TERMS OF USE
Effective: February 17, 2021
Introduction
These terms of use (“Terms of Use”) are between you, a user of any portion of the Platform (“you” or “your”) and Immobilizer LLC d/b/a Easily (“Easily,” “our,” “we,” or “us”). These Terms of Use govern your interaction with our online interfaces and properties, which may include (i) our mobile application (“App”); (ii) our website located at https://EasilyHealthcare.com/ (the “Website”) and (iii) a Registered User-only website available through the Website (the “Portal”) (collectively, the “Platform”). “Registered Users” are eligible individuals who have completed the registration process for Portal access. Your compliance with these Terms of Use is a condition to your use of the Platform. If you do not agree to be bound by the Terms of Use, promptly exit the Platform.
By using or accessing our Platform, you also acknowledge that you: have read and understood these Terms of Use; are at least eighteen (18) years old and have the legal authority to accept these Terms of Use, or have the consent of your parent or guardian; and agree to be legally bound by the Terms of Use. You should review these Terms of Use periodically as they may be revised from time to time. Please also consult our Privacy Policy which is located at Privacy Policy section of Easily website incorporated into these Terms of Use by this reference, for a description of our privacy practices and policies, including how we collect and handle your personal health information and financial information. Your use of the Platform is also subject to our current Privacy Policy.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
The Platform provides you access to certain telehealth services and consultations (“Services”) provided by Providers. Such Services will be governed by arrangements between you and the particular Provider. “Providers” means physicians, healthcare providers and any other professionals licensed to practice in your state that provide the Services through the Platform. Easily does not provide any Services itself. The Providers are independent of Easily and use the Platform as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from Easily.
By utilizing the Services, you are asserting that you believe you have allergies to airborne allergens based on past or current symptoms you experience, you would like to be tested for these allergens, and you wish to learn whether or not you are a good candidate for desensitization using Easily™ allergy toothpaste. Your interactions with the Providers via the Services are not intended to take the place of your relationship with your regular health care practitioners. Neither Easily, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Services, shall be liable for any professional advice obtained from a Provider via the Services or for any other information obtained through the Platform. Easily does not endorse any specific tests, physicians, medications, products or procedures that are recommended by Providers that may use Easily to communicate with you. You acknowledge that your reliance on any Provider or information provided by the Providers via the Services is solely at your own risk and you assume full responsibility for all risk associated herewith.
Easily does not make any representations or warranties about the training or skill of any Providers who provide the Services. You will be provided with a list of available Providers located in your particular state within the United States based solely on the information you provide to Easily. You are ultimately responsible for choosing your particular healthcare provider.
Ownership of the Platform and Content
The Platform, including content included with and/or displayed on the Platform, including the text, graphics, logos, button icons, images, video and audio clips, digital downloads, data compilations and software, (collectively, “Content”), is the property of Easily, the Providers or our or their respective affiliates or vendors and is protected under applicable United States and international patent, copyright, trademark and other intellectual property laws. The compilation of all Content on the Platform, as well as the original arrangement, organization, design, formatting, trade dress, look and feel of the Platform is also the exclusive property of Easily, the Providers or our or their respective affiliates or vendors and is also protected by United States and international intellectual property laws. The Platform may contain various third-party names and marks that are the property of their respective owners. Any unauthorized use of our intellectual property, including, without limitation, our marks, our copyrighted material, and our trade dress, is strictly prohibited and may be prosecuted to the fullest extent that the law provides.
License and Access
We hereby grant you a limited, nonexclusive, revocable, non-assignable, nontransferable authorization to view and use the Platform and any Content contained on the Platform solely for your own personal or internal use, provided that it is used for informational and non-commercial purposes only. The use of the Platform or any Content for commercial purposes is expressly prohibited. Nothing in these Terms of Use is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of Easily or any third party, except as expressly provided in these Terms of Use. You agree not to remove, obscure, or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of the Content. All rights not otherwise expressly granted by these Terms of Use are reserved by us.
No Medical Advice
The Platform should never be used for urgent health care matters. If you are experiencing an urgent health matter or otherwise need immediate attention, call 911.
The Content made available to you on the Platform is to be used for informational purposes only and to provide you access to the Services. We do not warrant or guarantee the accuracy, completeness, adequacy, or currency of the Content, nor do we endorse any views or opinions that may be included in the Content or other information available through the Platform.
THE CONTENT OF THE PLATFORM, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION PROVIDED BY EASILY OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY EASILY IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND EASILY AS DEFINED BY STATE AND FEDERAL LAW. THE PLATFORM IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY EASILY, ITS CONTENT PROVIDERS, MEDICAL EXPERTS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK. WHILE EASILY FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH PROVIDERS, EASILY DOES NOT PROVIDE MEDICAL SERVICES AND THE PROVIDER-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE PROVIDER YOU SELECT. ALL PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE SITE ARE INDEPENDENT PROVIDERS.
Only the Content received directly from a Provider in the context of the Services should be considered medical advice. You may receive Content from Providers through use of the Platform. When you are in personal contact with a Provider during the Services, you agree to personally notify the Provider of any information you believe to be important to your diagnosis or treatment. Any medical advice provided to you by Providers through the Platform is based on your personal health data as provided by you and the local standards of care for your presenting symptoms based on use of the Platform.
