Terms of Use
The Terms and Conditions
The following are the Terms and Conditions (the "Agreement") which govern your access and use of our online platform through which consultations may be provided (collectively the "Platform"). This website is owned and operated by Qi TCM Care Inc. (info@qitcmcare.com). The Platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website qitcmcare.com.
By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform.
When the terms "we", "us", "our" or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the "Company").
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER AS DETAILED IN SECTION 6.
EMERGENCIES
Our Site and Services are not for medical emergencies or urgent situations. Call 911 immediately if you believe you are experiencing an emergency.
YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
By using the Site and any Services, you acknowledge the potential risks that may be associated with telehealth, including without limitation: 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 health information, those protocols could fail causing a breach of privacy of your health information.
FEES
If you make any financial transaction through or with the Services, including, without limitation, the purchase of goods or services, whether provided by Qi TCM Care or any third party, you will pay to Qi TCM Care the amounts listed by Qi TCM Care in connection with such applicable transaction, including all fees, taxes and other charges in connection therewith. Qi TCM Care may provide additional provisions pertaining to such financial transactions, including pertaining to method and timing of payment (“Payment Terms”).
You agree to be bound by, and will comply with, all Payment Terms. In connections with payments made to, through or otherwise handled by Qi TCM Care, Qi TCM Care may utilize the services of a third party service (the “Payment Provider”). You may be required to enter into an agreement with the Payment Provider. Qi TCM Care is not responsible for the Payment Provider and, for the purposes of this Agreement, the Payment Provider is deemed a Third Party Site.
Qi TCM Care may charge you certain fees in connection with your creation, use or exploitation of your account, including any transactions made through your account. You agree to be bound by, and will comply with, all Payment Terms provided by Qi TCM Care in connection with your Account. You acknowledge and agree that failure to strictly comply with the Payment Terms provided by Qi TCM Care in connection with your Account may result in suspension or termination of your account or you being banned from access to or use of the Services.
Collection and Interest.
Qi TCM Care may charge you late fees for amounts not paid by their due date. Such late fees will be the lesser of one and a half percent per month (1.5%) and the highest interest rate allowable under applicable law. You agree to, and will, pay Qi TCM Care its reasonable costs of collection (and other related expenses) in connection with any amounts you owe to Qi TCM Care. Qi TCM Care may refer debts to collections agencies as determined within its sole discretion.
Card Authorization.
By making payments to Qi TCM Care or through the Services, you certify that you are the owner of the debit card, credit card (or other payment card), or bank account (each a “Card”) that you submit to Qi TCM Care for all such purchases. You are solely responsible for all activity and purchases on your account relating to the Services. You hereby authorize Qi TCM Care to initiate charges to your Card for all charges you place through the Services or your Account, including any auto-ship orders, and any applicable sales tax, shipping and handling charges. This authorization will remain in effect, unless Qi TCM Care receives a written notice from you stating that such authorization is terminated. Such termination will be effectuated within reasonable time thereafter (as judged within the reasonable discretion of Qi TCM Care) as would allow your financial institution and Qi TCM Care a reasonable opportunity to terminate such authorization.
You expressly agree that Qi TCM Care shall not be liable for any overdraft or insufficient funds charges, such as finance charges and late fees, that are caused by your failure to maintain sufficient funds to pay Qi TCM Care (or any third party) for your purchases and charges hereunder or otherwise through the Services. If there are insufficient funds associated with your card, or if any transaction is rejected, it may result in Qi TCM Care charging you service fees and/or interest in connection therewith.
The Services are not intended to be used by persons under Qi TCM Care years of Age. You represent and warrant that you are at least 13 years of age. If you are under age Qi TCM Care, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria of the Services at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you. You may not access the Services where these Terms of Service or use of the Services is prohibited, or to the extent the offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
HEALTHCARE PROVIDERS
Qi TCM Care does not itself provide TCM practitioners, Acupuncturists, Herbalist, Oriental Doctors or other healthcare providers’ (collectively, “Providers”). The Providers are independent of Qi TCM Care and simply using the Services to communicate with you. Any information or advice you may receive from a Provider comes from the Provider, not from Qi TCM Care. Your interactions with the Providers via the Services are not intended to replace your relationships with any of your regular health care practitioners.
Neither Qi TCM Care nor any of its suppliers or licensors or third parties who promote the Services or provide links to the Services will be liable for any professional advice or information obtained by you from a Provider through the Service. You acknowledge that your reliance on any information provided by the Providers or on the Services is at your own risk and you assume full responsibility for all associated risk.
Qi TCM Care does not make any representations or warranties about the training or skill of any Providers using the Services. You are ultimately responsible for choosing your particular Provider on the Services.
