Terms of Services | Onsite Wellness

Customer Terms of Service

Onsite Wellness LLC. (“Onsite Wellness”, “we,” “us,” “our) thanks you for visiting our website (the “Site”) or mobile application (the “App”). These Terms of Service (“Terms”) govern your access to and use of the Site and the App and their related internet-based services, features, content, and functionality, including the Appointment Booking Service and physical services provided by Onsite Wellness LLC (the “Booking Service” and, together with the Site and the App, the “Service” or “Services”). By using the Service, you acknowledge that you have read, accepted, and agreed to be bound by these Terms.

Acceptance of Terms

These Terms constitute an electronic contract that explains the legally binding terms of your use of the Service. By using the Service, you accept and agree to these Terms and any conditions or notices contained or referenced within. You acknowledge that these Terms may be modified by us at any time, in our sole discretion, and that any modifications will be effective upon posting. Your continued use of the Service shall indicate your acceptance of any modified terms. Further, you agree that we may at any time, in our sole discretion, with or without prior notice to you, modify, cancel, update, reconfigure, supplement, limit, terminate, or otherwise alter the Service or any part thereof, including as between different users, whether temporarily or permanently.

By using the Service, you also agree that we may send you various communications by email. After submitting a booking form you may receive occasional newsletters and offers from us via email. You can unsubscribe from these emails at any time. You agree to notify us promptly if your email address changes. This consent covers all actions you conduct through the Service. Should you decide that you do not wish to receive communications by email, please contact us at onsitewellnessconcierge.com. Your withdrawal of consent will be effective within a reasonable time after we receive such notice. A withdrawal of consent will not affect the enforceability of these Terms. However, a withdrawal of consent to receive communications electronically may result in termination of your use of the Service.

We reserve the right to, and you acknowledge and consent that we may (but are not required to), monitor the Service to the extent permitted by law, including your communications and activities via the Service, and in connection with your access and use of the Service, including without limitation, information provided by you and information about your geolocation.

User Account

In order to access certain features of the Service, you may be asked to create a User Account. In creating a User Account, you may be asked to provide certain personalized information to us. Our information collection and use policies with respect to the privacy of such information are set forth in Our Privacy Policy, which is incorporated herein by reference for all purposes. It is your responsibility to provide us with accurate, complete, and up-to-date information for your account. You agree to promptly update such information as needed.

When you create a User Account, you agree to take full responsibility for maintaining the confidentiality of your access credentials used to log into the Service (e.g., username and password), and for all activity that is generated by your User Account. You may not permit anyone else to use your access credentials, and you may not use anyone else’s access credentials. You may not attempt to gain unauthorized access to any other user’s access credentials. You agree to immediately notify us in the event that (i) your access credentials are lost or stolen, or (ii) you become aware of any unauthorized use of your access credentials or of any other breach of security that might affect the Service. We are not responsible for any loss or damage arising from someone else using your access credentials or your failure to comply with this section.

General Use of Service

Limited License

Subject to your compliance with these Terms, we hereby grant you a limited,

revocable, non-exclusive, non-sublicensable, non-transferrable license to: access and use the

Service on a device that you own or control solely in connection with your use of the Service;

and access and use any content information and related materials that may be made available

through the service to you, in each case solely for your personal use. Any rights not expressly

granted herein are reserved by Onsite Wellness LLC and its licensors.

Prohibited Uses

In addition to other terms as set forth in the agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Proprietary Rights

The Service is the proprietary property of Onsite Wellness LLC and/or its third party licensors, and is protected by U.S. and foreign copyright, trademark, and other intellectual property laws. Your use of the Service does not grant you ownership of any content, code, data or materials you may access on or through the Service, or download from the Service.

Medical Disclaimer

Onsite Wellness LLC. Service is designed to enable you to request and book certain wellness services to be provided by a licensed medical professional. We do not provide medical care services. Our Service does not engage in the practice of medicine and is not a health care provider.

A licensed health care professional will perform the requested services for you. The health care professional with which you establish a treatment relationship is solely responsible for providing you with requested services.

We encourage you to consult with your own health care provider prior to using Onsite Wellness LLC Service to book any service or if you have any questions regarding any service.

These Terms apply to the Service. We may also present to you through your use of the Service any terms specific the use of a particular service (“Service-Specific Terms”). All Service-Specific Terms are incorporated into these Terms by reference. To the extent that these Terms conflict with the Service-Specific Terms, the Service-Specific Terms will control.

The Service is only available to individuals who are at least 18 years old. If you are not 18 years old, please do not use our Service.

Payment

Payments will be charged upon initiation of service requested. Reservation for parties of 5 or

more require a $250.00 deposit. Onsite Wellness may accept payment via third party applications

(e.g. Zelle, Square) however we are not responsible for any charges or issues presented by any

third party. Please be sure to review the terms of service and privacy policy of any third party

being used.

