PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
By using this website (https://kcs4you.com)
you affirmatively accept these terms of service. By accepting, you acknowledge
that you have read, accepted, and agreed to be legally bound by these terms of
service. If you do not agree to these terms of service, do not use this website,
create an account, or use this service. You hereby grant agency authority to
any party who uses this website or otherwise indicates acceptance to these
terms of service, on your behalf. These terms of service are subject to change
as provided herein.
If you have a medical emergency,
seek in-person emergency care immediately or dial 911. The service is not
appropriate for treatment of medical conditions or concerns.
Arbitration notice: By agreeing to these terms of service, you agree
that disputes between you and us or you and the medical groups or providers
arising out of or related to these terms of service, or the service, will be
resolved by binding, individual arbitration and you waive your rights to a jury
trial and to participate in a class action lawsuit or class- wide arbitration,
as further set forth herein.
Introduction. KCS1, LLC dba KCS eWellness (“KCS,” “we,” or “us”) owns
and operates this website located at https://kcs4you.com/ (“Website”). KCS
provides services (the “Service”) to residents of United States of America (see
website’s Help & FAQs webpage for specific states KCS is licensed to
practice within). Your access and use of the Website and the Service are
governed by these Terms of Service (“Terms of Service” or “Agreement”). Please
read this Agreement carefully because it sets forth the important terms you
will need to know about the Service. In this Agreement, the terms “you” and
“yours” refer to the person using the Service. Notwithstanding the foregoing,
the Service is not intended for individuals under the age of eighteen (18).
Please contact us at info@kcs4you.com if you are a parent or legal guardian of
an individual under the age of eighteen (18) who you believe has used the
Service without your consent.
Acceptance of Terms of Service. Your access to and use of the Service is
subject to this Agreement, as well as all applicable laws and regulations. If
you do not accept and agree to be bound by this Agreement in its entirety, you
are strictly prohibited from visiting, accessing, registering with and/or using
the Service, except as necessary to review this Agreement. The Service is
continually under development, and we reserve the right to revise or remove any
part of this Agreement or the Service in our sole discretion at any time and without
prior notice to you. Any changes to this Agreement are effective upon posting
to this page. If you disagree with this Agreement or any terms or conditions
herein, your sole remedy is to discontinue your use of the Service. Your
continued use after a change to this Agreement has been posted constitutes your
acceptance of this Agreement as modified by such changes.
Your Relationship with Us: Medical Disclaimer regarding KCS eWellness
Services. We make available to individuals who register as users of the
Service (“Users”) certain services of third-party medical providers or other
vendors via our Service. Our Service provides access to medical providers
throughout the United States and the world, who are appropriately licensed in
the applicable state or jurisdiction and provide the healthcare services (the
“Medical Groups”). The Medical Groups employ or contract with physicians, and
allied health professionals, including nurse practitioners, nurses, physician
assistants and others who offer certain healthcare services permitted in their
local state or jurisdiction (“Providers”). We may provide access to supplement
fulfillment services offered by a dispensary (the “Dispensaries”) and laboratory services
from laboratories (the “Labs”). By accepting this Agreement, you acknowledge
and agree that any services you receive from the Medical Groups, Providers,
Labs, and Dispensaries that were booked through the Website are also subject to
this Agreement, and that the Medical Groups, Providers, Labs, and Dispensaries
are third-party beneficiaries of this Agreement. You further agree that KCS1,
LLC dba KCS eWellness is not responsible or liable for the provision of any
medical services and you release KCS1, LLC dba KCS eWellness and its owners,
officers, members, managers, employees, and agents from all liability relating
to the provision of any medical services.
By accepting this Agreement, you acknowledge and agree that KCS1, LLC dba KCS
eWellness is a medical/ healthcare provider and that by using the Service, you
are entering into a nurse practitioner – patient or other health care
provider-patient relationship with KCS1, LLC dba KCS eWellness. Additionally,
by using the Service, you may be entering into a nurse practitioner-patient or
other health care provider-patient relationship with a KCS1, LLC dba KCS
eWellness and/or one or more Providers. Further, we do not control or interfere
with any professional service provided by the Medical Groups, Labs, and Dispensaries,
each of which is solely responsible for their provision of professional
services.
Your interactions with Medical Groups and Providers are NOT intended to take
the place of your relationship(s) with your regular, in-person, health-care
practitioner(s) and primary care providers.
