USING THE SERVICES
You are welcome to use the Website to book appointments, classes, sessions, and make purchases, directly from service providers who are subscribers of the Service (each, a “Provider”). Also, the Service allows you to post and view reviews of Providers and also non-Providers that are simply listed on the Website.
To use the Services, and depending on Heallist’s policies then in effect, you may either be able to use the Website on a ‘guest’ basis, or you may need to create an account (“Account”) which will require you to upload and update your information on the Website. You agree to immediately notify Heallist at support@Heallist.com following any unauthorized use, access or other compromise of your Account. Heallist reserves the right to disable any Account, or access by any visitor or user, upon its reasonable belief that security in respect to such use has been or likely will be compromised.
Heallist may provide, using Heallist’s own technology or a third-party provider technology, services that will enable users to access encounters with Providers via telecommunication technology (“Telecommunication Encounters”), such as interactive, audiovisual communications. Heallist’s Telecommunication Encounters services shall be limited to marketing and scheduling such Telecommunication Encounters, and under no circumstances shall Heallist be deemed to be the provider of such Telecommunication Encounters.
You represent and warrant that if you participate in any Telecommunication Encounters, you will deemed to have consented to engage in, and have wellness services delivered to you via, such Telecommunication Encounter, and also that you have availed yourself reasonable accommodations and procedures that will be operational in the event you may requireemergency wellness services during a Telecommunication Encounter.
You agree and acknowledge that:
- unless you are a wellness services provider and have entered into a Practitioner Services Agreement with Heallist, the Service is for personal use only. You will not use the Service for any commercial purpose.
- you are solely responsible for all activities that occur through your Account or other use of the Service.
- if you have an account on the Website, you will monitor that Account, change your password periodically, not provide your username or password to anyone else, not allow any other person or entity to access or use your Account, and notify Heallist immediately of any unauthorized use of your Account or breach of your password security by sending an email to email@example.com.
- you will comply with all applicable laws in your jurisdiction.
- your use of the Service may involve the transmission of private information, including potentially personal health information, via unsecure means (for example, email).
- NOT use the Services in any illegal or unauthorized manner.
- NOT abuse, harass, threaten, harm, or impersonate other Heallist users, or Heallist employees, at any time, for any reason.
- NOT use the Service to post fraudulent, inaccurate, or misleading reviews.
- NOT upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; in violation of copyright law or trademark law or any other law protecting intellectual property in any jurisdiction; or in a manner that violates the publicity or privacy rights of any person or entity.
- NOT upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, ‘affiliate links’, or any other form of solicitation.
- NOT transmit any worms or viruses or any code of a destructive nature.
For services that you order, schedule, subscribe to, or otherwise use or benefit from through the Website that carry a fee, you agree to pay the applicable fee to the Provider. If you elect to pay by credit card and the Provider does not receive payment from the credit card issuer, you agree to pay all amounts due to the Provider directly. In no way shall Heallist be liable for any fee, refund, or monetary issue arising between you and a Provider, another user, client, customer, practitioner, or any other person and/or entity.
The Service may contain links to other websites (“Third Party Sites”). Third Party Sites are provided solely as a convenience to our users and visitors. Such Third Party Sites are not under Heallist’s control, and Heallist is not responsible for and does not necessarily endorse the content or practices of such Third Party Sites, including also any information or materials contained on such Third Party Sites. You will need to make your own independent judgment regarding your interaction with Third Party Sites.
You must be 18 years of age or older to use the Service. If the age of majority in your State is higher than 18 years, you must have attained the age of majority in your State, or have the consent of your parent or guardian, to use the Service. In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Heallist will never knowingly solicit, nor will it accept, personally identifiable information from users known to be under thirteen (13) years of age.
GUIDELINES FOR REVIEWS
If you wish to review Providers or other Heallist subscribers, you agree that:
- your review will be objective, useful, and informative for a reader to reasonably understand your experience;
- your review will be formed as information relevant to a recommendation; for example, how the experience met your expectations; or if you would recommend a certain Provider.
- your review will use short sentences that describe the highlights of your experience;, we recommend a review is kept in the general range of 30 to 120 words.
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABLITY
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, THE HEALLIST PARTIES’ LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
DISCLAIMER REGARDING HIPAA COMPLIANCE
If and to the extent you are covered entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and need your business associates to comply with HIPAA, Heallist hereby notifies you that Heallist’s operations are not compliant with HIPAA. Heallist’s operations may generally be exempt from HIPAA pursuant to the conduit exception; however, if and to the extent the Services provided to you would not qualify for the conduit exception, Heallist’s operations with respect to the Service are not HIPAA compliant. You understand and agree that Heallist will not execute a business associate agreement under HIPA.
SEVERABILITY; WAIVER; ASSIGNMENT; NOTICES
Legalinc Corporate Services Inc.
651 N Broad St., Suite 201
Middletown DE 19709