Effective Date: June 1, 2020

Privacy Policy

This Privacy Policy describes how Wellivery Online Medical Care (“Wellivery Online Medical Care,” “we” or “us”), as well as health care providers including but not limited to nurse practitioners, physician assistants and/or physicians made available to you through Wellivery Online Medical Care (collectively “Providers”), Wellivery Online Medical Care may collect information about you through your interactions with us on the Wellivery Online Medical Care websites and mobile applications (collectively, the “Services”). By using the Services, you agree to the terms of this Privacy Policy. If you have any questions or concerns about this Privacy Policy, or about the way your information is collected and used, please call us toll-free at (970) 744-6910.

To the extent that information collected through the Services is patient information provided to obtain treatment, this information is governed by the Wellivery Notice of Privacy Practices and not this Privacy Policy. If you have questions about which policy applies to information you have provided, please do not hesitate to Contact us, or call us toll-free at (970) 744-6910.

We may change this Privacy Policy. The “Effective Date” legend at the top of this page indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy.

What is Wellivery Online Medical Care?

Wellivery Online Medical Care is provided through a synchronous Video Visit, which is an interactive virtual patient experience, or by telephone. This type of Wellivery Online Medical Care uses digital information and communication technologies, commonly referred to as Telehealth and/or Telemedicine. By using Wellivery Online Medical Care, you can interact with Providers and access and manage your health care by means of a computer and/or mobile device for the purpose of diagnosis, consultation or treatment. Wellivery Online Medical Care should only be used for non-emergency conditions.

Who May Use the Services?

We do not knowingly collect personal information online from any person we know to be under the age of 13 and instruct users under 13 not to send us any information to or through the online Services.

The online Services are designed for users from, and are controlled and operated by us from, the United States. By using the Services, you consent to the transfer of your information to the United States or storage of your information in the United States, which may have different data protection rules than those of your country.

If you leave a comment, the comment and its metadata are retained i

The Personal Information We Collect

We want you to understand how personal information you provide to us is collected and used. Personal information is any information that we can use to identify, locate, or contact you. We may collect and store your personal information when you provide it to us or to our service providers. Some examples of personal information we collect and when we collect it include:

If you submit any personal information relating to other people in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

We may combine the information collected from you through the Services with information we receive from and about you from other online and offline sources, such as in our stores, and use the combined information in accordance with this Privacy Policy. Our goal is to offer you content, advertisements, products, and services that are most likely to appeal to you.

If you choose not to provide your personal information to us, we may not be able to provide you with requested products, services or information.

Use and Disclosure of Personal Information

In addition to the uses and disclosures set forth in the Notice of Privacy Practices for your personal health information, Wellivery Online Medical Care may use your personal information received from you in connection with the Services to: 

If Wellivery Online Medical Care or some or all of our business, assets or stock are sold or transferred (including in connection with any bankruptcy or similar proceedings) or used as security, or to the extent we engage in business negotiations with third parties, personal information may be transferred to or shared with third parties as part of any such transaction or negotiation.

To the extent permitted by applicable law, we may provide personal information to our affiliated businesses or to our business partners, who may use it to send you marketing and other communications.

We may disclose personal information to our service providers, who provide services such as website hosting, data analysis, payment processing, order fulfilment, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services. 

If we are requested by law enforcement officials or judicial authorities to provide personal information, we may do so. In matters involving claims of personal or public safety or in litigation where the information is pertinent (including to allow us to pursue available remedies or limit the damages that we may sustain), we may use or disclose personal information, including without court process. We may also use or disclose personal information to enforce our End User License Agreement (below), to protect our operations or those of any of our affiliates, or to protect our rights, privacy, safety or property and/or that of our affiliates, you, or others.

We may use and disclose personal information to investigate security breaches or otherwise cooperate with authorities pursuant to a legal matter. We may use and disclose information that does not personally identify you (including the information described under “Cookies and Other Technologies,” below) for any purpose, except to the extent limited by applicable law. If we are required to treat such information as personal information under applicable law, then we may use it for all the purposes for which we use and disclose personal information.

We may combine information that does not personally identify you with personal information. If we do, we will treat the combined information as personal information as long as it is combined.

