Last Updated: April 26, 2022

Please read these Terms of Use (“Terms”), along with our Privacy Policy, fully and carefully before using the website https://wholehealthacu.com(the “Site”) owned and/or operated by Whole Health Integrative Care (“Company”), as it contains important information about your legal rights and obligations, including limitations of your rights and exclusions that may apply to you. These Terms set forth legally binding terms and conditions between you and Company for use of the Site.

SERVICE.
Company’s services currently include the Site, its Content (as defined below), together with all and any other websites, apps, digital properties, and platforms on which these Terms are referenced or made available; and consultations, treatments, and other related services offered by Company through the Site (the Site, Content, and the related services together referred to hereinafter as the “Service”).

ACCEPTANCE OF TERMS.
These Terms form a legally binding contract between you and Company related to the Service and any other interactions with us. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS.

BY ACCESSING AND USING THE SERVICE, WHETHER BY VISITING OUR SITE OR OTHERWISE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND ARE AGREEING THAT THEY FORM A BINDING CONTRACT BETWEEN YOU AND COMPANY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICE.

ACCESSING AND USING THE SERVICE.
ELIGIBILITY.
You may use the Site only if you are eighteen (18) years or older and capable of forming a binding contract with us and are not barred from using the Site under any applicable law. As long as you comply with these Terms, you may view and use our Site for your personal, non-commercial purposes. No other use of the Site is authorized.

The Service is operated by Company from its offices in the State of California, and we make no representations or warranties that the Service is appropriate, available or permitted outside the United States. If you choose to access and use the Service from outside the United States, you do so at your own risk and are responsible for ensuring your use is permitted by and in accordance with local laws. You are permitted to access and use the Service only in geographic locations where we expressly offer our Service. You are solely responsible for any charges incurred in obtaining access to the Service, including charges from your Internet service provider and/or wireless/telecommunication carrier.

ACCOUNT.
You may be required to register an account with Company (“Account”) in order to access certain services or areas of the Site. If you use the Site, you are responsible for maintaining the confidentiality of your Account credentials and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. In addition to all other rights available to Company, including those set forth in these Terms, we reserve the right, in our sole discretion to terminate your Account or your use of the Site, block or prevent future access to and use of the Site, or refuse service to you (i) if you violate any of these Terms; (ii) for any other reason; or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.

COMMUNICATIONS.
By registering for an Account or otherwise using the Service, you are expressly consenting to receive communications (including payment authorizations, changes in password or payment method, receipts, notices and other messages) from Company electronically, including by email. You agree that any notices, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Please review our Privacy Policy for more information about how we may communicate with you.

LIMITED RIGHT TO USE THE SERVICE.
The Service is licensed, not sold, to you. Subject to your compliance with these Terms and only for so long as you are permitted by us to access and use the Service, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service, but only for your personal and non-commercial use and only on personal devices, applications and equipment that you own or have a right to use and that we have made the Service available through. Except as otherwise expressly authorized in these Terms, you agree not to:

Use the Service for any commercial purpose or for the benefit of any other person or entity, including by offering public performances or screenings of Content or by selling, reselling, renting, leasing, hosting or otherwise commercially exploiting the Service or any Content or other portion therein.
Copy, reproduce, duplicate, archive, store (other than standard browser caching), download, publish, license, distribute, publicly perform, publicly display, frame, stream, modify, translate or make derivative works of the Service or any Content or portion thereof, by any means.
Reverse engineer, decompile, disassemble, or otherwise attempt to access the source code for the Service or any portion thereof, or access, use or exploit the Service or any portion thereof in order to build or develop a competitive or similar product or service.
Remove, alter, circumvent, deactivate, thwart or otherwise interfere with any content protection mechanisms or access control mechanisms (including territorial restrictions) in or otherwise used to protect the Service.
Attempt to gain unauthorized access to the Service or any Account or portion thereof or any related networks, systems, servers or equipment.
Use any name, trademark, logo or other materials, or any meta tags or metadata utilizing any of the foregoing, of Company or its licensors without our express written permission; or modify, alter, remove or obscure any copyright, trademark or other proprietary notice on or within the Service or any Content.
Use any bots, robots, spiders, crawlers, or similar data mining, gathering or extraction tools or code, whether automated, programmed or manual, to access, use, copy from, or otherwise interact with the Service or to probe, scan or test the vulnerability of the Service and any related networks, systems, servers and equipment.
Interfere with or manipulate the Service, including by uploading or otherwise disseminating any virus, malware, ransomware, spyware, worms, or other software or code malicious or disruptive code; or by taking take any action that imposes or is designed to impose an unreasonable burden or load on the Service or any related systems, networks, servers, or equipment.
Export the Service or any Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Use the Service in violation of any applicable third-party terms and conditions, any applicable laws or regulations or for any otherwise illegal or unlawful purposes.

