Terms of Service
GENTLE GUIDE LLC TERMS OF SERVICE
BY USING OR ACCESSING ANY PART OF THE GENTLE GUIDE LLC (HEREINAFTER REFERRED TO AS “GENTLE GUIDE”) SITE, APPLICATION OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE GENTLE GUIDE TERMS OF SERVICE, HEREINAFTER REFERRED TO AS “THE TERMS,” IN THEIR ENTIRETY. ALL Users OF THE APP (HEREINAFTER REFERRED TO AS “Users”) ARE REQUIRED TO READ ALL SECTIONS OF THE TERMS AND TO AGREE TO ALL OF THEM BEFORE USING ANY OF THE GENTLE GUIDE CONTENT OR SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS, YOU ARE RESPONSIBLE FOR CONFERRING WITH INDEPENDENT LEGAL COUNSEL TO FULLY UNDERSTAND THE TERMS. BY USING GENTLE GUIDE YOU AGREE THAT YOU HAVE MADE EVERY NECESSARY EFFORT TO UNDERSTAND THE TERMS BEFORE ENTERING INTO THIS AGREEMENT AND USING THE GENTLE GUIDE CONTENT AND SERVICES. THIS DOCUMENT REPRESENTS THE FULL AND FINAL AGREEMENT BETWEEN Users AND GENTLE GUIDE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE ANY OF GENTLE GUIDE’S CONTENT OR SERVICES IN ANY MANNER WHATSOEVER.
1. GENTLE GUIDE APPLICATION AND SERVICES: Gentle Guide connects open-minded people with Practitioners, offering services in a wide and all encompassing range of modalities pertaining to the mind, body and spirit. Gentle Guide is not a health care service provider, and does not provide any health care services, nor does it recommend or issue referrals to any medical practices or medical Practitioners, or any other health care service provider or personnel. The content on the Gentle Guide website and application may include information that pertains to health or medical issues, and is solely provided for informational purposes and should not be misconstrued as medical advice or opinions. Gentle guide does not provide any medical opinions, treatment, counseling, or services of any kind whatsoever. Information provided by Gentle Guide’s website or application should never be used as a substitute for professional medical advice or diagnosis. If you have questions about a medical condition, you should speak to your physician or other qualified healthcare professional for any sort of opinion, diagnosis, or treatment. Do not delay seeking treatment or otherwise disregard the advice of any healthcare professional based on any of our content. If you have a medical emergency, dial 911. Use of the Gentle Guide services does not create a doctor/patient relationship of any kind between Gentle Guide and its Users. Gentle Guide is not involved in any agreements entered into between Users and Practitioners found through our content or services. Gentle Guide cannot be held liable for any actions or omissions made by any provider who advises or treats you, and is not a party to any transaction made between Users or Practitioners who have formed a relationship through Gentle Guide.
Through Gentle Guide, Users can discover Practitioners they are interested in, read reviews, send them a message, and book a session. When a User books a session through Gentle Guide, it will be automatically entered into the Practitioner’s calendar to make the scheduling process as simple and streamlined as possible. Once a session has been booked, Gentle Guide functions as a billing service, charging Users directly. Users will be charged 48 hours before the appointment.
After a session has been booked and the Practitioner has reviewed the User’s information, the Practitioner may determine that they are unable to provide treatment, in which case you will be notified and will not be charged for the session. By using Gentle Guide, you acknowledge and understand that there may be no Practitioners in your area. Neither your registration with the Gentle Guide, nor anything else contained herein guarantees that any Practitioners will be available to provide in-person services in your area.
Gentle Guide does not offer any form of medical or legal advice. There may be opinions posted on the Gentle Guide website that discuss legal, regulatory or other issues from time to time. Such opinions are posted for informational purposes only by third parties. Gentle Guide will never offer any form of legal advice or opinions. The use of our services will never create any sort of attorney/client relationship. No part of any content posted on our website or application or any of our other platforms should ever be construed as any sort of intent to create such a relationship. Please consider any and all opinions at your own risk and consult with your own independent legal counsel if you have any legal questions or concerns relating to your use of Gentle Guide.
