Your access to and use of the Site and the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
Your Relationship with Us
By providing your cell phone number and email address to Nepenthe Wellness, (“Nepenthe Wellness”), you are agreeing to be contacted by or on behalf of Nepenthe Wellness and its unaffiliated providers, including emails to your email address and text (SMS) messages to your cell phone and other wireless devices, and the use of an automatic telephone dialing system, artificial voice and prerecorded messages, to providing you with marketing and promotional materials relating to Nepenthe Wellness’s products and services, and products and services of its affiliated providers. You may opt-out of receiving text (SMS) messages from Nepenthe Wellness or its subsidiaries at any time by replying with the word STOP from the mobile device receiving the messages. You need not provide this consent in order to purchase any products or services from Nepenthe Wellness. However, you acknowledge that opting out of receiving text (SMS) messages may impact your experience with the service(s) that rely on communications via text (SMS) messaging.
Any controversy, dispute or claim arising out of, or relating in any way to these Terms or your use of the Site or Service will be resolved by binding arbitration rather than in court.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. Your claims cannot be brought as a class action. However, an arbitrator can award on an individual basis the same damages and relief as a court. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
To begin an arbitration proceeding, you must first send a scanned letter to Nepenthe Wellness concerning your claim. The letter should be scanned and addressed to: [email protected] If Nepenthe Wellness elects to begin an arbitration proceeding, it will send you a written letter to the most recent address we have on file or in our records for you. A letter, whether sent by you or by Nepenthe Wellness, must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Nepenthe Wellness and you do not reach an agreement to resolve the claim within thirty (30) days after the letter is received, you or Nepenthe Wellness may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Nepenthe Wellness or you prior to the arbitration shall not be disclosed to the arbitrator. To initiate arbitration, you may download a “demand for arbitration” form from the American Arbitration Association at www.adr.org.
Nepenthe Wellness and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. If for any reason a claim proceeds in court rather than in arbitration, Nepenthe Wellness and you each waive any right to a jury trial. Notwithstanding anything to the contrary herein, Nepenthe Wellness and you agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights of the other party.
If you wish to purchase any product or service made available through the Service (individually and collectively, a “Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that (i) any credit / debit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company, (iii) you will pay the charges incurred in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the credit / debit card was issued and you are authorized to make a purchase or other transaction with the relevant credit / debit card and information.
For your convenience and to simplify the purchase process, our products and/or services may list a single total price for the collective products and/or services included in this purchase. If the product and/or services include medical services from our unaffiliated Medical Group Providers and/or prescription medication, the total price includes the amounts charged by the Medical Groups for their services and/or the pharmacies for prescription medication. These charges are collected by Nepenthe Wellness on behalf of and paid to these Medical Groups and pharmacies.
Agreement for Self-payment of Services
Nepenthe Wellness and our unaffiliated Medical Group Providers are committed to providing the best quality healthcare services. We do not participate in any insurance plans, including Medicare or Medicaid, and we do not accept any health insurance. Our services are 100% self-pay by our patients, and you agree to be responsible for full payment of the listed price of the services.
Your insurance policy is a contract between you and your insurance company. It is your responsibility to know your benefits, and how they will apply to your benefit payments, and we take no responsibility to understand or be bound by the terms and conditions of such insurance. By agreeing to use the Services, 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. There is no guarantee your insurance company will make any payment on the cost of the services you have purchased.
Consent for Recurring Payments
For products and/or services with recurring payments, the payment method you provided will be automatically charged at regular intervals as described during the checkout process. If a credit card / debit card account is being used for a transaction, Nepenthe Wellness may obtain pre approval for an amount up to the amount of the payment. If you would like to designate a different payment method or if there is a change to your payment information, please email [email protected] to process this change.