Links

The Services may contain links to, or otherwise make available, third-party websites, services, or other resources not operated by us or on our behalf (“Third Party Services”). These links are provided as a convenience only and do not constitute an affiliation with, endorsement or sponsorship of the Third Party Services. Wellivery Online Medical Care is not responsible for the privacy practices of such Third-Party Services. Any information you provide to such third parties is not subject to the terms of this Privacy Policy, and we are not responsible for the privacy or security of the information you provide to them or their handling of your information. Wellivery Online Medical Care encourages you to be aware when you leave the Wellivery Online Medical Care website and/or mobile application and we encourage you to review the privacy policy of any third party websites to whom you provide personal information online and/or collect personally identifiable information.

In addition, we are not responsible for the information collection, use, disclosure, or security policies and practices of other organizations, such as Apple, Google, Microsoft, RIM, or any other app developer, app provider, operating system provider, wireless service provider, or device manufacturer.

Information from Other Sources

We may collect data about you from publicly available sources to personalize your experience. We may also obtain data provided by third parties. For example, we may obtain information from companies to improve the accuracy of the information we have about you (e.g., adding your zip code to your address information). This improves our ability to contact you and increases the relevance of our offers and communications to you.

Security

We seek to use reasonable physical, technical, and administrative safeguards to protect personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account with us has been compromised), please immediately contact us in accordance with the “Contact Information” section below.

You are responsible for maintaining the confidentiality of your Services access information and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your password.

Telephone, Text and Fax Policy

By providing your residential or wireless phone and/or fax number(s) to Wellivery Online Medical Care, you expressly consent to receive marketing and non-marketing autodialed and/or prerecorded calls, text messages and faxes (including fax advertisements) from or on behalf of Wellivery Online Medical Care at the number(s) provided. Your consent to receive calls or texts on your wireless device is not a condition of any purchase or a condition of receiving Services. Consent may be revoked at any time by calling (970) 744-6910 or faxing your opt-out request to 866-614-6108. You may also send an opt-out request via email to dox@Wellivery.com with the phone and/or fax number you wish to opt-out. Your wireless carrier’s standard message and data rates may apply. Text messaging terms and conditions are in the End User License Agreement section of these Terms of Use.

Text Messaging Terms and Conditions

Wellivery Online Medical Care or one or more of its affiliates offers access to healthcare service messages via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text alerts. Enrollment in text alerts OR NOTIFICATION requires a patient to provide his or her own mobile phone number with an area code within the 50 United States or the District of Columbia. By enrolling to receive Wellivery Online Medical Care text alerts, you agree to these terms and conditions, which become effective upon your enrollment. You may be asked to verify your mobile phone number before the service will start. This requires responding to a text alert sent to your mobile phone confirming your enrollment in this Service.

You acknowledge that text alerts will be sent to the mobile phone number you provide to Wellivery Online Medical Care. Such alerts may include limited personal information about your prescriptions, and whoever has access to the mobile phone or carrier account will also be able to see this information. Once you enroll, the frequency of text alerts we send to you will vary. You will typically receive text alerts when we have information for you about your prescriptions or other healthcare information. Wellivery Online Medical Care does not impose a separate charge for text alerts; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges. The following carriers are supported: AT&T, Sprint, Boost, Verizon Wireless, U.S. Cellular®, T-Mobile®, Cincinnati Bell, Alltel, Virgin Mobile USA, Cellular South, Unicel, Centennial and nTelos. You may opt out of Wellivery Online Medical Care text alerts at any time. For questions about text alerts, contact Wellivery Online Medical Care at (970) 744-6910.  

Monitoring Use

Wellivery Online Medical Care reserves the right (but does not have the obligation) to elect to electronically monitor use of our Software and our Services (including electronic communications made in connection with the Software and the Services) and may disclose any content, records, or electronic communication of any kind if permitted to do so by any applicable law, regulation, or government request, if such disclosure is necessary or appropriate to operate the Software or the Services, or to protect our rights or property, or the rights of the users, partners, affiliates, sponsors, providers, licensors, or merchants. If alerted to allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content.

Responsibility for Hardware, Software, Telecommunications and Other Services

You are responsible for obtaining, maintaining and paying for all hardware, software and all telecommunications and other services needed for you to use the Software and the Services.