2. PRACTITIONERS: Gentle Guide LLC contracts with a wide range of Practitioners across the spectrum of healing (hereinafter referred to as “Practitioners”). We are a community-vetted platform. Practitioners are rated and reviewed based on their level of service. To sign up for our app, they are asked a series of questions and are required to provide 3 testimonials and to have been in practice for no less than one year.
None of the Practitioners listed by Gentle Guide are employees of Gentle Guide. Employees of Gentle Guide will never provide health care services or advice and will never take part in any diagnosis and/or treatment. Gentle Guide will never employ, recommend or endorse any Practitioner or User. Gentle Guide is not responsible for the conduct or behavior of any User or Practitioner. Gentle Guide is solely a tool to connect Practitioners with Users who are interested in their services, and is not a party to any action or contract entered into between those parties. The User acknowledges and agrees that they are solely responsible for determining if any Practitioner that they hire or contract with is qualified to perform the services for which they hire them and for complying with all applicable laws in connection with those services and relationships. The Practitioner acknowledges and agrees that they are solely responsible for determining if they can and should work with a User who wishes to book a session with them and that Gentle Guide is not responsible for vetting Users or referring or recommending clients to their practice in any manner whatsoever.
As many of the healing services listed by Gentle Guide are on the cutting edge of metaphysical work, not all of the Practitioners on the platform have a license or degree. We advise you to communicate regularly with licensed healthcare professionals before engaging in any of our services to make sure those services are right for you.
3. YOUR INFORMATION AND PRIVACY: Gentle Guide LLC respects your privacy. When you register with us and when you book sessions, you will be asked to provide personal information. It is imperative that the information you provide is truthful and accurate, and by submitting any such information you represent and warrant to us and to the Practitioners that you book appointments with that any and all information you provide to us is true and correct and to the best of your knowledge. Gentle Guide can refuse your registration or cancel your appointments if we determine that you have provided incomplete or inaccurate information regarding your identity or otherwise.
Gentle Guide LLC is not a medical provider and the information provided to us is not protected as such. We share the information you provide with the Practitioners that you book appointments with. Your information will never be sold or shared without your knowledge.
As a User you agree that you will not create any Username or provide any information that belongs to another person with the intent of impersonating any other person, and that you will not provide any such information that is subject to any rights of any person other than yourself without the appropriate legal authorization. By using Gentle Guide you further agree that you will never use any other person’s login information to access our application or services, and that you are the sole User of your private account information.
4. BILLING FOR SERVICES: Gentle Guide will bill Users 48 hours in advance of every session booked through Stripe. Gentle Guide accepts credit cards. Users will have 24 hours to cancel or reschedule an appointment, otherwise they will be charged the full cost of the session.Anyone who is 15 or more minutes late to their session will be deemed a “no-show” and will be charged the full amount for the session.
Booking Fee. Gentle Guide charges to Client a Booking Fee on all scheduled sessions in an amount as listed.
Fee Adjustments. We reserve the right to change any fee that may be charged by Gentle Guide at any time, at the sole discretion of Gentle Guide and upon reasonable notice posted in advance on the Site. No refunds of fees already paid will be given.
(a) Taxes. Registered Users are responsible for payment and reporting of any taxes. Practitioners are solely responsible for the timely and accurate entry and submission of charges for the Services they provide to Clients (including all applicable sales, use and other taxes, for which Practitioners or Clients are responsible to calculate, request payment of, collect and remit to the appropriate tax authorities) utilizing the Services. Such invoices shall reflect that the sums due are solely for the Services provided by Practitioners, and not for any Services of Gentle Guide, and that Gentle Guide is not considered to be an agent, reseller or co-vendor with Practitioner with respect to the Services. Each Practitioner shall indemnify and hold Gentle Guide harmless from any and all claims by any tax authority that Gentle Guide is liable for sales tax on any sums paid for Practitioner’s Services. Each Practitioner agrees that to the extent Gentle Guide is assessed a tax for any Services to a Client, Gentle Guide is entitled to immediate reimbursement from Practitioner or Client of any such assessments.
