these Terms, to the extent permitted by law.
Policy Modifications
Ways2Well reserves the right to update this Payment, Returns, and Credit Policy from time to time. Such changes will be communicated through our Site and will not be retroactive. The most recent version of this policy will always govern our procedures.
6. Eligibility; Site Access, Security and Restrictions; Passwords
You agree to fully, accurately, and truthfully create your Ways2Well Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your Ways2Well ID and credentials. The Ways2Well ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Ways2Well ID or credentials, and for all activities that occur under such Ways2Well ID or credentials. You agree to prohibit anyone else from using your Ways2Well ID or credentials and agree to immediately notify Ways2Well of any actual or suspected unauthorized use of your Ways2Well ID or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Ways2Well at any time with or without cause.
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; (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, in violation of these Terms of Service or in violation of applicable law.
YOU REPRESENT AND WARRANT THAT YOU WILL ONLY USE THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR SITE FOR YOUR OWN, PERSONAL USE AND WILL NOT DISTRIBUTE OR PROVIDE ANY PRODUCTS OBTAINED THROUGH THE SITE TO ANY THIRD PARTY.
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. Ways2Well may 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. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
7. Electronic Communications
When you use the Site or Services, or send e-mails, 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. Ways2Well may contact you by telephone, mail, or email to verify your Account information. Ways2Well may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
You consent to receive transactional and account-related communications regarding your Care Plan, renewal, billing, payment failures, benefit usage, required acknowledgments, and Service availability by email, SMS/text message, in-app notification, account message, telephone, or other electronic means. These transactional communications are separate from marketing communications and may be sent even if you opt out of marketing messages, to the extent permitted by law. You are responsible for maintaining accurate contact information and for reviewing account, app, email, SMS/text, and other notices from Ways2Well.
8. Consent to Receive Calls and Text Messages and Video Recording
By providing your phone number, you provide consent to receive calls and text messages from Ways2Well for transactional, account, care coordination, billing, renewal, and Service-related purposes. Where required by law, marketing calls or texts made using an automatic telephone dialing system, artificial voice, prerecorded voice, or other regulated technology will be sent only with appropriate consent. Calls may be recorded or monitored for quality assurance, training, compliance, and operational purposes. We may use automated or AI-assisted systems to support call handling, including after-hours responses, call routing, and administrative support.
Consent to receive marketing communications is not a condition of purchasing any goods or services.
You may opt out at any time by following opt-out instructions in the communication or by contacting customer support.
Message frequency may vary. Message and data rates may apply. Wireless carriers are not responsible for delayed or undelivered messages.
9. Ownership Of The Site And Related Materials; Additional Restrictions
All pages within this Site and any material made available for download are the property of Ways2Well or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. Subject to these Terms of Service and the payment of all applicable fees, Ways2Well grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Site. All rights not expressly granted to you in these Terms of Service are reserved and retained by Ways2Well or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ways2Well. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ways2Well without express written consent. You may not use any meta tags or any other “hidden text” utilizing Ways2Well’s name or trademarks without the express written consent of Ways2Well. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Ways2Well. You may not use the Site, Services, or any content or data derived therefrom to develop, train, test, or improve any competing product, service, or artificial intelligence or machine learning model.
10. No Users Under 18 Years Old
In order to access the Site and the Services, you represent and warrant that you are older than 18 years old. The Site, Products, and Services are not directed to individuals under 18. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at [email protected].
11. Accuracy of Information; Functionality
Although Ways2Well attempts to ensure the integrity and accuracy of the Site and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. 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. In the event that an inaccuracy arises, please inform Ways2Well so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Ways2Well shall have no responsibility or liability for information or content posted to the Site from any non-Ways2Well affiliated third party. Any automated, algorithmic, or decision-support tools made available through the Site are provided for informational purposes only and may not be accurate, complete, or appropriate for your specific circumstances. You agree not to rely on such tools as a substitute for professional judgment or licensed medical advice.
Ways2Well reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention or destruction policies.
12. Links to Other Sites
Ways2Well makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Ways2Well site, please understand that it is independent from Ways2Well, and that Ways2Well has no control over the content on that website. In addition, a link or a non-Ways2Well website does not mean that Ways2Well endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
13. 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 otherwise through our Site (“User Information”), you agree not to provide any User Information that (a) is false, misleading, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior (including submitting any third party’s results or information as your own), (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You are solely responsible for the accuracy, completeness, and timeliness of all User Information you submit, including medical history, symptoms, and medication disclosures, and acknowledge that incomplete or inaccurate information may adversely affect Services or outcomes. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Ways2Well that you have the legal right and authorization to provide all User Information to Ways2Well for use as set forth herein and required by Ways2Well.
You agree not to:
access the Site or use the Services in any unlawful way or for any unlawful purpose; post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; use robots or scripts with the Site; attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; incorrectly identify the sender of any message transmitted to Ways2Well; alter the attribution or origin of electronic mail, messages, or posting; harvest or collect personal health information about any other individual who uses the Site or the Services; and infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties. You agree to defend, indemnify, and hold harmless Ways2Well, and the Ways2Well Providers from and against all third party claims, damages, and expenses including, but not limited to, reasonable attorneys’ fees against or incurred by us arising out of any User Information you upload to or transmit through the Site or any breach of this Section 12.
By submitting reviews, testimonials, photos, videos, comments, or other content to Ways2Well or posting such content on Ways2Well controlled social media pages, you grant Ways2Well a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, display, distribute, and create derivative works from such content for marketing, promotional, product development, or operational purposes. Such content may be used with or without attribution unless otherwise prohibited by law. Testimonials reflect individual experiences and do not guarantee similar results.