By accepting this Agreement, you acknowledge and agree that the Medical Group
and/or Providers may send you messages, reports, and emails via the Service
regarding your expressed medical history and concerns. You understand and agree
that KCS1, LLC dba KCS eWellness is not responsible for the security or privacy
of communications services you use to receive the messages, reports, and emails
sent via the Service. You further understand and agree that it is your sole
responsibility to monitor and respond to these messages, reports, and emails
and that neither the Medical Group nor any Provider will be responsible in any way
and you will not hold the Medical Group or any Provider liable for any loss,
injury, or claims of any kind resulting from your failure to read or respond to
these messages or for your failure to comply with any treatment recommendations
or instructions from the Medical Group or your Provider(s). In connection with
such relationships, you may provide to us or cause to be provided to us on your
behalf, personal information, including health information, that is subject to
use by us in accordance with our Privacy Policy. Please refer to the “Privacy
Policy” section and the “Protected Information” section below for additional
information.
Notice Regarding Your Financial Responsibility for Services. No
Insurance Accepted. The Medical Groups do not accept commercial health
insurance plans, are not in-network with any commercial health insurance plans,
and are not enrolled with, and are not participating providers with, any
federal or state healthcare programs (i.e., Medicare, Medicaid) for the
provision of any health care services or supplies and, as such, neither you nor
the Medical Groups may receive payment from insurance or such programs for the
services or products provided to you or the Medical Groups. Further, to the
extent that any of the Labs, Dispensaries, or Providers may be enrolled in
federal or state healthcare programs, the means through which the services and
products are provided or made accessible through the Service typically
precludes such services and products from being covered benefits under these
programs. By choosing to use the Service, you are specifically choosing to
obtain products and services on a cash basis outside of any commercial health
insurance plan or federal or state healthcare program. Thus, you are
solely responsible for the costs of any service or product provided to you.
By agreeing to use the Service, you acknowledge and agree that (1) you are
explicitly choosing to obtain products and services on a cash basis outside of
any commercial health insurance plan or federal or state healthcare program and
you have sole financial responsibility for all services or products provided to
you by or through the Service, and (2) neither you nor the Labs, the Dispensaries,
the Medical Groups or the Providers will submit a claim for reimbursement to
any federal or state healthcare program for the costs of the services and
products provided to you through the Service.
Supplements. Certain supplements and wellness products available through
the Service require a valid referral, requisition, or prescription
by a licensed healthcare Provider. You will not be able to obtain these
items unless you have completed a consultation with one of the Providers, the
Provider has determined whether the product or supplement is appropriate for
you, and the Provider has written a valid referral, requisition, or prescription.
If a Provider determines a supplement or product is appropriate for you and
writes a referral, requisition, or prescription, that supplement or product
will be filled through Fullscript, a US-based dispensary (“Dispensaries”) by
using the Service. You will not be able to fill the referral, requisition, or prescription
on your own elsewhere. Referrals, requisitions, or prescriptions fulfilled by
the Dispensaries will be shipped to your house. You must keep it out of the
reach of children. If you complete a consultation with a Provider and a referral,
requisition, or prescription is filled through one of the Dispensaries, the purchase
is shipped to you by the applicable dispensary and the costs associated with
the referral, requisition, or prescription are yours only to satisfy. You give
us consent to send and disclose to the Dispensaries all information provided by
you, health care records, and other applicable health care information and
personal information (such as your name, location, and demographic information)
so that you may receive services. Recommeded products available through the
Service are “Third- Party Goods and Services” as described in the Third-Party
Goods and Services section of this Agreement.
Laboratory Products and Services. All laboratory products and services
requested by the Service are fulfilled by laboratory partners (“the Labs”). The
Service providers will generate a purchase order and lab requisition through
lab partner “Rupa Health”. If you receive any laboratory products and/or
services from the Labs through use of the lab requisition generated and
purchasing order created through Rupa Health from the Service, the applicable
testing materials are provided to you exclusively by the Labs, and the costs
associated with the laboratory products and services are User responsibility. Laboratory
products and services available through the Service are “Third-Party Goods and
Services” as described in the Third-Party Goods and Services section of this
Agreement.
Terms of Sale and Payments.
You agree to pay all fees due for services selected; and all fees are pursuant
to all payment terms presented to you when engaging in transactions. Prices are
subject to change at any point in our sole discretion. You will see a prompt
for your payment details, such as your credit card information and any
promotional codes you may have. By entering your payment information and
submitting your request, you authorize us, our affiliates, or our third-party
payment processors to charge the amount due. All credit cards, debit cards and
other monetary transactions on or through the Service occur through an online
payment processing application(s) accessible through the Service. This online
payment processing application(s) is provided by KCS1, LLC dba KCS eWellness’
third-party online payment processing vendor, (“Chase”). Additional information
about the vendor, its privacy policy, and its information security measure (collectively, the “Chase Policies”) should be
available on the Authorize website located at https://www.chase.com/business/payments?jp_cdf=chase.com-tnt-9016a
or by contacting Chase directly. Reference is made to the Chase Policies for
informational purposes only and are in no way incorporated into or made a part
of this Agreement. KCS1, LLC dba KCS eWellness’ relationship with Authorize, if
any, is merely contractual in nature, as Chase is nothing more than a third-
party vendor to KCS1, LLC dba KCS eWellness and is in no way subject to KCS1,
LLC dba KCS eWellness’ direction or control; thus, their relationship is not,
and should not be construed as, one of fiduciaries, franchisors, franchisees,
agents-principals, employers-employees, partners, joint venturers or the like.
