1. Acceptance Procedure
2. Not Professional Medical or Healthcare Advice
YOU ARE NOT A PATIENT OF DASHAWELLNESS. THE ADVICE YOU RECEIVE FROM YOUR HEALTH PROFESSIONAL SHOULD TRUMP ANY INFORMATION YOU SEE ON THE SERVICE.
CONTACT 911 OR YOUR DOCTOR IN CASE OF ANY HEALTH EMERGENCY.
No Patient Relationship. Your use of the information and services available does not create a patient relationship with DashaWellness. You should consult in person with qualified health professionals who are familiar with your individual medical needs concerning your specific medical issues and your relationship with third party client providers is solely and exclusively with them. Never disregard professional advice or delay in seeking it because of information you read on DashaWellness.
Medical Emergency. If you think you may have a medical emergency, call your doctor or 911 immediately. DashaWellness is not intended for emergency situations.
DashaWellness does NOT diagnose or treat any illness or health condition. If you require clinical or other professional services, you should consult with an individual who is appropriately licensed to diagnose and treat your condition.
ONLY A MEDICAL OR OTHER LICENSED HEALTHCARE PROFESSIONAL CAN SCREEN FOR, DIAGNOSE, MONITOR OR OTHERWISE PROVIDE ANY CARE OR TREATMENT FOR CLINICAL OR MEDICAL CONDITIONS WITHIN THE SCOPE OF THEIR SPECIALTY.
We may, however, include a variety of information and content on our website and by provision through our service’s third party independent client providers and listed third party resources, including articles, data, references, interactive community tools and advertising. This website also may contain general information relating to medical and/or healthcare conditions, their treatment, and healthcare services and/or supplies. Additionally, physicians and other healthcare professionals may contribute such information and articles to the website.
ALL INFORMATION AND CONTENT ON OUR WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A PHYSICIAN, DENTIST OR OTHER QUALIFIED AND LICENSED HEALTHCARE, CLINICAL OR MEDICAL PROFESSIONAL PURSUANT TO PERSONAL IN-PERSON EXAMINATION AND PROFESSIONAL CONSULTATION.
DASHAWELLNESS DOES NOT ENDORSE NOR IS IT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS OR TIMELINESS OF ANY OPINION, ADVICE OR STATEMENT ON DASHAWELLNESS OR PROVIDED BY THIRD PARTY INDEPENDENT CLIENT PROVIDERS AND RESOURCES. THE PROVISION OF OPINIONS, ADVICE OR STATEMENTS BY THIRD PARTY INDEPENDENT CLIENT PROVIDERS AND RESOURCES ON OR THROUGH THE WEBSITE/APP AND ITS FEATURES EVEN IF CONTRIBUTED OR OTHERWISE COMMUNICATED FROM A PHYSICIAN, DENTIST OR ANY HEALTHCARE PROFESSIONAL IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO AND DOES NOT CREATE OR OTHERWISE CONSTITUTE A PHYSICIAN-PATIENT OR CLINICIAN-PATIENT RELATIONSHIP.
While we hope you find it helpful, you should not use the information contained herein for diagnosing a health problem, disease or condition or for selecting a specific course or method of treatment. Healthcare professionals using this website and services should also remember that this information is not meant to serve as a substitute for your medical or clinical judgment as a healthcare professional. Healthcare consumers should not rely on the information on this website as professional medical advice or use it to replace any relationship with your physician, dentist or other qualified healthcare professional. For medical concerns and/or decision making, including decisions about medications, surgery and other treatments, individuals should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. HEALTHCARE AND SERVICE CONSUMERS WHO USE THE INFORMATION FROM THIS WEBSITE AND FROM THIRD PARTY INDEPENDENT CLIENT PROVIDERS WE SCHEDULE AND OTHER SUCH RESOURCES DO SO AT THEIR OWN RISK AND SHALL LOOK SOLELY TO SUCH THIRD PARTIES WITH RESPECT TO THE SERVICES THEY INDEPENDENTLY PROVIDE.
3. Use at Own Risk; Limitation of Liability
YOUR USE OF DASHAWELLNESS IS AT YOUR OWN AND SOLE RISK. THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND OR NATURE.
THE LISTED AND/OR CLIENT MEDICAL OR OTHER LICENSED HEALTHCARE PROFESSIONALS AND THIRD PARTY RESOURCES INCLUDING PRODUCT AND SERVICE PROVIDERS ARE THIRD PARTIES AND ARE NOT EMPLOYED, ENGAGED OR PARTNERED WITH DASHAWELLNESS. YOU USE SUCH THIRD PARTY RESOURCES, SERVICES AND PRODUCTS AT YOUR OWN AND SOLE RISK AND SHALL LOOK SOLELY TO THEM WITH REGARD TO THEIR INDEPENDENT SERVICES RENDERED.