Any violation of these Terms or other unauthorized use of the Services by you, or otherwise under your Account or on your computer, device or equipment, will immediately terminate the limited rights granted to you under these Terms, and such termination will be without prejudice to any other right or remedy Company or any other person may have under applicable law or in equity. Company reserves the right to, in its sole discretion, exercise all rights and remedies and take any and all steps available to Company, under law or in equity, including reporting you to and consulting and cooperating with law enforcement or governmental officials and seeking other legal or equitable remedies.

OWNERSHIP.
As between you and Company, Company owns all right, title and interest, including all copyright, trademark, patent and other intellectual property and proprietary rights, in and to the Service, including all visual, audiovisual and audio materials, sound recordings, musical compositions, visual and graphical interfaces, images, graphics, designs, compilations, interactive features, text, works of authorship, trademarks, service marks, trade names, logos, icons, data, information, code, software, products and software, regardless of whether registered or unregistered, and any combinations and compilations thereof (collectively, the “Content”), and all other elements thereof, including the selection, coordination, arrangement and enhancement of Content and the design, layout and “look and feel” of each aspect of the Service. No act of downloading, installing, or otherwise using the Service or any Content or portion thereof will transfer any title, interest or right in or to the foregoing to you.

The Service and Content are protected by applicable copyright, trademark and other applicable intellectual property rights and laws and constitute valuable intellectual property of Company. Company hereby expressly reserves all rights not expressly granted herein.

LINKS TO THIRD-PARTY WEBSITES.
The Site may contain links to third party websites or services and advertisements for third parties (collectively, the “Third Party Sites & Ads”). Such Third-Party Sites & Ads are not under our control and we are not responsible for any Thirty-Party Sites & Ads. We provide these Third-Party Sites & Ads only as a convenience and are not responsible for the content, products, or services on or available from those Third-Party Sites & Ads. You acknowledge sole responsibility for and assume all risk arising from your use of Third-Party Sites & Ads.
The inclusion of a hyperlink to Third-Party Sites & Ads does not imply affiliation, endorsement, or adoption by Company of the Third-Party Sites & Ads or any information contained therein.

AVAILABILITY AND CHANGES.
AVAILABILITY.
We have no obligation to maintain or make available to you the Service, in whole or in part, nor do we have any obligation to provide you with any related maintenance or support services. In addition, we regularly make changes to the Service, and reserve the right to, in our sole discretion, render the Service, in whole or in part, temporarily or permanently unavailable or to otherwise terminate, suspend access to, replace, or modify any aspect of the Service, including the Content available through the Service and the means and devices through which we make the Service available, at any time and for any or no reason, without notice or liability to you.

CHANGES TO THESE TERMS.
We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of these Terms of Use. Your continued use of the Site will constitute your acceptance of the current Terms; however, any material change to these Terms after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms that were in effect at the time any claim or dispute arose between you and Company will be applied.

PRIVACY POLICY.
Users of the Site should refer to our Privacy Policy for information about how we use and collect information, which may be accessed by clicking on the following link: PRIVACY POLICY (as may be updated from time to time). You agree that we may collect, use, retain, and disclose your personally identifiable information to the extent permissible by law and as described in the Privacy Policy and that those policies will govern our collection and use of your personally identifiable information to the extent permissible by law.