You understand and agree that you are responsible for all fees due to receiving
services, including any fees charged by the Medical Groups, Providers, Dispensaries,
and Labs that provide services to you in connection with the Services. Your
payments to KCS1, LLC dba KCS eWellness may include fees charged by the Medical
Groups, Providers, Dispensaries, and Labs, which KCS1, LLC dba KCS eWellness
collects on their behalf. In the event that our third-party payment processors
are unable to process your payment, you may receive notice for you to provide
an alternative payment method. Neither we nor the Medical Groups, Providers, Dispensaries
or Labs have any obligation to provide any services to you unless and until
full payment has been received and/or verified. You are responsible for keeping
your payment information (such as credit card number and billing address)
accurate and up to date at all times. Only valid payment methods acceptable to
us may be used to complete a purchase via the Service. We are not responsible
for any fees or charges that your bank or payment card issuer may apply. If
your bank or card issuer reverses a charge to your payment card, we may bill
your account directly and seek payment by another method including a mailed statement.
All treatment program products offered by KCS1, LLC dba KCS eWellness are
subject to the availability of the Labs. In the event of an error, we reserve
the right to correct the error and revise your referral, requisition, prescription,
or purchasing order accordingly or to cancel the order. You are responsible for
any applicable sales, use, duty, customs or other credit card levies, or fees
(“Fees”) due with respect to your purchase of products or services through our
Service. We will present an estimate of Fees at the checkout, except where we
have clearly stated in writing that the price includes Fees. The actual Fee
charged may be adjusted from the amount shown at checkout. Several factors may
cause this, such as variances between processor programs and changes in tax or
interest rates. Any delivery dates or times provided by the Service, the Lab, or the Dispensaries are estimates only and are
not guaranteed. Unless we state otherwise in writing via the Service, the risk
of loss or damage to a product will pass to you from the Labs or Dispensaries
upon dispensing of purchased products or supplements. We reserve the right to
remedy User issues and concerns on a case-by-case basis. We reserve the right,
in our sole discretion, to resolve customer issues and concerns based on the
facts and circumstances of each User. EXCEPT AS OTHERWISE SET FORTH IN ANY
RETURN OR REFUND POLICY PROVIDED TO YOU ON THE SERVICES, YOU ACKNOWLEDGE AND
AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH
THE SERVICE, ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE
OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY
UNAUTHORIZED CHARGES.
Limited Use and Availability.
Our Service is currently only available to individuals who are in states and
countries in which we offer the Service, are at least eighteen (18) years of
age or older, or at least the age of majority in their jurisdiction of
residence, if higher than eighteen (18), and who have accepted this Agreement.
By visiting, accessing, registering with or using the Service, you are (a)
representing and warranting to us that you are either (1) at least eighteen
(18) years of age or older or at least the age of majority in your jurisdiction
of residence, if higher than eighteen, (b) representing and warranting to us
that when you use the Service to consult with a Provider, you are located in
the same state as the shipping address you provide in your account at the time
that you conduct such consultation, (c) agreeing to comply with all applicable
laws in visiting, accessing, registering with our using the Service, and (d)
agreeing that you will only use the Service for lawful purposes. Our Service is
subject to state and local regulations and may change from time to time due to
changes in applicable regulatory requirements. Certain products available
through the Service are subject to additional age restrictions, and not all
products or services are available to all ages. In some cases, the Service may
not be the most appropriate way for you to provide information to communicate
with or seek medical care and treatment from a healthcare provider. For
example, certain medical conditions may require an in-person procedure or a
healthcare provider other than your Provider, or your Provider may determine
that your diagnosis and/or treatment requires an in- person office visit or are
otherwise not appropriately addressed through use of the Service. In such a
case, you may receive notification that you will be unable to use the Service
for the issue identified, with additional information regarding next steps.
Consent to Use of Telehealth
Services. Telehealth involves the delivery of healthcare services using
electronic communications, information technology or other means between a
healthcare provider and a patient who are not in the same physical location.