TO THE EXTENT THAT DASHAWELLNESS LISTS A NAME OF A PROFESSIONAL OR ENTITY THAT YOU MAY WISH TO CONSULT AND SCHEDULES YOU WITH THEM, OR A PRODUCT YOU MAY WISH TO UTILIZE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH THIRD PARTY’S PROVISION OF SERVICES AND PRODUCTS ARE NEITHER THE RESPONSIBILITY NOR UNDER THE CONTROL OF DASHAWELLNESS, AND THAT SUCH DOES NOT CONSTITUTE AN ENDORSEMENT OR REPRESENTATION ABOUT THE QUALITY OF THEIR PRODUCTS, SERVICES, QUALIFICATIONS, CREDENTIALS OR EXPERIENCE — THE THIRD PARTY SERVICE AND PRODUCT PROVIDED IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY AND YOU SHALL LOOK SOLELY TO THEM FOR ANY REFUNDS, CLAIMS OF MALPRACTICE, INJURY OR OTHERWISE.
USE OF THE WEBSITE, FEATURES AND OTHER ITEMS, SERVICES AND PROVIDERS MADE AVAILABLE THROUGH OR VIA DASHAWELLNESS IS WITHOUT WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ALL WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, OR CUSTOM OF TRADE, AND NONINFRINGEMENT, OR OTHERWISE, AND DASHAWELLNESS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR SUCH USE, RESULTS OR RELIANCE.
WE DO NOT MAKE ANY REPRESENTATIONS, ASSURANCES, WARRANTIES OR GUARANTEES RELATED TO DASHAWELLNESS, THE THIRD PARTY INDEPENDENT CLIENT PROVIDERS/RESOURCES, OUR WEBSITE OR THE INFORMATION AND CONTENT THEREON OR COMMUNICATED OR PROVIDED BY THE THIRD PARTY INDEPENDENT CLIENT PROVIDERS AND RESOURCES OR DASHAWELLNESS FEATURES, INCLUDING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THAT INFORMATION. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. It is your responsibility to evaluate the information provided on the website and by third party independent client providers and listed resources, AND YOU USE SUCH THIRD PARTY RESOURCES, SERVICES AND PRODUCTS AT YOUR OWN AND SOLE RISK AND LOOK SOLELY TO THEM. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we strongly encourage you to confirm the information contained on our website with other sources before undertaking any course of action based on it. If you are a healthcare consumer, you should evaluate the information together with your physician and/or another qualified healthcare professional.
IN NO EVENT SHALL DASHAWELLNESS BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY LOSS OR INJURY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR OTHERWISE RESULTING FROM YOUR USE OF THIS WEBSITE AND ITS FEATURES AND THE THIRD PARTY INDEPENDENT CLIENT PROVIDERS/RESOURCES INCLUDING PRODUCTS. THE FOREGOING LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL ECONOMIC LOSS, PERSONAL INJURY, ILLNESS OR DEATH OR LOSS, LIABILITY OR DAMAGE OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DASHAWELLNESS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Without limiting the availability of protection under the prior provisions of this paragraph as available to greatest extent then-permitted by law and regulation, in no event shall DashaWellness’ aggregate liability to you, if ever determined, for all damages, losses, or causes of action collectively exceed one hundred dollars ($100.00). The foregoing limitations will survive and apply even if the above stated remedy or any other remedy specified in this agreement is found to fail of its essential purpose.
YOU SPECIFICALLY ACKNOWLEDGE THAT DASHAWELLNESS SHALL NOT BE LIABLE FOR ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY INCLUDING THE INDEPENDENT CLIENT PROVIDERS/RESOURCES (INCLUDING PRODUCTS) AND THAT THE RISK OF HARM OR DAMAGE FROM SERVICES RENDERED BY AND PRODUCTS PROVIDED BY ANY THIRD PARTY EVEN IF MARKETED, LISTED OR LINKED TO ON OUR WEBSITE/APP OR SCHEDULED VIA DASHAWELLNESS IS SOLELY YOUR OWN.
4. Links to Other Websites
DashaWellness may contain links to external websites (owned and operated by third parties) that are neither the responsibility nor under the control of DashaWellness. Similarly, this website may be accessed from third-party links over which DashaWellness has no control. DashaWellness cannot attest to the accuracy, reliability, currentness, timeliness or completeness of the information on any other website — the information provided is entirely the responsibility of the operator of the external website visited and DashaWellness shall have no liability for any losses, damages or injuries of any kind arising from such third party content or information. Further, DashaWellness does not endorse any content or information on such websites or any commercial products or services that might be advertised or sold on these external websites. In the event that any external website relates to the provision of medical, healthcare or related services and/or items – or any other product or service – a link to such third party website on DashaWellness does not constitute a recommendation by DashaWellness of the healthcare provider or supplier or an endorsement of or representation about the quality of their products, services, qualifications, credentials or experience.