(b) Authorized Payments are Final. Your use of the Site constitutes your agreement to pay for any amounts which you authorize us to charge to your payment card. Such payments, once authorized, are final. Client hereby releases Gentle Guide from any and all liability with respect to such Payment.
(c) Fraud and Error. Gentle Guide reserves the right to seek reimbursement from you, and you will reimburse Gentle Guide, if Gentle Guide discovers a fraudulent transaction, erroneous or duplicate transaction, or if Gentle Guide receives a charge back or reversal from any Payment Method for any reason. You agree to and acknowledge Gentle Guide’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Gentle Guide in an effort to investigate fraud. You agree that Gentle Guide has the right to obtain such reimbursement by charging the Payment Method associated with your Gentle Guide account or obtaining reimbursement from you by any other lawful means, including using a third-party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your Gentle Guide account, without limitation of any other available rights or remedies.
(d) Currency. All invoices and Payments operate in US Dollars.
5. ELIGIBILITY: To use the Gentle Guide site, application, services or content, you must be 18 years or older. As a User of the Gentle Guide site, application, services or content, you warrant that you are at least 18 years of age and that you are legally capable of entering into a binding legal agreement between yourself and Gentle Guide via acceptance of these terms and conditions in their entirety. If you are not 18 years or older and if you are not of legally sound mind or are otherwise incapable of entering into a legally binding agreement, you are prohibited from using Gentle Guide’s website, application, services or content. If you are using Gentle Guide on behalf of a third party, you further warrant that you are a legally authorized representative of that third party and that you have the legal authority to accept these terms and conditions on the third party’s behalf via power of attorney or otherwise legally sufficient authorization.
Gentle Guide does not and shall not discriminate on the basis of race, religion, creed, gender, gender expression, age, ancestry, national origin, disability, marital status, sexual orientation, or military status in any of its activities or operations. Gentle Guide reserves the right to ban or prohibit any User for a breach of any of these terms and conditions, inappropriate behavior, or any form of abuse or misuse of its services in any manner whatsoever. Any User who has been previously prohibited or banned from using or accessing Gentle Guide’s site, app or content or that of any of Gentle Guide’s affiliates is not permitted to access Gentle Guide. By using Gentle Guide you warrant that you have not been previously banned or prohibited from using or accessing any of the services of Gentle Guide or its affiliates.
6. IMPORTANT SERVICE NOTICES AND DISCLAIMERS: All Users should communicate with their licensed healthcare professional before engaging in any of the Gentle Guide services and before booking a session with any of the Practitioners. Gentle Guide is not a healthcare provider. Gentle Guide does not endorse or recommend any specific Practitioners, modalities, products or procedures. Gentle Guide is not a party to any services provided by Practitioners to Users. Gentle Guide is not liable for any actions or inactions of any Practitioners and shall not be held liable for any advice provided by Practitioners in person, via telephone or telehealth, or through any other means whatsoever, even if the communication is facilitated by Gentle Guide. Practitioners will never act on behalf of or under the direction of Gentle Guide and are not employees of Gentle Guide. Gentle Guide is not involved in any relationship between Users and Practitioners in any way whatsoever other than that which is explicitly stated in these terms and conditions and no relationship may be implied by any of its services in any manner whatsoever. By using Gentle Guide you assume all of the risk and responsibility associated with your use of these services. You further agree that your reliance on any Practitioner that you select for a session or any information provided to you by any such Practitioner is solely at your own risk. By accepting these terms and conditions you agree to assume all risks associated with your interactions with Practitioners and your use of their services. You further acknowledge that before booking a session or seeking or relying on any information or advice provided by any of the Practitioners you will confer with your primary healthcare provider. You are advised to communicate regularly with your licensed healthcare professional before using any of these services. You should never stop or change any of your current medications or healthcare routines or treatment without consulting with your licensed healthcare professional and you should always follow the advice of your licensed healthcare professional when using Gentle Guide. By using Gentle Guide’s site, app, services or content you warrant that you have consulted with your healthcare professional and that you assume all responsibility and risk associated with your use of Gentle Guide’s site, app, services or content. You further acknowledge that Gentle Guide is not a party to any services provided to you by any Practitioner and that Gentle Guide is solely a platform to connect interested people with Practitioners and bill them for services. No further relationship is implied or expressed and Gentle Guide is not responsible for the actions of Practitioners. Practitioners are not employees of Gentle Guide and your use of their services is voluntary and at your own risk.