While the provision of healthcare services using telehealth may offer certain
potential benefits, there are also potential risks associated with the use of
telehealth. Telehealth services are not a substitute for in-person care in all
cases. To use the Service, you will be required to review and agree to an
informed consent regarding medical treatment and the use of telehealth (the
“CONSENT FOR TELEHEALTH CONSULTATION”) that will be provided to you via the
Service.
Duty to Provide Information,
Access, and Connectivity. You are responsible for providing and
maintaining, at your own risk, option and expense, appropriate software, and
hardware capabilities (consistent with any technical, quality or other
requirements described in the Service) to enable use of the Service, including
but not limited to, a computer or mobile device with a video camera and
Internet access. You are solely responsible for any fees, including Internet
connection or mobile fees, that you incur when accessing the Service. You also
have a duty to provide truthful, accurate and complete information in any forms
or other communications you submit to or through the Service. We reserve the
right to change the access configuration, including any software, hardware, or
other requirements of the Service at any time without prior notice.
Privacy Policy. KCS1, LLC
dba KCS eWellness understands the importance of confidentiality and privacy
regarding your personal information. Please see our “PRIVACY POLICY” for a
description of how we may collect, use and disclose your personal information.
Protected Health Information.
When you set up an account with KCS1, LLC dba KCS eWellness, you are creating a
direct customer relationship with KCS1, LLC dba KCS eWellness that enables you
to access and/or utilize the various functions of the Service as a User. As
part of that relationship, you provide information to KCS1, LLC dba KCS
eWellness, including but not limited to your name, email address, shipping
address and phone number, that we may collect, use, and disclose in accordance
with our Privacy Policy, and that we do not consider to be “health” or
“medical” information. However, in using certain components of the Service, you
may also provide certain medical information that may be protected under
applicable laws. KCS1, LLC dba KCS eWellness is a covered entity under the
Health Insurance Portability and Accountability Act of 1996, Public Law
104-191, and its related regulations and amendments from time to time
(collectively, “HIPAA”). One or more of the Labs, Dispensaries or Medical
Groups may or may not be a “covered entity” or “business associate” under
HIPAA, and KCS1, LLC dba KCS eWellness may in some cases be a “business
associate” of a Lab, Dispensary or Medical Group. It is important to remember
that while state-specific privacy laws may apply, HIPAA does not necessarily
apply to an entity or person simply because there is health information
involved, and HIPAA may not apply to your transactions or communications with
KCS1, LLC dba KCS eWellness, the Medical Groups, the Providers, the Labs, or
the Dispensaries. To the extent KCS1, LLC dba KCS eWellness is deemed a
“business associate” however, and solely in its role as a business associate,
KCS1, LLC dba KCS eWellness, may be subject to certain provisions of HIPAA with
respect to “protected health information,” as defined under HIPAA, that you
provide to the Labs, Dispensaries, or Medical Groups (“PHI”). In addition, any
medical or health information that you provide that is subject to specific
protections under applicable state laws (collectively, with PHI, “Protected
Information”), will be used and disclosed only in accordance with such
applicable laws. However, any information that does not constitute Protected
Information under applicable laws may be used or disclosed in any manner
permitted under our Privacy Policy. Protected Information does not include
information that has been identified in accordance with HIPAA. The Medical
Groups and Providers have adopted a Notice of Privacy Practices that describes
how they use and disclose Protected Information. By accessing or using any part
of the Service, you are acknowledging receipt of the Notice of Privacy
Practices from your Medical Group and Provider(s).
Registration: User Accounts, Passwords, and Security You are obligated
to register and set up a patient account in our Electronic Medical Record
(“EMR”) system OptiMantra, accessible via the Patient Portal, to access the
Service, and the Service is available only to Users who have registered and
have been granted accounts with usernames and passwords. For purposes of
clarity, information you provide to OptiMantra to register and set up a patient
account, including name, email address, shipping and/or residential address and
phone number, are not considered Protected Information for purposes of the
Protected Health Information section above. You agree to accurately maintain
and update any information about yourself that you have provided to the Medical
Group or its Providers, the Labs, or the Dispensaries. If you do not keep such
information current, or fail to submit truthful, accurate and complete
information, or we have reasonable grounds to suspect as much, we have the
right to suspend or terminate your account and your use of the Service. You
also agree to immediately notify KCS1, LLC dba KCS eWellness of any
unauthorized use of your username, password, or any other breach of security
that you become aware of involving or relating to the Service by emailing KCS1,
LLC dba KCS eWellness at info@kcs4you.com. In addition, you agree to keep
confidential your username and password and to exit from your user account at
the end of each session. KCS1, LLC dba KCS eWellness explicitly disclaims
liability for all losses and damages arising from your failure to comply with
this section. You may not use anyone else’s account at any time. When
establishing an account, you will be required to provide a username and
password that will be used as your login for your account. To help protect the
privacy of data you transmit through the Service, where personally identifiable
information is requested, OptiMantra uses technology designed to encrypt the
information that you input before it is sent to us using Secure Sockets Layer
(SSL) technology or similar encryption technology. In addition, we take steps
to protect the User data we collect against unauthorized access. However, you
should keep in mind that the Service and our services are run on software,
hardware, and networks, any component of which may, from time to time, require
maintenance or experience problems or breaches of security beyond our control.