By using the Site, you certify that you are physically located in the State you entered as your present location on the Services. Your ability to access and use the Services is conditioned upon the veracity of your certification, and the Providers are relying upon this certification in order to interact with you on the Services. You agree to indemnify Qi TCM Care and the Providers you chose to interact with from any resulting, claims, damages, or costs, in the event your certification is inaccurate.
You further certify that you are not a Medicare or Medicaid beneficiary. Qi TCM Care reserves the right to terminate all Services if you provide false or deceptive information regarding your Medicare or Medicaid enrollment status.
Qi TCM Care is not an insurer and does not offer insurance products.
The TCM Practitioners and Services
The Platform may be used to connect you with a TCM practitioner who will provide services to you through the Platform ("Service").
For U.S. based TCM Practitioners
We require every TCM practitioners providing Services on the Platform to be an accredited, trained, and experienced licensed U.S. Acupuncturist (L.Ac), certificaed in NCCAOM Oriental Medicine (Dipl. O.M), NCCAOM Chinese Herbology (dopl. C. H), NCCAOM Body Work Therapy (Dipl. ABT) licensed clinical social worker (LCSW), licensed professional counselor (LPC), or similar applicable recognized professional certification based on their state and/or jurisdiction. TCM practitioners must have a relevant academic degree in their field, at least 3 years of experience, at least 1,000 hours of hands-on experience, and have to be qualified and certified by their respective professional board after successfully completing the necessary education, exams, training and practice requirements as applicable.
For China based TCM Practitioners
We require every Practitioners providing Services on the Platform to be a registered, trained, and experienced China TCM Practitioner, Accredited Therapist, Licensed Acupuncturistor similar applicable recognized professional certification. Practitioners must have a relevant academic degree in their field, at least 3 years of experience, and have to be qualified and accredited by their respective professional organization after successfully completing the necessary education, exams, training, and practice requirements as applicable.
For the avoidance of doubt, Practitioners are referred to on this site and related apps/sites by their title and U.S. or China credentials, whichever is applicable.
For all TCM Practitioners
The Practitioners are independent providers who are neither our employees nor agents nor representatives. The Platform's role is limited to enabling the Virtual Consultation Services. The Practitioners themselves are responsible for the performance of the Services. If you feel the Services provided by the Practitioner do not fit your needs or expectations, you may change to a different Practitioner who provides services through the Platform. While we have a large database of Practitioners, you should note that because of licensure requirements that differ from jurisdiction to jurisdiction, not all Practitioners available on our database will be available for you to match with, or at any particular time, or for any set period of time. If a Practitioner you have been connected with stops using the Platform at any time after you have been connected, we will send an email to notify you that your Practitioneris no longer on the Platform and that you have the opportunity to match with a new Practitioner.
While we hope the Consultation Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone's needs and that they may not be appropriate for every particular situation and/or a substitute for certain mental health needs that might require in-person therapy services, such as active withdrawal from certain substances or anorexia nervosa.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE PRACTITIONERS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED THERAPY OR EMOTIONAL SERVICE DOG CERTIFICATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
PRESCRIPTIONS
Qi TCM Care provides service with filling prescriptions. If a TCM Practitioner writes a prescription for you, you may fill the prescription at a pharmacy of your choice. You agree that any prescriptions you receive from a Provider will be solely for your personal use. You agree to fully read all relevant prescription product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
PRIVACY AND SECURITY
Please review our Privacy Policy, which also applies to and governs your use of this Site. Our Privacy Policy also explains how we collect, use and protect your information.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOU UNDERSTAND THAT NEITHER QI TCM CARE NOR ITS VENDORS CAN AND DO NOT PROMISE, GUARANTEE OR WARRANT THAT FILES YOU DOWNLOAD THROUGH THE INTERNET, INCLUDING FROM THIS SITE, WILL BE FREE FROM VIRUSES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARDS FOR YOURSELF. NEITHER QI TCM CARE NOR ITS VENDORS ASSUMES ANY RESPONSIBILITY FOR YOUR USE OF THE INTERNET OR THIS SITE. YOU ASSUME THE ENTIRE RISK AND COST OF ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THIS SITE OR ITS CONTENT.
NEITHER QI TCM CARE NOR ANY OF ITS VENDORS MAKES ANY, AND EACH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NEITHER QI TCM CARE NOR ANY OF ITS VENDORS REPRESENTS OR WARRANTS: THAT THIS SITE, NOR YOUR USE OF THIS SITE, WILL BE SECURE, TIMELY UNINTERRUPTED OR ERROR-FREE; THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT DEFECTS WILL BE CORRECTED; NOR THAT THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES. NEITHER QI TCM CARE NOR ANY OF ITS VENDORS MAKES ANY REPRESENTATION OR WARRANTY REGARDING ANY USE OF THIS SITE OR ITS CONTENT, NOR ITS ACCURACY, RELIABILITY OR COMPLETENESS, INCLUDING ANY INACCURACIES DUE TO TYPOGRAPHICAL OR TECHNICAL ERRORS OR INACCURACIES.