Availability, Errors, and Inaccuracies
We are constantly updating product and service offerings on the Site and Service. We may experience delays in updating information on the Site or Service and in our advertising on other web sites. The information found on the Site or Service may unintentionally contain errors or inaccuracies and may not be complete or current. Products or services may be unintentionally mispriced, described inaccurately, or unavailable on the Site or Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update any information and to correct any errors, inaccuracies, or omissions on or in connection with the Site, the Service, these Terms, or otherwise, at any time and without prior notice.
Contests, Sweepstakes, and Promotions
When you create an account with us or use the Service, you represent and warrant that: (i) you have the legal capacity and agree to comply with these Terms; (ii) you are above the age of eighteen (18); (iii) you will not use the Site or Service for any illegal or unauthorized purpose; and (iii) that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, fraudulent or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to any necessary restriction of access to your computer (or mobile or other device) and/or account. You agree to accept responsibility for any and all activities or actions that occur through your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately if you suspect or become aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity, a name that is not lawfully available for use, or any name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that protected content posted on the Site and/or through the Service infringes on the copyright or other intellectual property rights (collectively, “Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work has been utilized in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or fraudulent or bad-faith claims regarding the infringement of any content found on and/or through the Site or Service.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the copyright (or other exclusive right) that is allegedly infringed.
(ii) Identification of the copyrighted work (or list of works, if multiple copyrighted works at a single online site are covered by a single notification) claimed to have been infringed, including the relevant URL (i.e., web page address).
(iii) Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit one to locate the identified material.
(iv) Information reasonably sufficient to permit one to contact you or the complaining party, such as an address, telephone number, and email address.
(v) A statement that you or the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you or the complaining party are authorized to act on behalf of the copyright (or other exclusive right) owner that is allegedly infringed.
You can contact our Copyright Agent via email at [email protected]
Unless otherwise indicated, the content, features, and functionality of the Site and Service (collectively, “Content”), and our trademarks, service marks, logos, and trade dress (collectively, “Marks”), are and will remain the exclusive, proprietary property of Nepenthe Wellness and its licensors, successors, and/or assigns. The Site, Service, Content, and Marks are protected by copyright, trademark, and other applicable rights and laws of the United States, foreign jurisdictions, and international conventions. Our Content and Marks may not, without the prior written consent of Nepenthe Wellness, be: (i) copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, reverse-engineered, sold, licensed, or otherwise exploited; or (ii) used in connection with any product or service. We reserve all rights in and to the Site, Service, Content, and Marks not expressly granted to you herein.
Links To Other Websites
Our Site or Service may contain links to third party web sites or services that are not owned or controlled by Nepenthe Wellness.
Nepenthe Wellness has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any third parties or their services or websites.
You acknowledge and agree that Nepenthe Wellness shall not be responsible or liable, directly or indirectly, for any damage or loss caused (or alleged to be caused) by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you wish to terminate your account, you may simply discontinue using the Service. You are free to stop using the Services at any time.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities and limitations of liability.
Limitation Of Liability
In no event shall Nepenthe Wellness or the Indemnified Parties be liable for any indirect, incidental, special, consequential or punitive damages (whether or not we have been informed of the possibility of any such damages) based on any causes of action, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of (or inability to access or use) the Site or Service or any performance error, omission or interruption in connection thereto; (ii) any conduct or content of any third party on the Site or Service; (iii) any content obtained from the Site or Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory or basis, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Site and Service is at your sole risk. The Site and Service are provided on an “AS-IS” and “AS AVAILABLE” basis. The Site and Service are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Neither Nepenthe Wellness nor the Indemnified Parties warrant that: (i) the Service will function in an uninterrupted manner, function securely or be available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.
If certain jurisdictions do not allow the exclusion of certain warranties, or the exclusion or limitation of liability for consequential or incidental damages, the limitations herein will apply to you only to the extent permitted by applicable law.
These Terms shall be governed and construed in accordance with the laws of the state of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to amend, modify, or replace these Terms at any time. If a revision consists of a material change, we will provide at least thirty (30) days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at the below addresses.