In addition, people with access to your computer, phone, or other mobile or
other devices may be able to access the Service and information about you,
including medical information contained in the Service. It is your
responsibility to affirmatively log out from your account when you are not
actively using it. It is also your responsibility to secure and prevent
unauthorized physical access to your computer, phone, and other devices, and to
protect the confidentiality of your username and password. You must exercise
caution, good sense, and sound judgment in using the EMR. You are prohibited
from violating, or attempting to violate, the security of the EMR. Any such
violations may result in criminal and/or civil penalties against you. KCS1, LLC
dba KCS eWellness may investigate any alleged or suspected violations and if a
criminal violation is suspected, KCS1, LLC dba KCS eWellness may cooperate with
law enforcement agencies in their investigations.
Use and Ownership of the
Service. The Service and the information and content available through the
Service are protected by copyright laws throughout the world. Subject to this
Agreement, KCS1, LLC dba KCS eWellness grants you a limited, non-transferable,
revocable license to access and use the Website and the EMR (part of the
“Service”) for your personal use. Unless otherwise specified by KCS1, LLC dba
KCS eWellness in a separate license, your right to use any of the Service or
the content is subject to this Agreement and all rights in the Service and
content are reserved by KCS1, LLC dba KCS eWellness. You agree that KCS1, LLC
dba KCS eWellness and its suppliers own all rights, title, and interest in the
Service (including but not limited to, any computer code, themes, objects,
concepts, photographs, product descriptions, blog posts, artwork, animations,
sounds, musical compositions, audiovisual effects, methods of operation, moral
rights, and documentation). You will not remove, alter, or obscure any
copyright, trademark, service mark or other proprietary rights notices
incorporated in or accom panying the Service. The “KCS & KCS eWellness”
stylized name and other related graphics, logos, service marks and trade names
used on or in connection with the Service are the trademarks of KCS1, LLC dba
KCS eWellness and may not be used without permission, including in connection
with any third- party products or services. Other trademarks, service marks and
trade names that may appear on or in the Service are the property of their
respective owners.
License to Information
Submitted via the Service. Subject to any limitations on Protected
Information described below, any information you transmit to KCS1, LLC dba KCS
eWellness via the Service, whether by direct entry, submission, email or
otherwise, including data, questions, comments, forum communications, or
suggestions (collectively, “Submissions”), will, to the extent permitted under
applicable law, be treated as non-confidential and non-proprietary. Subject to
any applicable account settings that you select, you grant KCS1, LLC dba KCS
eWellness a fully paid, royalty-free, perpetual, irrevocable, worldwide,
royalty-free, non-exclusive and fully sublicensable right (including any moral
rights) and license to use, license, distribute, reproduce, modify, adapt,
publicly perform, and publicly display, Submissions (in whole or in part) for
the purposes of operating and providing the Service to you and to our other
users. You warrant that the holder of any worldwide intellectual property
right, including moral rights, in Submissions has completely and effectively
waived all such rights and validly and irrevocably granted to you the right to
grant the license stated above. You agree that you, not KCS1, LLC dba KCS
eWellness, are responsible for all of Submissions that you provide to the
Service. In addition to the foregoing, KCS1, LLC dba KCS eWellness shall have
the right, in its sole discretion, to edit, duplicate, or alter the Submission
in any manner for any purpose that KCS1, LLC dba KCS eWellness deems necessary
or desirable, and you irrevocably waive all so-called moral rights you may have
in the Submission. You further agree that you shall have no right of approval
and no claim to compensation in connection with the Submission. If a Submission
you make contains Protected Information, KCS1, LLC dba KCS eWellness’ rights
under this section with respect to the use or disclosure of such Protected
Information will be limited as and to the extent required under applicable law.