QI TCM CARE PROVIDES THE SITES AND THE SERVICES AND ALL OTHER APPLICATIONS ON THE SITE AS A FORUM ONLY. QI TCM CARE IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS, OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM ON THE SITES OR ANY THIRD-PARTY SITE, INCLUDING WITHOUT LIMITATION THROUGH THE SERVICES. ANY CONTENT, IF DISPLAYED, IS DISPLAYED FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY. MORE GENERALLY, CONTENT POSTED VIA OR ON THE SITES BY ANY THIRD-PARTY OR PROVIDER, INCLUDING THROUGH THE SERVICES, IS NOT CONTROLLED BY QI TCM CARE. QI TCM CARE DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT. YOU UNDERSTAND THAT BY USING THE SERVICES, YOU MAY BE EXPOSED TO CONTENT THAT MAY BE OFFENSIVE, INDECENT OR OBJECTIONABLE AND QI TCM CARE SHALL NOT BE LIABLE FOR ANY SUCH CONTENT AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. UNDER NO CIRCUMSTANCES WILL QI TCM CARE BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR (I) ANY ERRORS OR OMISSIONS IN ANY CONTENT; OR (II) ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE) OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA OR TO THE SITES OR THROUGH THE SERVICES.
QI TCM CARE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON SOME OR ALL IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR MAY LIMIT SUCH LIMITATIONS OR EXCLUSIONS. SOLELY TO THE EXTENT OF THE MINIMUM APPLICABILITY OF SUCH LAWS TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT QI TCM CARE IS NOT ENGAGED IN THE PRACTICE OF MEDICINE. QI TCM CARE ITS LICENSORS, SUPPLIERS, AND ALL THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF HEALTHCARE VIA THE SERVICE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR MEDICAL MALPRACTICE.
Arbitration
A. By accepting the terms of this Arbitration Agreement, you and the Company (collectively, "Parties") agree that any dispute, claim, or controversy (except those specifically exempted below) arising out of or relating to (i) this Agreement and prior versions of this Agreement, or concerning the existence, applicability, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; and (ii) the use of the Platform or PractitionerServices (collectively, "Disputes") will be resolved on an individual basis by final and binding arbitration, regardless of its date of accrual. Except as it otherwise provides, this Arbitration Agreement is intended to apply to the resolution of Disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. All claims in arbitration are subject to the same statutes of limitation that would apply in court. By accepting the terms of this Arbitration
Agreement, you and the Company mutually agree to waive their respective rights to trial by jury.
The Parties acknowledge that the Agreement involves interstate commerce and agree that all issues relating to arbitration or enforceability of this Arbitration Agreement will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Consumer Rules"), which are available via the internet at www.adr.org or by using a service such as Google to search for "AAA Consumer Arbitration Rules"; provided however, that if there is a conflict between the AAA Consumer Rules and this Arbitration Agreement, this Arbitration Agreement shall govern. The following terms and procedures shall apply:
1. The arbitration shall be heard by one arbitrator selected in accordance with the AAA Consumer Rules. The arbitrator shall be a member of the bar of the state in which the arbitration will be conducted or a retired judge from any jurisdiction and, in either case, shall have experience in the law underlying the dispute.
2. Other than issues related to the Class Action Waiver (as defined below), the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, any part of it, or of the Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement or Agreement is void or voidable.
3. If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place in Virginia.
4. Each party will pay the fees for its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. In all cases where required by law, the Company will pay the arbitrator's and arbitration fees. If under applicable law the Company is not required to pay all of the arbitrator's and/or arbitration fees, such fee(s) will be apportioned between the Parties in accordance with said applicable law. Any disputes regarding whether the Company is required to pay the arbitrator’s and arbitration fees and/or how those fees are to be apportioned between the Parties will be resolved by the arbitrator.
5. The arbitrator shall issue orders (including subpoenas to third parties for pre-hearing discovery) allowing the parties to conduct discovery sufficient to allow each party to prepare its claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
6. Except as provided in the Class Action Waiver (as defined below), the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable.
7. Either party shall be permitted to file a motion to dismiss and/or motion for summary judgment and the arbitrator will apply the standards of the Federal Rules of Civil Procedure governing such motions.
8. The arbitrator's decision or award shall be in writing with findings of fact and conclusions of law. Judgment may be entered on the arbitrator's decision or award in any court of competent jurisdiction.
9. A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this Arbitration Agreement. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of final relief, however, will be decided in arbitration.
If for any reason the AAA will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator.
Nothing in this Arbitration Agreement prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement. This Arbitration Agreement also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Agreement. Nothing in this Arbitration Agreement prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration.