When a User books a session with a Practitioner, they will likely be required to review and accept a separate, independent agreement with the Practitioner regarding any services or treatment sought. Gentle Guide is not a party to any such agreement. Any agreement entered into between Users and Practitioners is completely independent of Gentle Guide and is at your own risk, whether explicit or implied. Such an agreement will likely be in the form of a patient agreement and may include information regarding medical services, payment, or otherwise. Gentle Guide is not a party to any agreement provided to Users by any Practitioners and nothing within these terms or conditions should be construed to imply otherwise. Gentle Guide is not a party to any professional relationship formed between Users and Practitioners and is not a party to any explicit or implicit agreement between them. Users who enter into agreements with Practitioners do so at their own risk and should confer with medical healthcare professionals before doing so.
ADDITIONAL SERVICES AND TERMS: Some of the Gentle Guide Services may be subject to additional terms and conditions. If any additional terms or conditions apply to any of the services you use, the applicable terms or conditions will be provided to you prior to receiving those services and will be incorporated into this Agreement by reference.
8. CANCELLING YOUR ACCOUNT: You have the right to cancel your Gentle Guide account at any time. If you wish to cancel your account, please email email@example.com. Gentle Guide reserves the right to reject any Users of its services, at its sole discretion, at any time to the extent permissible under applicable law.
9. ACCOUNT SECURITY: Once Gentle Guide receives a User’s personal information or that of any minor for whom they are responsible, it will be kept secure by Gentle Guide in accordance with applicable law. Users are responsible for maintaining the confidentiality of their username and password chosen during the registration process. Users are fully responsible for any and all activities occurring under their personal username and password. Users are required to notify Gentle Guide immediately if there is any unauthorized use of their username or password or any other known or suspected breach of security relating to your use of Gentle Guide, your username or password. Gentle Guide shall not be held liable for any loss or damage arising from a User’s failure to comply with this provision. Users should exercise particular caution when accessing their account from a public or shared computer or when using unencrypted email correspondence to discuss private matters with a Gentle Guide representative, the Practitioners, or any Healthcare Professional, so that no third party is able to view, record, or intercept the User’s password or any other personal information. All Users acknowledge that they have been informed of the risks of transmitting personal information by any unsecured means prior to using Gentle Guide.
10. LICENSE AND LIMITATIONS ON USE: Gentle Guide grants the User a limited, personal, non-exclusive and non-transferable license and right to use the Gentle Guide application. The Gentle Guide application is for the User’s personal and non-commercial use unless otherwise specified by Gentle Guide in writing. The Gentle Guide Application and its contents, which include without limitation, the content, organization, design, metadata, look, feel, source, object, HTML code, and any and all other protectable intellectual property available through Gentle Guide (hereinafter referred to as “Proprietary Materials”) are the property of Gentle Guide or of Gentle Guide’s licensors and are protected by copyright and other intellectual property laws. Any and all rights regarding any Proprietary Materials that are not expressly granted in the Gentle Guide Terms of Service are reserved by Gentle Guide. No one may copy, sell, reproduce, publish, display, retransmit, distribute or otherwise provide access to the Gentle Guide Proprietary Materials to anyone without Gentle Guide’s written consent. No one may rearrange or modify the Proprietary Materials of Gentle Guide or create any form of derivative works using Gentle Guide content, or create or display any Gentle Guide content in any form for any reason. Additionally, no one can post any content from Gentle Guide to any news groups, mailing lists, weblogs, or electronic bulletin boards without the written consent of Gentle Guide.