Prohibited Use. You are
prohibited from using or attempting to use the Service (i) for any unlawful,
unauthorized, fraudulent or malicious purpose, (ii) in any manner that could
damage, disable, overburden, or impair any server, or the network(s) connected
to any server, (iii) in any manner that could interfere with any other party’s
use and enjoyment of the Service, (iv) to gain unauthorized access to any other
accounts, computer systems, or networks connected to any server or systems
through hacking, password mining or any other means, (v) to access systems,
data, or information not intended by KCS1, LLC dba KCS eWellness to be made
accessible to a user, (vi) to obtain any materials, or information through any
means not intentionally made available by KCS1, LLC dba KCS eWellness, (vii) to
reverse engineer, disassemble or decompile any section or technology on the
Service, or (viii) for any use other than the business purpose for which it was
intended. In addition, in connection with your use of the Service, you agree you
will not: (a) upload or transmit any message, information, data, text, software
or images, or other content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate
with respect to race, gender, sexuality, ethnicity, or other intrinsic
characteristic, or that may invade another’s right of privacy or publicity; (b)
create a false identity or duplicative accounts for the purpose of misleading
others or impersonate any person or entity, including, without limitation, any
KCS1, LLC dba KCS eWellness representative, or falsely state or otherwise
misrepresent your affiliation with a person or entity; (c) upload or transmit
any material that you do not have a right to reproduce, display or transmit
under any law or under contractual or fiduciary relationships (such as
nondisclosure agreements); (d) upload files that contain viruses, trojan
horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other
similar software or programs that may damage the operation of another’s
computer or property of another; (e) delete any author attributions, legal
notices or proprietary designations or labels that you upload to any
communication feature; (f) use the Service’s communication features in a manner
that adversely affects the availability of its resources to other users (e.g.,
excessive shouting, use of all caps, or flooding continuous posting of
repetitive text); (g) upload or transmit any unsolicited advertising,
promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,”
“phishing” or any other form of solicitation, commercial or otherwise; (h)
violate any applicable local, state, national or international law; (i) upload
or transmit any material that infringes any patent, trademark, service mark,
trade secret, copyright or other proprietary rights of any party; (j) delete or
revise any material posted by any other person or entity; (k) manipulate or
otherwise display the Service by using framing, mirroring or similar navigational
technology; (l) probe, scan, test the vulnerability of or breach the
authentication measures of, the Service or any related networks or systems; (m)
register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or
attempt to unsubscribe, any party for any services or any contests, promotions
or sweepstakes if you are not expressly authorized by such party to do so; (n)
harvest or otherwise collect information about others, including email
addresses; (o) use any robot, spider, scraper, or other automated or manual
means to access the Service, or copy, download, distribute or reproduce any
content or information on the Service; or (p) assist or permit any person in
engaging in any of these activities. KCS1, LLC dba KCS eWellness reserves the
right to take whatever lawful actions it may deem appropriate in response to
actual or suspected violations of the foregoing, including, without limitation,
the suspension or termination of a User’s access and/or account. KCS1, LLC dba
KCS eWellness may cooperate with legal authorities and/or third parties in the
investigation of any suspected or alleged crime or civil wrong. Except as may
be provided in the Privacy Policy or prohibited by applicable law, KCS1, LLC
dba KCS eWellness reserves the right at all times to disclose any information
KCS1, LLC dba KCS eWellness deems necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in KCS1, LLC
dba KCS eWellness’ sole discretion.
Third-Party Goods and Services.
Parties other than KCS1, LLC dba KCS eWellness, including Labs, Dispensaries,
Medical Groups and Providers, provide services or sell products through the
Service (collectively, “Third Parties”), and KCS1, LLC dba KCS eWellness may
also make available to you for purchase certain services, devices, items, or
products manufactured, distributed, or sold by Third Parties (“Third-Party
Goods and Services”). Your use of any Third-Party Goods and any interactions
with Third Parties, including payment and delivery of goods or services, and
any other terms, conditions, warranties, or representations associated with
such use or interactions, are solely between you and such Third- Parties. You
should make whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction involving Third-Parties or
any Third-Party Goods and Services. You are solely responsible for, and shall
exercise caution, discretion, common sense, and judgment in, using the Service
and disclosing personal information. You agree that KCS1, LLC dba KCS eWellness
shall not be responsible or liable for any loss or damage of any sort incurred
as the result of your use of the Service, including any Third-Party Goods and
Services or your interactions with any Third Parties. In the event of any
dispute between you and any Third-Party, any other User or any other entity or
individual, you understand and agree that KCS1, LLC dba KCS eWellness is under
no obligation to become involved in such dispute, and you hereby release and
indemnify KCS1, LLC dba KCS eWellness and its directors, officers, members,
managers, employees, contractors, representatives, agents, predecessors,
successors, and assigns, (collectively, “KCS Parties”) from any and all claims,
demands and/or damages (actual or consequential) of every kind or nature, known
or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of
or in any way related to such disputes or the Service or the features and
services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL
CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR
HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.” Certain KCS1, LLC dba KCS eWellness’ owners, managers,
officers, employees, contractors or agents (collectively, “KCS Owners and
Personnel”) may have a financial interest in one or more Third Parties and may
profit from your use of the Third Parties and/or the sale of Third-Party Goods
and Services to you.