B. Class, Collective, and Other Representative Action Waivers ("Class Action Waiver"). You and the Company mutually agree that by entering into this Arbitration Agreement, both waive their right to have any dispute, claim, or controversy brought, heard or arbitrated as a class, collective, and/or other representative action to the maximum extent permitted by law, and an arbitrator will not have any authority to hear or arbitrate any such class, collective, or other representative action. You also waive your right to receive notice of any class, collective, or other representative action that may be filed. Notwithstanding any other clause contained in this Arbitration Agreement or the AAA Consumer Rules, as defined above and incorporated herein by reference, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (i) the dispute is filed as a class, collective, or other representative action; and (ii) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, or other representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
C. Mass Arbitration. To the extent permitted by applicable law, to increase efficiency of resolution, in the event 25 or more arbitration demands of a similar nature are filed against the Company, presented by or with the assistance or involvement of the same law firm or organization, the Parties agree that this will constitute a "Mass Arbitration" and the following terms and procedures shall apply:
1. The Parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch. To the extent there are fewer than 100 arbitration demands left over after the batching previously described, a final batch shall consist of the remaining demands.
2. Claimants’ counsel shall organize and present the batched demands to the arbitration provider in a format as directed by the arbitration provider.
3. The arbitration provider shall treat each batch of demands as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents, and administrative and filing fees per batch.
4. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch of demands.
The Parties agree that arbitration demands are of a "similar nature" if they arise out of or relate to a similar factual scenario and raise the same or similar legal issues and seek the same or similar relief. You agree to cooperate in good faith with the Company and the arbitration provider to implement such a batch approach to resolution and fees. Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. Notwithstanding any provision in the Agreement to the contrary, batch arbitrations shall take place in Wilmington, Delaware.
D. Exceptions to Arbitration. Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Platform; and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Also, this Arbitration Agreement does not apply to disputes that may not be subject to arbitration as expressly provided by a controlling federal or state statute. Disputes between the parties that may not be subject to a pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203), Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (H.R. 4445), or as provided by an Act of Congress are excluded from the coverage of this Arbitration Agreement.
E. Optional Pre-Arbitration Dispute Resolution and Notification. Before initiating arbitration, you and the Company may first attempt to resolve any Disputes informally for 30 days, unless this time period is mutually extended by the Parties. The informal negotiations begin upon receipt of written notice from one party to the other ("Notice of Dispute"). The Notice of Dispute must: (i) include the full name and contact information of the complaining party; (ii) describe the nature and basis of the dispute, claim, or controversy; and (iii) set forth the specific relief sought. The Company will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: Qi TCM Care, 990 Villa Street, Mountain View, CA 94041. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the Parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible as a result of its use in the negotiation.
F. Application to Third Parties. This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claim(s) arise out of or relate to your use of the Platform or PractitionerServices. To the extent that any third-party beneficiary to this Agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.
G. Right to Opt Out of Arbitration. You may opt out from this Arbitration Agreement within 30 days after you first access or use the Platform by sending written notice of your decision to opt-out to info@Qi TCM Care.com, using the subject line "Arbitration Opt-Out." Please state that you are opting out of this Arbitration Agreement and Class Action Waiver and provide your name and address. If you opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, neither you nor Qi TCM Care will be required to arbitrate disputes and may instead litigate those disputes without regard to this Arbitration Agreement and Class Action Waiver. Qi TCM Care members who accessed the Platform before April 6, 2023 will have the option to opt out of the Arbitration Agreement and Class Action Waiver within 30 days of April 6, 2023. Should you not opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, you and Qi TCM Care shall be bound by the terms of this Arbitration Agreement and Class Action Waiver. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and Class Action Waiver.
H. Survival. This Arbitration Agreement survives after the termination or expiration of the Parties' relationship.
Your Subscription
Your Account, Representations, Conduct and Commitments
You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and are legally able to enter into a contract.
Minor Consent: Where consent from a parent or guardian is required to receive Services, you hereby confirm that as the consenting parent or guardian, you have the sole right to consent to Services for the minor seeking therapy and are not legally mandated to confer with or get consent from any other legal guardian before consenting. You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, process, and use of personal information on behalf of the minor. You also agree that consent to Services remains valid until membership is canceled.
You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We advise you to change your password frequently and to take extra care in safeguarding your password.
You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You agree and commit not to use the account or Account Access of any other person for any reason.
You agree and confirm that your use of the Platform, including the Consultation Services, are for your own personal use only and that you are not using the Platform or the Services for or behalf of any other person or organization.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Practitioners and us.
If you receive any file from us or from a Practitioner, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Consultation Services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.
You agree to pay all fees and charges associated with your account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your account information.
Modifications, Termination, Interruption and Disruptions to the Platform
You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform's reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.
Notices
We may provide notices or other communications to you regarding this Agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to info@qitcmcare.com.
Last Updated: Feburary 02, 2024