EARTHBAR

TELEWELLNESS CONSENT AND TERMS OF USE

INFORMED CONSENT REGARDING YOUR USE OF EARTHBAR’S TELE-WELLNESS CONSULTATIVE SERVICE (THE “SITE”).

THE PURPOSE OF THIS CONSENT AND TERMS OF USE FORM IS TO PROVIDE YOU WITH INFORMATION ABOUT THE SITE AND SERVICE; AND TO OBTAIN YOUR INFORMED CONSENT TO THE USE OF THE SITE AND SERVICE IN THE DELIVERY OF PRODUCT ADVICE AND RECOMMENDATIONS FROM AN EARTHBAR EMPLOYEE OR OTHER PERSONS DIRECTED TO YOU  (“PROVIDERS”) USING THE SITE OWNED AND OPERATED BY EARTHBAR LLC, A DELAWARE LIMITED LIABILITY COMPANY. (THE “SERVICE”). IN THIS CONSENT AND TERMS OF USE FORM, THE TERMS “YOU” AND “YOUR(S)” REFER TO THE PERSON USING THE SERVICE.

BY CLICKING “I AGREE,” OR OTHERWISE AFFIRMATIVELY ACCEPTING THIS CONSENT AND TERMS OF USE FORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS CONSENT AND TERMS OF USE FORM. IF YOU DO NOT AGREE TO THIS CONSENT, DO NOT SCHEDULE AN APPOINTMENT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THIS CONSENT ON YOUR BEHALF.  ANY CHANGES TO THESE TERMS OF USE ARE EFFECTIVE UPON POSTING TO THE SITE. UNLESS OTHERWISE INDICATED, ANY NEW CONTENT ADDED TO THE SERVICES IS ALSO SUBJECT TO THIS CONSENT AND TERMS OF USE UPON POSTING TO THE SITE. IF YOU DISAGREE WITH THE CONSENT ANDTERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE(S) AND/OR SERVICES. YOUR CONTINUED USE AFTER A CHANGE HAS BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.AMONG OTHER ACTIVITIES, 

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY SEEK IN-PERSON CARE OR DIAL 911.

PLEASE READ THIS CONSENT AND TERMS OF USE CAREFULLY BECAUSE IT SETS FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SITE AND SERVICES.

USE OF THE SERVICE.  By using the Site you confirm that you are eighteen (18) years of age or older. The Service involves product advice and recommendations related to nutraceutical through the use of use of electronic communications, information technology or other means between Providers and you who are not in the same physical location. The Service may be used for your evaluation, follow-up and/or education, and may include, but is not limited to, one or more of the following: electronic transmission of medical records, photo images, personal health information or other data between you and the Provider; interactions between you and the Provider via audio, video and/or data communications (such as secure messaging); use of output data from medical devices, sound and video files. Alternative methods of care may be available to you, such as in-person services, and you may choose an alternative at any time. Always discuss alternative options with your Provider.

THE SERVICE IS NOT INTENDED, NOR SHOULD BE CONSTRUED, TO OFFER OR PROVIDE MEDICAL ADVICE TO YOUThe site enables coordination and communication with an Earthbar employee or representative.  the Earthbar employee or representative is not a licensed medical care provider or pharmacist and the service does not replace your relationship with any physician.  these services might not be appropriate for all medical conditions or concerns and are not a substitute nor shall be construed as medical advice.  

ANTICIPATED BENEFITS. The use of the Service may have the following possible benefits: making it easier and more efficient for you to access products sold by Earthbar or its affiliates; and enabling you to interact with Provider(s) without the necessity of visiting a physical Earthbar location.

POTENTIAL RISKS. While the use of the Service in the delivery of product advice and product recommendations can provide potential benefits for you, there are also potential risks associated with the use of the Service and other technology. These risks include, but may not be limited to the following: the quality, accuracy or effectiveness of the services you receive from your Provider could be limited’ technology, including the Service, may contain bugs or other errors, including ones which may limit functionality, produce erroneous results, render part or all of such technology, including the Service, unavailable or inoperable, produce incorrect records, transmissions, data or content, or cause records, transmissions, data or content to be corrupted or lost; failures of technology may also impact your Provider(s) ability to correctly recommend products to you; the inability of your Provider(s) to conduct certain tests or assess vital signs in-person may in some cases prevent the Provider(s) from providing product suggestions or from identifying the need for emergency medical care or treatment for you; your Provider(s) may not able to provide the advice and product recommendations for your specific situation and you may be required to seek healthcare or emergency care services; delays in medical evaluation/treatment could occur due to unavailability of your Provider(s) or deficiencies or failures of the technology or electronic equipment used; the electronic systems or other security protocols or safeguards used could fail, causing a breach of privacy of your medical or other information; given regulatory requirements in certain jurisdictions, your Provider(s) advice and product recommendations and/or product options may be limited; a lack of access to all of your medical records, as well as you not being in the same physical location as your Provider(s) may result in adverse nutraceutical and / or drug interactions or allergic reactions or other judgment errors.

FOLLOW-UP CARE; EMERGENCY SITUATIONS. If the situation is an emergency, call 911.  The Service is not an appropriate method of care. If you require immediate or urgent care, you must seek care at an emergency room facility or other provider equipped to deliver urgent or emergency care. 

DATA PRIVACY AND PROTECTION. The electronic systems used in the Service will incorporate only basic network and software security protocols to protect the privacy and security of your information and will include measures to safeguard data against intentional or unintentional corruption. You are responsible for any and all risks associated with the disclosure of your personal information and should consider these risks before disclosing your personal information to the Provider(s).   