YOU ASSUME THE SOLE RISK OF ACCESSING SUCH WEBSITES AND/OR PURCHASING OR OTHERWISE UTILIZING SUCH THIRD PARTY PRODUCTS AND/OR SERVICES.
5. Sponsorships and Advertising
6. Financial and/or Legal Information
Any and all financial or legal content available on our website, including but not limited to financial information, content or data and payor (insurance or Medicare, etc.) related information, legal information (including cases, statutes or regulations), summaries thereof or references thereto, editorial content and advertising, does not constitute investment or legal advice, nor is it an offer to buy or sell or a solicitation of an offer to buy or sell any security. SUCH INFORMATION IS PROVIDED FOR PERSONAL USE AND FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A DULY LICENSED FINANCIAL OR LEGAL PROFESSIONAL. For legal advice or decisions, always consult a licensed attorney. For investment advice or decisions, always consult an appropriate professional investment advisor and/or accountant. Financial or legal content that appears on our website does not indicate that DashaWellness endorses such content. In addition, DashaWellness makes no representation that financial or legal information is accurate, reliable, current, timely or complete.
7. Copyright Ownership; Notification of Possible Copyright or Other Infringement
You acknowledge and agree that DashaWellness consists of proprietary property of DashaWellness protected under United States copyright law, trademark law and other laws of general applicability. You further agree that all right, title and interest in and to DashaWellness are and shall remain with DashaWellness.
DashaWellness owns and/or licenses certain of the information and content on DashaWellness. All content on, as well as the design of, our website is protected under United States and international copyright laws. For information appearing on our website under license from a third party, all copyrights in that information remain with that third party. You may look at our website online, download individual articles to your personal or handheld computer for later reading, and even print a reasonable number of copies of pages for yourself, your family or friends. You must not remove any copyright notices from our materials. We reserve all of our ownership and other rights. You are prohibited from selling our copyrighted property, rewriting or modifying it, redistributing it, putting it on your own or other website, or using it in any other manner for any commercial purpose without our prior written permission.
DashaWellness owns the names we use for our products and services on our website, and these names are protected by United States and international trademark laws. All trademarks used on our website and downloadable materials, regardless of the presence or absence of the trademark symbol, are the property of their respective owners. You may use our trademarks for a non-infringing, non-commercial use, such as when discussing us with others, but you must not use our trademarks in a manner that misleads others as to ownership of those marks. Any other uses of our trademarks require our prior written approval.
The use or misuse of the trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that DashaWellness actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
DashaWellness respects the rights of all copyright holders. If a user or registrant believes that materials have been copied in a way that constitutes copyright infringement, please provide DashaWellness’ copyright agent with a notice of possible infringement required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512, as follows: The notice must identify the potentially infringing material with particularity, including a screenshot or link to such material where possible and/or other information reasonably sufficient to permit us to locate and identify the material. DashaWellness’ copyright agent for notice of claims of copyright infringement can be reached as follows: firstname.lastname@example.org Subject: Copyright (or Other) Infringement, with a copy by mail to 115 East 57th Street, Suite 520, New York, NY 10022, Attn: Chief Executive Officer.
8. Software, Databases and Other Products
We may make software and accompanying documentation available for viewing, downloading and/or printing from our website. These materials are the copyrighted work of DashaWellness or of the individuals or companies that have licensed the software, databases or other products to us (including any music). We do not transfer any ownership rights in software, databases or documentation to you when you download it from our website; rather, you are allowed to access the software, data and documentation under the terms of a revocable license agreement. You must read the license agreement that accompanies each product and indicate your agreement to those terms prior to downloading. You are not authorized to attempt to recreate or reverse engineer software. In addition, software available on our website may be subject to United States export controls. By downloading or using such software, you are representing to us that your download of such software complies with these controls.
9. Laws that Govern this Agreement
We operate the DashaWellness website from its offices within the State of New York in the United States of America. The website can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access the website may differ, by accessing the website both you and DashaWellness agree that the laws and regulations of the State of New York, without regard to choice of law or conflict of law principles, will apply to all matters relating to use of our website. Any legal action or proceeding related to this website shall be governed by the Dispute Resolution provisions below.
This website and its contents are intended to comply with the laws and regulations of the United States. Although the information on this website is accessible to users outside of the United States, the information on the website pertaining to DashaWellness information, services and products or other products and services is intended for use only by residents of the United States. Other countries may have laws, rules and regulatory requirements that differ from those in the United States. DashaWellness makes no representation that materials on its website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws. DashaWellness reserves the right to limit provision of our products or services to any person, entity, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made on this website is void where prohibited.