User Restrictions
You agree to use the Platform only for the purposes that are permitted by these Terms of Use. You may not use the Platform if you are a person prohibited by the laws of the United States of America or any other country from receiving the Services via the Platform. If you are under 18, you may use the Platform only with involvement of a parent or guardian. If you create a Registered User account for the Portal, you agree to complete the registration process by providing current, complete, and accurate information as required by Easily. You are responsible for all activities that occur under your account. In the event access to the Platform or the Portal or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Easily. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by Easily at any time with or without cause. We may also terminate or suspend your access to all or part of the Platform, without notice, for any conduct that we, in our sole discretion, believe is disruptive to the Platform (or other users) or is in violation of any applicable law or these Terms of Use.
By using and accessing the Platform, you acknowledge and agree that you must NOT:
use the Platform for any illegal or unauthorized purpose, including using the Platform in a manner that intentionally or unintentionally violates any applicable local, state, national or international law, or for any purpose that infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
use the Platform for any purpose that may be deemed by us to be threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy (including stalking), tortious, explicit or graphic descriptions or accounts of sexual acts (including sexual language of a violent or threatening nature directed at another individual or group of individuals) or otherwise in violation of these Terms of Use or the Privacy Policy;
use the Platform for any purpose that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or use the Platform to harm or exploit minors in any way;
engage in any activity or use any device, software, or routine that interferes with or disrupts the Platform (or the servers and networks which are connected to the Platform), or a user’s access to the Platform, or the Platform’s operations, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature, or by injecting content or code or otherwise alter or interfere with the way any part of the Platform is rendered or displayed in a user’s browser or device;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform;
impersonate any person or entity, including any employee or representative of us or otherwise misrepresents your affiliation with a person or entity;
modify, copy, sell, resell, rent, lease, loan, sublicense, redistribute, or create any derivative work of, any portion of the Platform, including any services included on the Platform;
use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass, circumvent, disable or otherwise interfere with our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform or copying of any Content or enforce limitations on use of the Platform and the Content on the Platform;
collect or store personal data about other users or use another user’s account without permission, or solicit, collect or use the login credentials of other users, or provide false or misleading information during registration process for accessing Protected Areas;
sell, transfer, license or assign your user account, username, or any account rights, if any, to any third party; or
use the Platform for any purpose that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation or any form of lottery or gambling.
User Content and Feedback
You acknowledge that the Platform may contain Content provided by us or by third parties that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or later developed. Content posted or provided by Registered Users and other users of the Platform via the Platform (collectively, “User Content”) is the intellectual property of the specific users of the Platform who post such User Content. By your submission, posting or delivering of User Content to us, you hereby grant to us a transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works and compilations incorporating your User Content. We do not generally monitor or otherwise remove User Content after it is posted on the Platform, except as required or permitted by law or otherwise in our sole discretion. We reserve the right to remove any and all material that we feel is actually or potentially inappropriate, offensive, illegal or harmful in any respect or which may violate these Terms of Use. We are not responsible for the timeliness, deletion, mis-delivery or failure to store any User Content. We do not make any warranties or representations regarding any of the User Content. We do not approve, endorse, sanction, encourage, verify or agree with any message, profile, or other content posted by our users or otherwise embodied in the Content. You understand and agree that any User Content you submit may be viewed by other users of the Platform, except for information that a Registered User provides through the Platform when receiving Services, which shall be subject to the relevant Provider’s notice of privacy practices.
In addition, should you send us postings, feedback, or data about our Platform, use of our Platform, or the Services, such as ideas, comments, suggestions, or questions, (collectively, “Feedback”), such Feedback will not be given confidential treatment. By sending us any Feedback, you agreed to assign and you hereby assign such Feedback (along with any underlying or related ideas, concepts, techniques and know-how) to Easily without charge. You further agree to take all acts reasonably requested by Easily to confirm Easily’s ownership of such items. As the sole and exclusive owner of such Feedback, Easily will be free to reproduce, copy, use, disclose and distribute the information to others including without limitation incorporating your postings, feedback or data (and any underlying or related ideas, concepts, techniques and know-how) into any Easily product or service or the Platform without any obligation or compensation to you of any kind.
Some areas of the Platform and some Content or User Content may contain material that is inappropriate for minors. We are not and will not be liable for any Content or User Content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable.
Third Party Websites
The Platform may contain links to, or be accessed through links on, websites managed and operated by or on behalf of independent third-party entities, who are not a part of Easily or agents of Easily. We do not have control over such third-party websites or the content of such websites. As a result, we do not have responsibility for the information, misinformation, errors, availability, operation or performance of any such third-party website.
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by us. Any views expressed by third parties on the Platform are solely the views of such third party and we assume no responsibility for the accuracy or veracity of any statement made by such third party.
It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to the Platform, you do this entirely at your own risk. You agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use of or your reliance on any of these third party’s presentations, content, goods or services made available through the third party site or resource.