In particular, you acknowledge that by using the internet to use the Software or the Services, you may incur charges from your wireless carrier, internet service provider, or other method of internet access, and that payment of any such charges will be your sole responsibility. Wellivery Online Medical Care does not control wireless or internet access. Your use of these networks may not be secure and may expose your personal information sent over such networks.

Healthcare Services

Resale of products or services, including any prescriptions received in connection with a Treatment Plan provided in connection with the Software or the Services is specifically prohibited. We reserve the right to refuse to provide treatment to you if it reasonably appears to us that you have not provided us with accurate information or you intend to resell any prescriptions received. Asthmanic Wellivery Online Medical Care does not accept any responsibility for the accuracy, reliability, or completeness of any information you provide to us.

Verification of information may be required prior to providing your Treatment Plan.

Price, availability of any service, and any other information, descriptions or images available through the Software or the Services regarding any products or services, are subject to change without notice. 

By submitting any information through the Software or the Services in connection with receiving the Services, you grant to us the right to provide such information to third parties for purposes of facilitating such Services. Verification of information may be required prior to the acknowledgment or completion of any transaction. Further terms and conditions related to transactions in connection with the Software or the Services may apply.

Electronic Communications

When you send electronic communications, including emails or text messages, to us, you are communicating with us electronically and consent to receive return communications, if any, from us electronically, including through the Software or the Services, or otherwise. 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.

Payment

Payment processing services may be provided through the Service by a third-party vendor. When you submit payment for Services received by and through Wellivery Online Medical Care, you agree to provide your credit card or payment information to a third party for processing, and you further agree to hold that third party responsible for any unauthorized use or disclosure of your personal information. For all services, our third party payment vendor, Square.com, is wholly responsible for collecting your payment information and processing any payments submitted by you or on your behalf for any of the Services provided.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT CARD OR OTHER METHOD OF PAYMENT THAT YOU SUBMIT THROUGH OR USING THE SOFTWARE OR SERVICES (1) IN CONNECTION WITH A TRANSACTION, AND/OR (2) TO POTENTIALLY BE USED IN CONNECTION WITH ANY FUTURE TRANSACTION(S). You acknowledge that Wellivery Online Medical Care is not responsible for any payment card you may add or use in connection with the Software or the Services and that Wellivery Online Medical Care is not a party to any cardholder agreement you may have with your card issuer that governs the use of your payment card. You acknowledge that your card issuer may not enable you to add or use a payment card in connection with the Software or the Services and that you should refer to your cardholder agreement and/or contact your payment card issuer for any questions or disputes you may have relating to your payment card. If you lose the device on which you have downloaded the Software, you should contact your payment card issuer as a precaution to prevent unauthorized access to any payment card that you may have added to a Service.

You agree to pay all charges incurred by you or on your behalf through the Software or the Services, or associated with the device on which you have downloaded the Software, at the prices in effect when such charges are incurred, including any shipping and handling charges. In addition, you are responsible for any taxes applicable to your transactions. If any payment due is not made by you, Wellivery Online Medical Care may, in addition to its other remedies, at its sole discretion and without notice to you, (a) suspend its performance under this EULA and your access to and use of the Software and the Services; or (b) terminate this EULA and your access to and the use of the Software and the Services. If legal action is necessary to collect fees or charges due from you, then you will reimburse Wellivery Online Medical Care for all expenses incurred in collecting the fees and charges, including all attorney fees and other legal expenses.

Third Party Resources

The Service may contain links to, or otherwise make available, third-party sites, services, products, information, content, materials, merchandise, functionality and/or other resources (“Third Party Resources”). These links and access are provided for your convenience and reference only. We do not control such Third Party Resources and, therefore, we are not responsible for such Third Party Resources, or any content posted on or made available by such Third Party Resources. Be aware that Wellivery Online Medical Care does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about such Third Party Resources, including without limitation the security of any Materials, or the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on or made available by such Third Party Resources or any other Internet sites. We reserve the right to terminate such links or such access at any time. The fact that we offer such links or access should not be construed in any way as an endorsement, authorization, or sponsorship of such Third Party Resources, or any content made available thereby. Because some Third Party Resources employ automated search results or otherwise link you to Third Party Resources containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in or made available by Third Party Resources, including the weekly circular ads available online, and you hereby irrevocably waive any claim against us with respect to such Third Party Resources. Your use of any Third Party Resources is subject to the Third Party’s terms, conditions and policies applicable to such products, services or materials (such as Terms of Service or Privacy Policies of the providers of such products, services or materials). Wellivery Online Medical Care is not responsible for the privacy and security of any information you share with that Third Party, including your credit card or payment information. 