ADDITIONAL TERMS.
Additional terms, policies, rules, instructions and/or guidelines (“Additional Terms”) may apply to the Service and your interactions with Company, regardless of whether or not they are expressly labeled as Additional Terms. By purchasing, accessing and/or using the Service, or otherwise interacting with Company, you agree to comply with all Additional Terms referenced or associated in connection therewith and are responsible for satisfying any eligibility or other requirements set forth in Additional Terms. All Additional Terms are hereby incorporated by reference into and made a part of these Terms.

TERMINATION.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block and prevent future access to and use of the Site. You agree that we will not be liable for any termination of your use of or access to the Site.

INDEMNIFICATION.
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Company, its parents, subsidiaries and other affiliates and each of its and their respective employees, officers, directors, contractors, owners, suppliers service providers, licensors, agents, representatives, successors and assigns (all of the foregoing, together with Company, the “Company Parties”) from and against any and all claims, demands, complaints, damages, losses, liabilities, judgments, fines, penalties, interest, fees, expenses and costs (including reasonable attorneys’ fees) (collectively, “Claims”) arising out of or in connection with: (a) your use of the Service, including any use of the Service through your Account (with or without authorization your authorization) and any disputes or interactions between you and any other Service user); (b) your User Content and Feedback, including any allegations of infringement or other violation of rights; and/or (c) your violation of these Terms. You agree that Company shall have exclusive control over the defense or settlement of any third-party Claims (without limiting your indemnification obligations with respect to that Claim) and that you cooperate with the Company Parties in defending such Claims. You may not settle any Claims for which you are required to provide indemnification without Company’s prior written consent.

GENERAL DISCLAIMER.
We do not guarantee that the Service, including any Content therein, will always be fully-functional, current or accurate or that it will meet your needs, goals or expectations. The quality of the Service and display of Content may vary and can be affected by a variety of factors, including your location, internet speed or bandwidth availability, device or equipment configuration, settings and capabilities, and the specific Content or function you are attempting to access. Internet data usage charges may apply when accessing and using the Service; check with your internet, wireless or cellular provider for information on possible charges. You are solely responsible for all charges associated with your access and use of the Service. Descriptions provided through the Service are approximate and are provided for convenience purposes only.

YOU ACKNOWLEDGE AND AGREE THAT, SUBJECT TO THE LIMITATION OF DAMAGES ADDRESSED BELOW: (1) THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS; (2) YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK, AND (3) COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, OF ANY KIND RELATED TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND (B) WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE COMPATIBLE WITH YOUR DEVICES, HARDWARE OR SOFTWARE, BE OR REMAIN FREE FROM DEFECTS, INTERRUPTIONS, INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE.

IN CONSIDERATION OF YOUR RIGHTS TO ACCESS AND USE THE SERVICE, AND ON BEHALF OF YOUR HEIRS, BENEFICIARIES, DISTRIBUTEES, LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, YOU HEREBY VOLUNTARILY AND KNOWINGLY, FOREVER WAIVE, RELEASE, COVENANT NOT TO SUE, DISCHARGE AND HOLD HARMLESS COMPANY FROM, AND THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR, ANY LOSSES OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY, INCLUDING FOR ANY PROPERTY LOSS OR DAMAGE, LOSS OF EARNINGS OR EARNING CAPACITY, PERSONAL INJURY, ILLNESS OR IMPAIRMENT, PHYSICAL PAIN, MENTAL ANGUISH, PARALYSIS, HEART ATTACK OR DEATH, ARISING OUT OF, IN CONNECTION WITH OR RELATED TO THESE TERMS, YOUR ACCESS TO AND USE OF THE SERVICE, YOUR PURCHASES AND THE USE OR NON-USE OF ANY SERVICE, CONTENT OR PRODUCT PROVIDED OR OFFERED HEREUNDER, WHETHER RELATED TO EXERCISE OR NOT AND REGARDLESS OF LEGAL THEORY OR WHETHER ARISING IN OR BY STATUTE, TORT, CONTRACT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE AND WHETHER SUCH LOSSES OR DAMAGES ARE KNOWN OR UNKNOWN TO YOU OR ANY OTHER PERSON; PROVIDED THAT THE FOREGOING RELEASE AND WAIVER OF LIABILITY SHALL NOT APPLY TO ANY LOSSES OR DAMAGES CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF COMPANY TO THE EXTENT SUCH DISCLAIMER PROHIBITED BY LAW. NONETHELESS, THIS RELEASE IS INTENDED BY BOTH PARTIES TO BE AS BROAD IN EFFECT AS ALLOWED BY LAW AND SHALL COVER OR INCLUDE ANY CLAIM OR DEMAND YOU HAVE, HAD OR EVER WILL HAVE. ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, AND ANY SIMILAR APPLICABLE LAW, ARE HEREBY EXPRESSLY WAIVED. SECTION 1542 READS AS FOLLOWS: “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.”