Cancellation

We request a 6 hour cancellation notification for group appointments (parties of two (2) or

more). If reservation is made with less than 6 hours, no cancellation is permitted, you will be

charged with full amount of requested service. Specific EVENT reservations for (parties of 5 or

more) require a $250.00 deposit for reservation and require at least 24-hour advanced notice of

cancellation. Deposited amount of 250.00 is Non-refundable should you not provide at least 24-

hour advanced notice of cancellation. If you book your service for specific EVENT (parties of 5

or more) less than 24-hours in advance, cancellation is not permitted and deposited amount of

$250.00 is non-refundable.

Refunds and/or Credits.

In the event that the medical professional is unable to perform the requested services due to

circumstances outside of the clients control or for reasons other than the clients medical

condition or health, you will receive a full refund or credit.

In the event that the medical professional is unable to complete the requested service(s) after the

initiation of service due to any reason outside of the medical professionals control, the full

amount charged for service is non-refundable.

By using the our services, you hereby agree and authorize Onsite Wellness LLC. to automatically

charge your credit card (or other payment method) for the applicable fees or charges, plus any

applicable taxes.

If during the service process, you misrepresent yourself in any manner, including but not limited

to, a misrepresentation of your age or medical history, Onsite Wellness LLC reserves the right to

cancel your service without notice and charge you the full amount. If, at the time of your

requested service, you are under the influence of drugs or alcohol, Onsite Wellness LLC will not

perform the service and you will be charged the full amount of service requested.

Mobile Devices and Apps

We may make available mobile apps that permit the service to be accessed and operated through

smart phones or other mobile devices. The service is licensed, not sold, to you for use only

under these terms. This license does not allow you to use the service on any mobile device that

you do not own or control, and you may not distribute or make the service available over a

network, or where it could be used by multiple devices at the same time. The terms will

govern any upgrades provided by us that replace and/or supplement the original version of the

service, unless such upgrade is accompanied by a separate license designated by us, in which

case the terms of that separate license will govern. We do not guarantee that the Service will be

available for, or function in connection with, all smart phones or mobile devices.

If you download the service from from the iTunes® or Apple®Store for use with your Apple Inc.

(“Apple”) mobile device (“Apple Mobile App”) or from Google Play® or Google, Inc.

(“Google” and together with Apple, the “Device Providers”) for use with your Android® mobile

device (“Android Mobile App” and together with Apple Mobile App, the “Mobile Apps”):

You acknowledge that these terms are concluded between you and Onsite Wellness LLC only,

and not with the device providers, and that Onsite Wellness LLC, not the device providers, is

solely responsible for the mobile apps and the content thereof.

You agree to the applicable device providers’ terms of use or service and you will only use the

mobile apps solely as permitted by the usage rules set forth in the applicable terms of use or

service, which you acknowledge you have had the opportunity to review; provided, however,

that if these terms include more restrictive terms than the device providers’ terms of use or

service, then such more restrictive terms will supersede the conflicting terms;

You acknowledge that the device providers have no obligation whatsoever to furnish any

maintenance and support services with respect to the mobile apps;

You agree to comply with any applicable third party terms of agreement when using the mobile apps. You acknowledge and agree that the device providers, and their subsidiaries are third party beneficiaries of these terms and that upon your acceptance of these terms, the device providers will have the right, and will be deemed to have accepted the right, to enforce these terms against you as a third party beneficiary thereof. Apple® and iTunes® are registered trademarks of Apple Inc. Google Play® and Android® are registered trademarks of Google, Inc.

In order to use a mobile app, you may also need to purchase an appropriate data plan

from your wireless carrier and we are not responsible for overages or for actions that your

wireless carrier may take against you for using data in violation of your wireless carrier’s

service terms.

Indemnification

You agree to release, indemnify, defend and hold harmless Onsite Wellness LLC., its parent, subsidiaries and affiliates and its and their shareholders, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable legal fees and costs (whether brought by third parties or otherwise) (collectively, “Claims”) due to or arising in any way from your use of the service, your placement or transmission of any message, any content, or other information or materials through the service, or your breach or violation of the law or of these terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section.

Third Party Websites or Service

Our Site or App may contain links to or advertisements and content from other websites including those of third parties or business partners (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through linked sites. The inclusion of any link to such sites or third party advertisements on our service does not imply our endorsement or recommendation and we make no representations or warranties with respect to such sites or advertisements or their respective goods or services. Any reliance on third party sites and advertisements is done at your own risk.