Disclaimer of Warranty

Asthmanic Wellivery Online Medical Care does not accept any liability for the consequences arising from the application, use, or misuse of any information on the Software or the Services, including any injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise.

YOUR ACCESS AND USE OF THE SOFTWARE, THE SERVICES, RESOURCES, AND THIRD PARTY RESOURCES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, CONTENT, SERVICES, PRODUCTS, MATERIALS, UPLOADS, AUTHENTICATION TECHNOLOGIES, AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH OR IN CONNECTION WITH ANY OF THE FOREGOING (COLLECTIVELY, THE “OFFERING”), IS SOLELY AT YOUR OWN RISK.

WELLIVERY ONLINE MEDICAL CARE AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE OFFERING, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

WE DO NOT WARRANT THAT THE OFFERING WILL MEET YOUR REQUIREMENTS IN ANY RESPECT OR BE AVAILABLE AT ANY PARTICULAR TIME, OR THAT THE OPERATION OF THE OFFERING WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE OFFERING OR NONCONFORMITY TO ITS DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO WELLIVERY ONLINE MEDICAL CARE TO GRANT THE LICENSE CONTAINED IN THIS EULA AND TO PROVIDE YOU WITH ACCESS TO THE OFFERING.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIALS OR RESOURCES PURCHASED OR OBTAINED THROUGH OR USING THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT ANY PASSWORD PROTECTION, ACCESS CREDENTIALS, AUTHENTICATION TECHNOLOGIES OR OTHER SECURITY MEASURES WILL PREVENT UNAUTHORIZED TRANSACTIONS OR ACCESS TO UPLOADS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), OR ANY DAMAGES WHATSOEVER ARISING OUT OF ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS EULA OR THE USE (OR INABILITY TO USE), OPERATION, AVAILABILITY OR PERFORMANCE OF THE OFFERING (OR ANY PORTION THEREOF), OR YOUR RELIANCE ON THE OFFERING (OR ANY PORTION THEREOF).

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE OR SERVICES (INCLUDING ANY AUTHENTICATION TECHNOLOGIES) MAY NOT BE SECURE, AND THAT PRIVACY AND SECURITY RISKS CANNOT BE ELIMINATED. ACCESS CREDENTIALS AND AUTHENTICATION TECHNOLOGIES MAY NOT PREVENT UNAUTHORIZED TRANSACTIONS OR ACCESS TO YOUR ACCOUNT OR UPLOADS.

ANY LIABILITY ON THE PART OF THE WELLIVERY ONLINE MEDICAL CARE ARISING OUT OF OR RELATED TO THIS EULA OR YOUR USE OR MISUSE OF THE OFFERING SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE FEES PAID BY YOU SOLELY FOR THE RIGHT TO USE THE PARTICULAR SOFTWARE OR SERVICES PROVIDED BY WELLIVERY ONLINE MEDICAL CARE HEREUNDER; AND (B) TWENTY-FIVE DOLLARS ($25).

We are not liable for the unauthorized use of Resources.

We shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby. We do not accept any responsibility for technical failures or for unauthorized access of user transmissions by third parties.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty will be equal to the minimum permitted under such applicable law and the extent of the liability will be equal to the greater of the amount you paid for the Software or the Services or the minimum permitted under such applicable law.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS EULA AND THE SOFTWARE AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

Indemnification

Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold harmless Wellivery Online Medical Care from and against all liability, claim, losses, expenses, damages and costs, including reasonable attorneys’ fees, related to or arising out of your misuse of the Software or the Services (including any of your Uploads and your use of Resources) or any violation by you of this EULA.

Termination

You may terminate this EULA at any time by destroying all copies of the Software and related documentation under your control and ceasing to use the Services. All rights granted to you under this EULA will immediately terminate if you violate any of the terms of this EULA or if this EULA is terminated, but all other provisions of this EULA (other than with respect to our right to modify this EULA, the Software or the Services) will survive any such violation or termination.