By using the Heal Application or the Services, you represent and warrant that any personal and/or health information you provide to Heal is true and accurate and that your use:
- Will be for lawful purposes only and never for sending or storing unlawful material or use for fraudulent purposes;
- Will not cause nuisance, annoyance, disruption, or inconvenience to any Heal representatives, or Health Care Professionals; - Will not impair the proper operation of the network;
- Will only be through access points or wireless data account (AP) which you are authorized to use; and
- May incur standard messaging charges by your wireless provider.
11. Notice for Claims of Copyright Violations: If you believe that your work has been copied and posted on our website in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:
1. a description of the copyrighted work that you believe has been infringed;
2. a description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on the Gentle Guide Application; your address, telephone number, and email address;
3. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
4. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Please send the written communication to our Copyright Agent by email at firstname.lastname@example.org.
We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of others.
12. User Conduct: Grounds for termination: inappropriate action, racism, sexism, three negative reviews + other legal terms for more coverage.
We reserve the right to terminate your account if you misuse the Gentle Guide Application, our Services or our website, or if you violate this Agreement including, without limitation, the following rules of conduct:
You may not:
- Upload, post, or transmit to Gentle Guide or any Health Care Professionals by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including another User of our Services, a Health Care Professional, or an employee of Gentle Guide, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;
- Upload, post, email, or otherwise transmit through the Application by any means, content, materials, or comments that could be characterized as “medical advice;” -
Attempt to interfere with or disrupt our servers or networks;
- Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
- Stalk or otherwise harass another User of our Services or any of our employees, or any Health Care Professionals;
- Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other Users, including Usernames or passwords; or access or attempt to access another User’s account without his or her consent or, in the case of a patient with a legal guardian, including minors, , that of the legal guardian or other legally responsible entity.
14. Disclaimers of Warranties:
14.1 NO WARRANTIES. THE SITE AND SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. Gentle Guide DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW. Gentle Guide DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. Gentle Guide MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS.
14.2 USE OF SITE AND SERVICES ARE AT YOUR OWN RISK. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CONTACT 9-1-1. Gentle Guide DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT OR ENGAGE IN ANY CONDUCT THAT REQUIRES A PROFESSIONAL LICENSE. NOTHING CONTAINED ON THE SITE OR SERVICES OFFERED BY Gentle Guide SHOULD BE CONSTRUED AS ANY FORM OF SUCH MEDICAL ADVICE, DIAGNOSIS, OR SUBSTITUTE FOR PROFESSIONAL CONSULTATION. YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A HEALTHCARE PROFESSIONAL FOR ANY MEDICAL ADVICE, DIAGNOSIS, TREATMENT, AND ANSWERS TO YOUR PERSONAL QUESTIONS PRIOR TO ENGAGEMENT OF ANY Practitioner’S SERVICES. Practitioner’S SERVICES MAY NOT BE RIGHT FOR EVERY PERSON.
14.3 THIRD-PARTY CONTENT AND WEBSITES. Gentle Guide WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. Gentle Guide DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND Gentle Guide WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND Practitioners OF PRODUCTS OR SERVICES. Gentle Guide WILL NOT BE LIABLE FOR THE OFFENSIVE, ILLEGAL, HARMFUL CONDUCT OF ANY THIRD PARTY. MATERIAL ON THE SITE MAY INCLUDE HYPERLINKS TO INFORMATION CREATED AND MAINTAINED BY OTHER PUBLIC AND PRIVATE ORGANIZATIONS AND PERSONS. Gentle Guide PROVIDES THESE LINKS SOLELY FOR OUR Users’ INFORMATION AND CONVENIENCE. THESE REFERENCES ARE NOT INTENDED TO REFLECT THE OPINION OF Gentle Guide, OR ITS OFFICERS OR EMPLOYEES CONCERNING THE SIGNIFICANCE, PRIORITY, OR IMPORTANCE TO BE GIVEN THE REFERENCED ENTITY, PRODUCT, SERVICE, OR ORGANIZATION. SUCH REFERENCES ARE NOT AN OFFICIAL OR PERSONAL ENDORSEMENT OF ANY PRODUCT, PERSON, OR SERVICE, AND MAY NOT BE QUOTED OR REPRODUCED IN A WAY THAT IMPLIES Gentle Guide’S ENDORSEMENT OR APPROVAL OF ANY PRODUCT, PERSON, OR SERVICE. WHEN YOU SELECT A LINK TO AN OUTSIDE WEBSITE, YOU ARE LEAVING THE Gentle Guide DOMAIN AND ARE SUBJECT TO THE PRIVACY AND SECURITY POLICIES OF THE OWNERS/SPONSORS OF THE OUTSIDE WEBSITE. Gentle Guide DOES NOT CONTROL NOR GUARANTEE THE ACCURACY, RELEVANCE, TIMELINESS, OR COMPLETENESS OF INFORMATION CONTAINED ON AN EXTERNALLY LINKED WEBSITE.