10. Dispute Resolution.
Mandatory arbitration. Please read this carefully. It affects user’s rights. You and DashaWellness and each of our legal representatives, heirs, estates, successors, and permitted assigns agree to arbitration (except for matters that may be taken to small claims court), as the exclusive form of dispute resolution except as provided for below, for all disputes and claims arising out of or relating to this agreement. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Please visit www.adr.org for more information about arbitration. No arbitration is required for equitable relief.
Commencing arbitration. A party seeking arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “notice”), or, in the absence of a mailing address provided by user, to user via any other method available to user, including via email and text message. The notice to DashaWellness should be addressed to email@example.com with a copy by mail to 115 East 57th Street, Suite 520, New York, NY 10022, Attn: Chief Executive Officer. The notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “demand”). If the claim is not resolved within 30 days after the notice is received, then user or DashaWellness may commence an arbitration proceeding as set forth below or file a claim in small claims court. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its commercial arbitration rules and the supplementary procedures for consumer related disputes (the “rules”), as modified by this agreement. The rules and AAA forms are available at www.adr.org.
Arbitration proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in New York County, New York will be appointed pursuant to the rules, as modified herein. The following rules will apply: (a) the arbitration will be conducted by telephone, online, or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No class actions. User may bring claims (including actions in equity) against the other party only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the arbitrator may not consolidate proceedings brought by user with more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then this entire mandatory arbitration section will be null and void at DashaWellness’ option.
Equitable relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which DashaWellness seeks equitable relief of any kind, which are cumulative and not exclusive of other rights and remedies at law and in equity and which will not require the posting of bond.
Claims. Notwithstanding any other rights a party may have under law or equity, any cause of action a user may have arising out of or related to this agreement must commence within one (1) year after the cause of action accrues. Otherwise, the cause of action is permanently barred.
Improperly filed claims. All claims user brings against DashaWellness must be resolved in accordance with this section. All claims filed or brought contrary to this section will be considered improperly filed. Should user file a claim contrary to this section, DashaWellness may recover attorneys’ fees and costs up to $5,000, provided that DashaWellness has notified user in writing of the improperly filed claim, and user has failed to promptly withdraw the claim.
Enforceability. If the arbitration provisions of this section or the entirety of this section (excluding this paragraph) is found to be unenforceable, then, at DashaWellness’ sole option, the entirety of this section will be null and void (excluding this paragraph) and, in which case, the exclusive jurisdiction and venue of New York County in the State of New York will govern any action arising out of or related to this agreement. Any other provisions of this agreement which are invalid in their entirety are severable.
Choice of forum. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, it will be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York and users hereby irrevocably submit to personal jurisdiction, and waive any defense of inconvenient forum.
11. Information for California Residents.
California residents have the right to request in writing from businesses with whom they have an established business relationship (1) a list of the categories of personal information, such as name, address, e-mail address and the type of services provided to that customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. You can request information by writing to us at: DashaWellness, Attn: Chief Executive Officer, 115 East 57th Street, Suite 520, New York, NY 10022. We will respond to such written requests within thirty (30) days following receipt at the mailing address above. We reserve the right not to respond to requests submitted other than to the address specified above or as otherwise exempted by law. Please note that we are required to respond to each customer only once per calendar year.
This agreement contains the sole and entire agreement between the parties with respect to the use of DashaWellness including its listed or client third party healthcare providers and listed third party resources and supersedes any and all other prior written or oral agreements between us. User may not assign user’s account or this agreement to anyone without the express written consent of DashaWellness. DashaWellness may assign DashaWellness’ rights and obligations under this agreement. Captions contained in this agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this agreement or the intent of any provision of this agreement. It is the intent of the parties that neither this agreement, nor any covenant in this agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. If any provision of this agreement shall be held invalid or unenforceable by any arbitrator or court of competent jurisdiction or as a result of future legislative action or otherwise, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this agreement. All provisions of this agreement which by their nature should survive termination of this agreement shall survive such termination including, but not limited to, intellectual property ownership provisions, warranty disclaimers, and limitations of liability. Users shall not at any time, including after account or use/access cancellation, disparage, impugn or otherwise deprecate the business, functionality, services, products, software or reputation of DashaWellness. The parties acknowledge and agree that this agreement shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all parties to this agreement. Whenever the words “include,” “includes,” or “including” are used in this agreement, they shall be deemed to be followed by the words “without limitation.” The parties shall take all such actions and execute all such documents that may be necessary or desirable to carry out the purposes of this agreement whether or not specifically provided for in this agreement. All provisions of this agreement which by their express terms or reasonable implication must survive to be effectuated shall so be deemed to survive.
Last updated date: December 1, 2016