Wellivery Online Medical Care or its suppliers or vendors may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (a) suspend or terminate (in whole or in part) your authorization to use the Software or the Services and any membership and account you may have; (b) suspend or terminate and permanently delete and destroy any Access Credential, URL, IP address, or domain name; (c) remove from the Services and permanently delete and destroy any Uploads (or any components thereof) that you or others may have posted or submitted to the Services (and for purposes of this EULA, “posted” and “submitted” includes transmission on or through the Internet and in hardcopy format through facsimile or post) for any reason or no reason; (d) restrict access to the Uploads posted or submitted to the Services and to any account you may have; and (e) prohibit you from any future use of the Software or the Services; all without any prior notice or liability to you or any other person.

Without limiting the foregoing, if this EULA is terminated for any reason, then: (a) you may no longer use the Software or the Services, and you must promptly delete the Software from your device and cease all use of any of the Services; (b) this EULA will continue to apply and be binding upon you in respect of your prior use of the Software and the Services, including payment of any charges accrued in connection with use of the Software and the Services and your indemnification obligations; and (c) any fees and charges previously paid by you for unused services will not be refunded.

Export Laws

The United States restricts the export and re-export of commodities and technical data of United States origin, including the Software. You agree that you will not export or re-export the Software in any form in violation of the laws of the United States or any foreign jurisdiction. By installing or using the Software, you represent and warrant that you are not (a) located in, or a national or resident of, any country subject to a U.S. government embargo or other restriction; or (b) on the United States Treasury Department’s list of Specially Designated Nationals, the U.S. Commerce Department’s Table of Denial and Prohibition Orders, or any other U.S. government list of restricted end users.

Governing Law

This EULA, your use of the Software and the Services, all transactions through the Software and the Services, and all related matters, regardless of your location, are governed solely by, and construed solely in accordance with, the laws of the State of New York, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. This EULA will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.

Dispute Resolution

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS EULA OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND WELLIVERY ONLINE MEDICAL CARE OR ITS SUPPLIERS OR VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT WELLIVERY ONLINE MEDICAL CARE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS EULA WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by this EULA. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Wellivery Online Medical Care will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this EULA and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief, or relief providing for specific performance of this EULA, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this EULA will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the EULA will continue to apply and be unaffected by this severability provision.

Copyright Infringement Claims: Notice and Take-Down Procedures

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing through online services infringes their rights under U.S. copyright law. If you believe in good faith that materials available through the Software or Services infringe your rights under U.S. copyright law, you (or your agent) may send to Wellivery Online Medical Care a written notice by mail, e-mail, or fax, requesting that Wellivery Online Medical Care remove such material or block access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the Software or Services, the DMCA permits you to send to Wellivery Online Medical Care a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA, which, with respect to notices of infringement, currently include, among other requirements, the following:

  1. Sufficient information identifying the copyrighted work(s) believed to be infringed.
  2. Sufficient information identifying the allegedly infringing material(s) and the location of such material(s) in order to permit Wellivery Online Medical Care to locate such material(s).
  3. A statement from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed that such owner or authorized representative has a good faith belief that the allegedly infringing materials are used in a manner not authorized by the copyright owner, its agent, or the law.
  4. Contact information for the complaining party, including a mailing address, a telephone number and, if available, an email address.
  5. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed.

Notices and counter-notices must be sent in writing to Wellivery Online Medical Care DMCA agent as follows:DMCA Agent, Legal Department:Mail: Dox4All PC, 3695 North L street, Ste A6, Pensacola, FL 32505.

Email: dox@Wellivery.com

Fax: 866-614-6108

Asthmanic Wellivery Online Medical Care DMCA agent can also be reached at the following phone number: 970-744-6910.

Miscellaneous

This EULA is the entire agreement between you and Wellivery Online Medical Care with respect to the Software and the Services and supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Software) concerning the Software or the Services.

If any provision of this EULA is found to be invalid or unenforceable, it will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of this EULA will remain in full force and effect.

Failure by Wellivery Online Medical Care to prosecute any right with respect to a default hereunder will not constitute a waiver by Wellivery Online Medical Care of the right to enforce rights with respect to the same or any other breach.

Contact Us

If you have a question or complaint regarding the Software or the Services, contact us as follows: Dox4All PC, 3695 North L street, Ste A6, Pensacola, FL 32505

Telephone: (970) 744-6910

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.