Ways2Well may use aggregated and de-identified data derived from the use of the Site and Services for analytics, research, product development, and service improvement purposes in accordance with applicable law. Ways2Well will not sell identifiable health information without appropriate authorization.
Ways2Well may share personal information with service providers that perform services on our behalf. These providers process personal information solely on our behalf and not for their own independent purposes, except as permitted by law.
Ways2Well does not sell personal health information.
14. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Ways2Well respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Ways2Well’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Copyright Notice”) complying with the following requirements.
Identify the copyrighted works that you claim have been infringed.
Identify the material or content you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including sufficient information to permit Ways2Well to locate the material.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Copyright Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Copyright Notice, with all items completed, to our Copyright Agent:
Attn: Legal
15. Intellectual Property
With the exception of your electronic medical record, Ways2Well, as applicable, retains all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Ways2Well (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of Ways2Well, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Ways2Well trademarks, service marks, and logos are strictly prohibited without the prior written permission of Ways2Well. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by Ways2Well or the third party owner of such trademarks, service marks, or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
Ways2Well may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
16. Disclaimer of Warranties
WAYS2WELL DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT, INFORMATION CONTAINED WITHIN THE SITE, OR ANY SITE-RELATED SERVICE OR PRODUCT, 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. WAYS2WELL DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE, SERVICES, OR PRODUCTS.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND PRODUCTS, AND LINKED WEBSITES. WAYS2WELL DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY WAYS2WELL ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY WAYS2WELL OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. WAYS2WELL DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. WAYS2WELL DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.
17. Limitation of Liability Regarding Use of Site
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
WAYS2WELL SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF WAYS2WELL PROVIDERS. WAYS2WELL 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, PRODUCTS, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF WAYS2WELL TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS the total amount paid by you to Ways2Well for products or services in the twelve (12) months preceding the claim.. YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
18. No Third Party Rights
Unless expressly stated in the Terms of Service to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Ways2Well, and their affiliates. Nothing in the Terms of Service is intended to relieve or discharge the obligation or liability of any third persons to you, Ways2Well, , and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Ways2Well and its affiliates.
19. Assignment
You may not assign, transfer, or delegate the Terms of Service or any part thereof without Ways2Well’s prior written consent. Ways2Well may freely transfer, assign, or delegate all or any part of the Terms of Service, and any rights or duties hereunder or thereunder. The Terms of Service will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
20. Dispute Resolution; Arbitration Agreement
We will try to work in good faith to resolve any issue you have with the Site, including without limitation, Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. Prior to initiating arbitration, the parties agree to attempt to resolve the dispute informally by contacting Ways2Well customer support and allowing thirty (30) days for resolution.
You and Ways2Well agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Service or your use of the Site, including without limitation, Products and Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Ways2Well are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Service and any other contractual relationship between you and Ways2Well.
If you desire to assert a claim against Ways2Well, and you therefore elect to seek arbitration, you must first send to Ways2Well, by certified mail, a written notice of your claim (“Notice”). The Notice to Ways2Well should be addressed to: 8226 Bee Caves Rd., Austin, TX 78746 (“Notice Address”). If Ways2Well desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Ways2Well, must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If Ways2Well and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Ways2Well may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Ways2Well or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Ways2Well receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $2,000.
The arbitration will be governed by the applicable Consumer Arbitration Rules of the American Arbitration Association (“AAA”) for consumer-related disputes, or by such other AAA rules as the parties agree or as required by the AAA, as modified by these Terms. If AAA is unavailable or declines to administer the arbitration, the parties will select another neutral arbitration provider by mutual agreement or, if they cannot agree, by court appointment. Nothing in these Terms prevents either party from bringing an individual claim in small claims court where permitted by applicable law.
YOU AND WAYS2WELL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Ways2Well agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If the arbitration terms and conditions of this Section 20 are found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Service shall remain in full force and effect, and (ii) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Houston, Texas.
21. 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, pandemics, public health crisis, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
22. Indemnification
You agree to defend, indemnify, and hold harmless Ways2Well and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Products, Services or any information posted on the Site; (ii) your breach of the Terms of Service or Privacy Policy; (iii) the content or subject matter of any information you provide to Ways2Well, or any Ways2Well Provider or customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Products, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
23. Application Support; Functionality
All questions and requests relating to Site support must be directed to Ways2Well. To submit a support request, please email us at [email protected]. The Select Third Parties, as defined in Section 25, are not responsible for providing support for the application portions of the Site and may not be contacted for support. Ways2Well will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Site at any time, without notice.
24. Modified Devices and Operating Systems
Ways2Well will have no liability for errors, unreliable operation, or other issues resulting from use of the Site on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Site on Modified Devices will be at your sole and exclusive risk and liability.
25. No Liability for Select Third Parties
Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Site, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms of Service and they do not own and are not responsible for the Site. Ways2Well, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Site or your use or possession thereof, including, but not limited to, claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions. YOU AGREE: (A) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND (C) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (D) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE SITE AND THESE TERMS OF SERVICE. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF SERVICE, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS OF SERVICE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Site or your possession and use of the Site infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.
26. Revisions; General
Ways2Well 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. Ways2Well reserves the right to modify these Terms of Service 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 Service each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. These Terms of Service constitute the entire agreement between Ways2Well and you pertaining to the subject matter hereof. In its sole discretion, Ways2Well may from time-to-time revise these Terms of Service by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Service, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages within this Site. For purposes of these Terms of Service, (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms of Service as a whole.