Termination. KCS1, LLC dba
KCS eWellness may terminate your use of the Service or any of our features or
services at any time and for any reason without notice, including, for example,
for conduct violating this Agreement, if our agreement with the Medical Groups,
Labs, or Dispensaries terminate or if we discontinue the Service. The
provisions of this Agreement concerning Service security, prohibited
activities, copyrights, trademarks, user submissions, disclaimers, limitation
of liability, arbitration and resolution of Disputes, indemnity and
jurisdictional issues shall survive any such termination or any other
termination of this Agreement or your relationship with KCS1, LLC dba KCS
eWellness. You agree that if your use of the Service is terminated pursuant to
this Agreement, you will not attempt to use the Service under any name, real or
assumed, and further agree that if you violate this restriction after being
terminated, you will indemnify and hold all KCS1, LLC dba KCS eWellness Parties
harmless from any and all liability that any such KCS1, LLC dba KCS eWellness
Parties may incur with respect thereto. Except as otherwise provided in the
Privacy Policy or as required by applicable law (including any obligation to
provide access to health records), we have no obligation, whether before or
after the termination of your use of the Service, to return or otherwise
provide to you or any third party on your behalf any content, any information
you provide to us, any information your Providers provided to us about or
relating to you, or any other information that we may have that relates to you.
Disclaimers. Content and
other information contained on the Website is provided by KCS1, LLC dba KCS
eWellness as a convenience. Users relying on content or other information from
the Website do so at their own risk. THE SERVICE IS PROVIDED ON AN “AS IS” OR
“AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT
THE SOLE RISK OF THE USER. KCS1, LLC dba KCS eWellness AND EACH THIRD-PARTY
OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL
GROUPS, THE PROVIDERS, THE LABS, AND THE DISPENSARIES, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’
RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO
THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE,
MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE
WEBSITE. KCS1, LLC dba KCS eWellness DOES NOT WARRANT OR GUARANTEE THE
ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE.
MOBILE MEDICAL DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS,
DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES,
MALWARE, OR ANY ADVERSE INCIDENT.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KCS1, LLC
dba KCS eWellness BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR
BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST
PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE
OR WEBSITE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE
SERVICE OR ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD-PARTIES, WHETHER
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT KCS1, LLC dba KCS eWellness HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. KCS1, LLC dba KCS eWellness SHALL BE LIABLE ONLY
TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.00.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT MUST
BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH
ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE OR
CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS
ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE,
SERVICE OR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED
WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND
THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
Indemnification. You agree
to indemnify, defend, protect, and hold harmless the medical providers employed
by KCS eWellness/ Dr. Sofia Thomas, DNP; and their respective officers,
directors, employees, stockholders, assigns, successors, and affiliates
(Indemnified Parties) from, against and in respect of all liabilities, losses,
claims, damages, judgements, settlement payments, deficiencies, penalties,
fines, interest and costs, expenses suffered, sustained, incurred or paid by
the indemnified parties, in connection with, results from or arising out of,
directly or indirectly, the medical providers employed by KCS eWellness/ Dr.
Sofia Thomas, DNP; rendering medical care, services, advice, and/or treatment,
my failure to disclose all relevant information regarding my medical and
physical condition, acts or omissions, the medical providers employed by KCS
eWellness/ Dr. Sofia Thomas, DNP; harm or injury resulting from medical care or
pharmaceuticals provided directly or indirectly by the medical providers
employed by KCS eWellness/ Dr. Sofia Thomas, DNP. You are aware of the
potential side effects associated with conventional and complementary
therapies, including but not limited to, hormone therapy, peptide therapy, and
sexual dysfunction therapy, and accept all the risks involved and will not seek
indemnification or damages from the indemnified parties.
Notices. Any notices to
you from KCS1, LLC dba KCS eWellness regarding the Service or this Agreement
may be made by email, a posted notice on the Website, Service, or regular mail,
in the sole discretion of KCS1, LLC dba KCS eWellness.
Changes to Terms of Service and Services. The Services are continually
under development, and KCS1, LLC dba KCS eWellness reserves the right to review
or remove any part of these Terms of Service in its sole discretion at any time
and without prior notice to you. You should check the Terms of Service from
time to time when you use the Services to determine if any changes have been
made. Any changes to these Terms of Service are effective upon posting to the
Services, unless applicable law requires us to provide additional notice or
take other actions before such changes can become effective. If you disagree
with these Terms of Service, your sole and exclusive remedy is to discontinue
your use of the Services. Your continued use after a change has been posted
constitutes your acceptance of the changes.
Electronic Communications.