Disclaimer of Warranties

We provide service “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE”. The entire risk as to satisfactory quality, performance, accuracy, security and effort is with you. To the maximum extent permitted by applicable law, we make no representations, warranties or conditions expressed or implied. We disclaim any and all warranties or conditions expressed, statutory and implied, including without limitation. Warranties or conditions of merchantability, fitness for a particular purpose, or workmanlike effort, accuracy title and non-infringement, warranties or conditions arising through course of dealing or usage of trade and warranties, conditions that access to or use of the service will be uninterrupted or error-free.

Limitation of Liability

You acknowledge and agree that we are only willing to provide you access to services if you

agree to certain limitations of our liability to you and third parties, to the extent permitted by

applicable law. Onsite Wellness, our directors, advisors, officers, employees, agents, content or

service providers (Collectively the “Protected Entities”) Shall not be liable for any indirect,

consequential, special, incidental, punitive or exemplary damages whatsoever, or loss of use,

data, business, revenues or profits (in each case whether direct or indirect) arising out of or in

connection with services and these terms, whether based in Contract, Tort, Strict Liability, or any

other legal theory, even if there has been advice of possibility of such damages or remedy fails its

essential purpose.

To the extent permitted by applicable law, the aggregate liability of the protected entities arising

out of or in connection with the service and these terms, will not exceed the amount paid by you,

if any for accessing the service, even if these remedies fail their essential purpose.

Term and Termination

These Terms remain in full force and effect until they are terminated pursuant to the terms herein, however either party may terminate these terms at any time without notice. Upon any termination or expiration, Onsite Wellness LLC will stop providing the Service to you.

Information

We do not warrant or guarantee the accuracy, completeness or timeliness of any information available via the service. We do not authorize the use of information available via the service for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes.

Availability

Our goal is to provide a product with outstanding uptime and reliability. Planned downtime, intellectual property claims, and matters outside of our reasonable control are some of the circumstances that may lead to the service being unavailable. Although we strive to operate without interruption, we do not guarantee that the service will always be made available.

Information Security

We have used commercially reasonable efforts to implement a variety of administrative, managerial, and technical security measures designed to protect your personal information from unauthorized use and disclosure. We cannot, however, guarantee security of the information contained in your user account or otherwise collected by us and we cannot promise that such measures will prevent third-party “hackers” from illegally accessing us or our contents. We are not responsible or liable for any third-party access to or use of the information contained in your account or otherwise collected by us.

International Visitors

We control and operate our services from the United States of America. We do not represent that materials on the service are appropriate or available for use in other locations. Persons 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 local laws are applicable.

Intellectual Property and Copyright Infringement

Onsite wellness LLC respects the intellectual property rights of others and ask our users, advertisers, licensors, and service providers to do the same. If you believe that your intellectual property is accessible on our web site or App in a way that constitutes infringement, please contact us at onsitewellnessconcierge.com. In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notices of claims of copyright infringement on the Site or App. Our Copyright Agent may be reached at onsitewellnessconcierge.com.

Electronic Communications

You consent to receive communications from us in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any applicable legal requirements, including that these be made in writing. You acknowledge that there is inherent risk in use of the Internet and that the information transmitted through the Internet in general is not confidential. We cannot and do not guarantee the privacy or protection of any electronic communications through the Internet.

Remedies for Breach

If we determine, in our sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Site or App, we reserve the right to: remove your name and information from our notification lists, notify and/or fully cooperate with the proper law enforcement authorities for further action, discontinue your ability to use the Service and/or any other action which we deem to be appropriate.

If your ability to access our service is discontinued by us due to your violation of any portion of the terms or for conduct otherwise inappropriate, in our sole discretion, then you agree that you shall not attempt to re-register with or access the services and/or any other product, content, or service provided by us, through use of a different name or otherwise. The remedies contained in the terms are not the exclusive remedies for your breach, but will be in addition to all other remedies available to us by law or in equity.

Other Terms

You may not assign or otherwise transfer any rights, or delegate or otherwise transfer any of your obligations or performance, under these Terms, in each case whether voluntary, involuntary, by operation of law, or otherwise, without our prior written consent. Any purported assignment, delegation, or transfer in violation of this section is void. Onsite Wellness LLC may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without your consent. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.

These Terms constitute the complete and entire agreement between you and Onsite Wellness LLC. concerning its subject matter, and supersedes all prior agreements and representations between the parties.

The use of the terms “includes,” “including,” “such as,” and similar terms, will be deemed not to limit what else may be included. The headings in these Terms are for reference only and do not affect the interpretation of these Terms.

A party’s failure to delay or enforce a provision under these Terms is not a waiver of its right to do so later.

If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this agreement will continue in full force and effect.

If you have any questions concerning these terms, please contact us at

onsitewellnessconcierge.com.