14.4 YOUR RIGHTS MAY VARY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS.
15 Limitation of Liability:
15.1 NO CONSEQUENTIAL DAMAGES. IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Gentle Guide, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “Gentle Guide” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE OR THE SERVICES, EVEN IF Gentle Guide HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. Gentle Guide WILL NOT BE LIABLE FOR THE COST OF SERVICES, LOSS OF REVENUE OR LOSS OF GOOD WILL.
15.2 OUR LIABILITY IS LIMITED. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AGGREGATE AMOUNT ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A SERVICE, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW.
15.3 YOUR RIGHTS MAY VARY. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OR NATION OF RESIDENCE.
15.4 Data. You are responsible for the creation, storage, and backup of your business records. These Terms and any registration for or subsequent use of this Site or the Services will not be construed as creating any responsibility on Gentle Guide’s part to store, backup, retain, or grant access to any information or data for any period.
GENTLE GUIDE, LLC. DOES NOT REFER, RECOMMEND, OR ENDORSE ANY OF THE PRACTICES THAT LICENSE THE APPLICATION, OR ANY PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL THAT CONTRACTS WITH THE PRACTICES. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY A PRACTICE OR HEALTH CARE PROFESSIONAL ARE SOLELY ATTRIBUTABLE TO THE PRACTICE OR HEALTH CARE PROFESSIONAL AND NOT GENTLE GUIDE, LLC. RELIANCE ON ANY INFORMATION PROVIDED BY ANY PRACTICE OR HEALTH CARE PROFESSIONAL ON OR THROUGH THE HEAL APPLICATION, SERVICES OR OUR WEBSITE IS SOLELY AT YOUR OWN RISK. GENTLE GUIDE, LLC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY ANY PRACTICE OR HEALTH CARE PROFESSIONAL AND/OR THE SERVICES PROVIDED BY SAID PRACTICE OR HEALTH CARE PROFESSIONALS OR BY THIRD PARTIES FEATURED ON OR THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE. THE PRACTICES AND HEALTH CARE PROFESSIONALS ARE RESPONSIBLE FOR COMPLYING WITH REGULATORY AND LOCAL REQUIREMENTS FOR MALPRACTICE AND LIABILITY INSURANCE. ALL INTERACTIONS WITH HEALTH CARE PROFESSIONALS ARE BETWEEN YOU AND THE LICENSED HEALTH CARE PROFESSIONAL. BY USING THE APPLICATION, SERVICES, OR WEBSITE, YOU AGREE NOT TO HOLD GENTLE GUIDE, LLC LIABLE IN ANY WAY FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT THE HEALTH CARE PROFESSIONAL MAY RENDER TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE. IN NO EVENT SHALL GENTLE GUIDE, LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE APPLICATION, SERVICES OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A PRACTICE OR HEALTH CARE PROFESSIONAL OR COMMUNICATIONS OR MEETINGS BETWEEN OR AMONG YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, AND ANY PHYSICIANS, MEMBERS OR ANY OTHER PERSONS YOU MEET THROUGH THE HEAL APPLICATION, SERVICES OR OUR WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH HEALTH CARE PROFESSIONALS. FURTHER, GET GENTLE GUIDE, LLC DOES NOT RECOMMEND, AND YOU AGREE TO BE WHOLLY RESPONSIBLE, IF YOU OR ANY MINOR OR PATIENT FOR WHOM YOU ARE RESPONSIBLE DECIDES TO MEET OFFLINE OR IN PERSON WITH ANY HEALTH CARE PROFESSIONAL.