When you access or use the Service or send emails or messages to us, any
Medical Group, or its Providers, you are communicating with us, the Medical
Group and its Providers electronically. You consent to receive communications
from us, the Medical Group, and its Providers electronically. We will
communicate with you via email, messaging, or through the Service. You agree
that all agreements, notices, disclosures, and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing. You further agree that any notices provided by us
electronically are deemed to be given and received on the date we transmit any
such electronic communication as described in this Agreement.
Entire Agreement. This Agreement and any other agreements KCS1, LLC dba
KCS eWellness may post on the Service or that you and KCS1, LLC dba KCS
eWellness may execute from to time constitute the entire agreement between
KCS1, LLC dba KCS eWellness and you in connection with your use of the Service
and supersede any prior agreements between KCS1, LLC dba KCS eWellness and you
regarding use of the Service, including prior versions of this Agreement.
Binding Arbitration / Class Waiver. You and we expressly agree that any
legal claim, dispute or other controversy between you and us or any of the
KCS1, LLC dba KCS eWellness parties, any medical groups, providers, labs, or dispensaries
arising out of or otherwise relating in any way to the KCS1, LLC dba KCS
eWellness parties, the website, the content or the service, or any other goods,
services or advertising by KCS1, LLC dba KCS eWellness or any of the KCS1, LLC
dba KCS eWellness parties, labs, dispensaries, medical groups, or providers,
including controversies relating to the applicability, enforceability or
validity of any provision of this agreement (collectively “disputes”), shall be
resolved in confidential binding arbitration conducted before one commercial
arbitrator from the American arbitration association (“AAA”), rather than in a
court, as described herein. The arbitration will be governed by the AAA’s
commercial arbitration rules and, if the arbitrator deems them applicable, the
supplementary procedures for consumer related disputes (collectively “rules and
procedures”). You acknowledge that you are voluntarily and knowingly forfeiting
your right to a trial by jury and to otherwise proceed in a lawsuit in state or
federal court, except as expressly provided herein. PLEASE REFERE TO THE FULL
ARBITRATION DECLARATION IN THE NEW PATIENT INTAKE PACKAGE FOR MORE INFORMATION.
Governing Law; Venue; Severability of Provisions. This Service is
controlled and operated by KCS1, LLC dba KCS eWellness from our offices within
Florida. Those who choose to access the Service from other locations do so on
their own initiative and are responsible for compliance with local laws, if and
to the extent applicable. Access to the Service from jurisdictions where the
contents of the Service are illegal or penalized is prohibited. The validity,
interpretation, construction, and performance of this Agreement will be
governed by the Federal Arbitration Act and the laws of the State of Florida,
without regard to any conflicts of law provisions. All parts of this Agreement
apply to the maximum extent permitted by law. Our failure to enforce any
provision of this Agreement will not constitute a waiver of such right. We both
agree that if we cannot enforce a part of this Agreement as written, then that
part will be replaced with terms that most closely match the intent of the
unenforceable part to the extent permitted by law. Except as otherwise provided
in this Agreement, the invalidity of part of this Agreement will not affect the
validity and enforceability of the remaining provisions. The section headings
are for convenience and do not have any force or effect.
Assignment. You may not
assign any of your rights under this Agreement, and any such attempt will be
null and void. KCS1, LLC dba KCS eWellness may, in its sole discretion, assign
or transfer, without further consent or notification, this Agreement or any or
all of the contractual rights and obligations pursuant to this Agreement, in
whole or in part, to any affiliate of KCS1, LLC dba KCS eWellness or to a third
party in the event that some or all of the business of KCS1, LLC dba KCS
eWellness is transferred to such other third party by way of merger, sale of
its assets or otherwise.
Third Party Beneficiaries.
Any use of third-party software provided in connection with the Service, or any
third-party Goods and Services accessed or used in connection with the Service,
will be governed by the applicable third-party’s license or terms of use, if
any, and if there is no such license or terms of use, by this Agreement. In
addition to this Agreement, your use of the Service must comply with all
applicable third-party terms of agreement, if any. Except for the foregoing or
as otherwise specifically set forth in this Agreement, including with respect
to the indemnification obligations contained herein in favor of KCS1, LLC dba
KCS eWellness, the Medical Groups, the Dispensaries, the Labs, and the
Providers and the agreement to arbitration, we hereby expressly agree that
there is no intent by either party to create or establish third-party
beneficiary status rights or their equivalent in any other referenced
individual, subcontractor or third party, and, except as specifically set forth
in this Agreement, that no third party shall have any right to enforce any
right or enjoy any benefit that is created or established under this Agreement.
Contacting Us. If you have
any questions or concerns about this Agreement, please contact us through info@kcs4you.com.
We will attempt to respond to your questions or concerns promptly after we
receive them.