LABORATORY PRODUCTS AND SERVICES. Certain healthcare services provided to you by Providers via the Service may require that you complete an at-home diagnostic test. These diagnostic tests are provided by third-party laboratories, and neither Earthbar LLC nor your Provider(s) can guarantee the accuracy or reliability of these tests. These laboratory tests can provide false negative, false positive, or inconclusive results that could impact your Provider(s) ability to correctly recommend products to you.  

YOUR ACKNOWLEDGMENTS. By clicking “I Agree” or using any other acceptance protocol presented through the Service or this Consent and Terms of Use form, you are agreeing and providing your consent with respect to the following:  Certain technology, including the Service, may be used while still in a beta testing and development phase, and before such technology is a final and finished product. Technology used to deliver advice, including the Service, may contain bugs or other errors, including ones which may limit functionality, produce erroneous results, render part or all of such technology unavailable or inoperable, produce incorrect records, transmissions, data or content, or cause records, transmissions, data or content to be corrupted or lost, any or all of which could limit or otherwise impact the quality, accuracy and/or effectiveness of the Service. Certain diagnostic testing services, including laboratory products and services that may be offered through the Service, may contain defects, including ones which may limit functionality or produce erroneous results, any or all of which could limit or otherwise impact the quality, accuracy and/or effectiveness of the Service.  The delivery of nutraceutical advice and recommendations via the Service is an evolving field and the use of the Service or other technology in your care and consultations from Provider(s) may include uses of technology different from those described in this Consent and Terms of Use form or not specifically described in this Consent. No potential benefits from the use of the Service or other technology or specific results can be guaranteed, including any laboratory testing results or related advice or product recommendations by your Provider(s). Your condition may not be cured or improved, and in some cases, may get worse. There are limitations in the provision of advice and product recommendations via the Service and technology, including the Service, and you may not be able to receive advice or product recommendations through the Service for every condition for which you seek diagnosis and/or treatment. There are potential risks to the use of the Service and other technology, including but not limited to the risks described in this Consent and Terms of Use form. You have the opportunity to discuss the use of the Service, including the Service, with your Provider(s), including the benefits and risks of such use and the alternatives to the use of the Service. You have the right to withdraw your consent to the use of the Service at any time. Any withdrawal of your consent will be effective upon receipt of written notice to Earthbar LLC by you, except that such withdrawal will not have any effect on any action taken by Earthbar LLC or your Provider(s) in reliance on this Consent and Terms of Use form before it received your written notice of withdrawal. Any withdrawal of your consent will not affect any other provision of this Consent and Terms of Use form, and you will continue to be bound by this Consent and Terms of Use form. You understand that the use of the Service may involve the electronic communication of your personal medical information to Provider(s). You understand that it is your duty to provide Earthbar LLC and your Provider(s) truthful, accurate and complete information, including all relevant information regarding care that you may have received or may be receiving from healthcare providers or other wellness practitioners. You understand that each of your Provider(s) may determine in his or sole discretion that your condition is not suitable for consultation and/or product recommendations using the Service technology, including the Service, and that you may need to seek medical care and treatment, or a specialist or other healthcare provider, outside of the Service. Earthbar LLC. has a financial relationship with the entity that employs or contracts with your Provider. You are free to obtain your consultation from another provider that is not associated with Earthbar LLC.  Earthbar LLC will use its stores or warehouse or other contracted third parties to fulfill your order directly to your designated address. You are free to obtain your products from any retailer of your choice. You agree to pay the full amount of the costs associated with use of the Service, including any products you may receive in connection therewith.  

DISCLAIMER OF WARRANTIESYOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND ANY SERVICES ARE PROVIDED THROUGH THE SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS. EARTHBAR LLC AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PROFESSIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, PRODUCT OF SITE FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER EARTHBAR LLC NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SERVICE INCLUDING THE ADVICE AND PRODUCT RECCOMENDATIONS. FURTHERMORE, EARTHBAR LLC DOES NOT GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND EARTHBAR LLC DISCLAIMS ANY LIABILITY RELATING THERETO.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SITES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.

LIMITATION OF LIABILITY.  YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL EARTHBAR, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ADVICE, PRODUCTS, ACCESS, USE OF (OR INABILITY TO USE) THE SERVICE OR ANY SERVICES PROVIDED, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. THIS IS TRUE EVEN IF EARTHBAR LLC OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Earthbar, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of products, advice, materials or features available on the Site or the Service.

GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE; SEVERABILITY OF PROVISIONS.  PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND EARTHBAR LLC TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EARTHBAR LLC 

These Terms of Use and your use of the Site and the Service shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to this Consent and Terms of Use will be resolved exclusively by final and binding arbitration in Los Angeles, California under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. The parties agree that the courts located in Los Angeles, California shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.

All parts of this Consent and Terms of Use form apply to the maximum extent permitted by law. Earthbar LLC and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of any part of this Consent and Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

NO WAIVER. No waiver by Earthbar LLC of any term or condition set forth in this Consent and Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Earthbar LLC to assert a right or provision under this Consent and Terms of Use shall not constitute a waiver of such right or provision.

REMEDIES. You agree that any violation, or threatened violation, by you of this Consent and Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

ASSIGNMENT. You may not assign any of your rights under this Consent and Terms of Use, and any such attempt will be null and void. Earthbar LLC and their affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Consent and Terms of Use
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