You agree to defend, indemnify, and to hold harmless Gentle Guide, together with Gentle Guide’s officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third-parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to: (a) your use of the Application, Services or our website or your inability to use the Application, Services or our website; (b) an allegation that you violated any representation, warranty, covenant or condition in this Agreement; (c) your intentional or negligent misrepresentation or misuse confidential or protected information. Your agreement to defend, to indemnify, and to hold Gentle Guide (and Gentle Guide’s officers and directors) harmless applies whether any claim against Gentle Guide is based in allegations of violation(s) of law or contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third-party rights, a claim that the Application, Services and/or our website caused damage to you or to any third party and/or your use and access to the Application, Services and/or our website. This indemnification section shall survive your termination of or cessation of use of the Application, Services and our website.
18 Third-Party Web Sites, Products and Services
18.1 Intellectual Property Rights. All content on the Site, or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Site and/or Services (“Site Design”), and all software and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to Gentle Guide and/or its affiliates. Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design or Technology.
18.2 Third-party Content. The Site may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the Site may contain links to third-party websites. Gentle Guide is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party sites.
Gentle Guide may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of Gentle Guide’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
20 Promotions and Offers:
Price discounts cannot be used together or combined with other discount offers or promotional offers. Promotional offers are intended for the addressed recipient only and cannot be transferred. If you are not the intended recipient, then the offer is null and void. We may request further information from you if you wish to participate in our promotions and offers. Participation in these promotions is completely voluntary. Therefore, you have the choice to decline to participate in any promotion where you are required to provide further information about yourself.
We are not responsible for any unauthorized promotions and offers offered by third-parties through Gentle Guide.
You and Gentle Guide agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, any breach, enforcement, or termination of these Terms, or otherwise relating to Gentle Guide in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Section 12.
22.1 Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at legal@Gentle.Guide, provide a brief, written description of the dispute and your contact information (including your Username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
22.2 Applicable Law. United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of California, without regard to conflict of laws principles, will govern all Covered Matters.
22.3 WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
22.4 STATUTE OF LIMITATIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
Voluntary independent relationship Your relationship with us is completely voluntary We can terminate whenever Independent contractor no benefits
Separate: Provider Use of the Service. If you are a Provider, you may create a User Account for yourself and/or your organization. You may advertise your services in limited channels, as the Service permits. When creating a User Account, Providers are expected to identify themselves as a provider or representative of a clinic. As a Provider, you must provide:
Your name and contact information;
Your workplace address;
Your working hours;
Your primary area of practice;
Providers and Personal Health Information. Providers must not create, receive, maintain, or transmit Clients’ Personal Health Information on or through Gentle Guide’s servers on more than a temporary basis.
Compliance With Laws. You represent and warrant that: (i) you have the authority to, and are of legal age to, bind yourself to this Agreement; (ii) your use of the Service will be solely for purposes that are permitted by this Agreement; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Service will comply with all local, state and federal laws, rules, and regulations, and with all other Gentle Guide policies.
Additional Terms May Apply. This Agreement, along with the Gentle Guide Privacy Statement and Gentle Guide’s other terms, conditions, and policies, is the entire understanding between you and Gentle Guide. However, your physician or health care professional will have separate terms and conditions that govern your relationship.
Gentle Guide welcomes your questions or comments regarding this Statement of Terms of Service. If you believe that Gentle Guide has not adhered to this Statement, please contact Gentle Guide at:
GENTLE GUIDE, LLC
Effective as of March 5, 2021