WAIVER AND RELEASE.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER COMPANY, OUR AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING PRODUCTS, SERVICES, OR CONTENT ON THE SITE WILL BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY – EVEN OUR OWN ACTIVE OR PASSIVE NEGLIGENCE – ARISING IN CONNECTION WITH (I) THE SITE; (II) THE USE OR INABILITY TO USE THE SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY SERVICES THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OF DATA OR OTHER INFORMATION THAT IS SENT TO OR RECEIVED BY THE SITE; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THESE TERMS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST TWELVE (12) MONTHS TO COMPANY FOR ANY PRODUCTS OR SERVICES SUPPLIED BY US THROUGH YOUR USE OF THE SITE OR OTHERWISE.
WE WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

LIMITATIONS OF LIABILITY.
SOLE AND EXCLUSIVE REMEDY.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE, IN ADDITION TO ANY APPLICABLE RETURN POLICIES, IS TO STOP USING THE SERVICE AND, WHERE APPLICABLE, CANCEL ANY ASSOCIATED SERVICE MEMBERSHIP.

LIMITATION OF LIABILITY.
COMPANY WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING ANY DEATH, PERSONAL INJURY, LOSS OF USE, LOSS OF PROFITS OR GOODWILL, LOSS OF DATA (INCLUDING LOSS OF USER CONTENT), DAMAGE TO DEVICES, EQUIPMENT, HARDWARE, SOFTWARE OR OTHER PROPERTY, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, ANY CONTENT PRODUCT, OR OTHERWISE IN ANY WAY RELATING TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ANY COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

LIMITATION OF DAMAGES.
IN ADDITION, IF AND TO THE EXTENT COMPANY IS LIABLE FOR ANY DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, ANY CONTENT, OR THESE TERMS, THEN THE AGGREGATE LIABILITY OF COMPANY FOR SUCH DIRECT DAMAGES WILL BE LIMITED TO GREATER OF (A) ONE HUNDRED DOLLARS ($100.00 USD) OR (B) (I) IF YOUR CLAIM RELATES TO THE SERVICE, THE AMOUNT YOU PAID TO COMPANY FOR ACCESS TO THE SERVICE IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO SUCH CLAIM.

GENERAL.
GOVERNING LAW.
These Terms, as well as your interactions with the Service and with use, will be governed by the laws of the State of California, without regard to any conflict of law principles. You and Company hereby irrevocably consent and submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California and waive all objections thereto.

NOTICE TO CALIFORNIA RESIDENTS.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service.

MISCELLANEOUS.
These Terms, together with the Privacy Policy, and any Additional Terms, constitute the entire and exclusive understanding and agreement between you and Company in connection with the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, or delegate any rights or obligations under these Terms, in whole or in part, by operation of law or otherwise at any time without notice or consent. Our failure to enforce any provision or exercise any right under these Terms will not constitute a waiver of such provision, nor will any written waiver by us of any breach or default of these Terms be a waiver of any subsequent breach or default. Any waiver will be effective only if in writing signed by an authorized representative of Company. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable by court of competent jurisdiction, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

CONTACT US.
Whole Health Integrative Care is located at 330 Townsend Street, Suite #232, San Francisco, California 94107. If you have questions regarding the Service or these Terms, or would like to request support for the Service, please contact us at info@wholehealthintegrativecare.com. We will attempt to respond to all requests within a reasonable time frame, but we cannot assure you that a response will be provided within any particular time frame or that we will be able to answer any such requests.