Termination
We may, in our sole discretion terminate or suspend your account access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use or nonpayment. You can terminate your online account by emailing us at info@easilyhealthcare.com. Upon termination of your account access, we may delete and deactivate all data and Content in your account.
Disclaimers
The Platform may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. Easily cannot predict or control when such downtime may occur and cannot control the duration of such downtime. Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by Easily on the Platform, but Easily is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors. Information and related materials are subject to change without notice. As a result, Easily cannot and does not have any liability for such failures or errors.
THE PLATFORM, THE CONTENT, AND ALL INFORMATION, SERVICES AND RELATED MATERIALS IT CONTAINS ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” EASILY AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY OF, OR THE SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE PLATFORM, THE SERVICES, OR THE INFORMATION OR MATERIALS IT CONTAINS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EASILY AND ITS RESPECTIVE AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE CONTENT, THE SERVICES, AND THE INFORMATION AND MATERIALS CONTAINED ON THE PLATFORM, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.
IN ADDITION, USE OF THE INTERNET IS INHERENTLY UNRELIABLE AND UNSECURE. THE INTERNET IS SUBJECT TO OUTAGES, COMMUNICATION AND DATA FLOW FAILURES, INTERRUPTIONS AND DELAYS INHERENT IN INTERNET COMMUNICATIONS. YOU RECOGNIZE THAT PROBLEMS WITH THE INTERNET, INCLUDING EQUIPMENT, SOFTWARE AND NETWORK FAILURES, IMPAIRMENTS OR CONGESTION OR THE CONFIGURATION OF YOUR COMPUTER SYSTEMS, MAY PREVENT, INTERRUPT OR DELAY YOUR ACCESS TO THE PLATFORM. EASILY AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DELAYS, INTERRUPTIONS, SUSPENSIONS OR UNAVAILABILITY OF THE PLATFORM, OR ANY PORTION OF THE PLATFORM, ATTRIBUTABLE TO PROBLEMS WITH THE INTERNET OR CONFIGURATION OF YOUR COMPUTER SYSTEMS. THERE IS NO WARRANTY OR GUARANTEE THAT ACCESS OR USE OF THE PLATFORM OR ACCESS TO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
NO ADVICE OR INFORMATION FROM EASILY IN ANY MANNER WILL CREATE ANY WARRANTY AS TO THE PLATFORM OR ANY PRODUCT, SERVICE OR MATERIAL AVAILABLE THROUGH THE PLATFORM. IF FOR ANY REASON YOU ARE NOT SATISFIED WITH THE PLATFORM OR ITS CONTENT, YOUR SOLE REMEDY IS TO CEASE USING THE PLATFORM OR SUCH CONTENT, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE. EASILY AND ITS AFFILIATES DO NOT MAKE ANY WARRANTY OR REPRESENTATION REGARDING (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, (B) ANY CONTENT OBTAINED FROM THE PLATFORM OR (C) THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED FROM THE PLATFORM.
WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS OR CREDENTIALS, EXPERTISE OR QUALITY OF WORK OF ANY PROVIDER. WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL PROVIDER ACCESSIBLE THROUGH THE PLATFORM; ANY SPECIFIC TESTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY APPEAR THROUGH THE PLATFORM; OR THAT ANY PARTICULAR DRUG OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. WE SPECIFICALLY DISCLAIM ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY PROVIDER PROVIDING MEDICAL CARE OR ADVICE (INCLUDING BUT NOT LIMITED TO PRESCRIBING EASILY™ ALLERGY TOOTHPASTE) THROUGH THE PLATFORM. ANY PRESCRIPTION IS PRESCRIBED SOLELY AT THE DISCRETION OF THE PROVIDER IN THE CONTEXT OF THE PATIENT-PROVIDER RELATIONSHIP AND IS FILLED BY AN INDEPENDENT PHARMACIST. WE DO NOT GUARANTEE THAT ANY PROVIDER HAS READ, RECEIVED, REVIEWED OR UNDERSTOOD ANY PERSONAL HEALTH INFORMATION WHICH MAY BE PROVIDED BY YOU OR PERTAIN TO YOU.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT WILL EASILY, THE PROVIDERS, OR ANY OF OUR OR THEIR RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO (I) THE PLATFORM, (II) THE USE OR PERFORMANCE OF THE PLATFORM OR ANY LINKED WEBSITE OR ANY CONTENT OR OTHER MATERIAL OR INFORMATION OBTAINED THROUGH THE PLATFORM, OR (III) OTHERWISE ARISING OUT OF THE SERVICES OR THE USE OR THE INABILITY TO USE THE PLATFORM, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EASILY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE PLATFORM. NOTWITHSTANDING THE FOREGOING, IN ANY EVENT, THE AGGREGATE LIABILITY OF EASILY, THE PROVIDERS AND OUR OR THEIR AFFILIATES AND VENDORS, FOR ANY REASON, SHALL NOT EXCEED $100.00 U.S. DOLLARS, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ALL SERVICES ARE PROVIDED BY THE PROVIDERS PURSUANT TO THE PROVIDER’S TERMS OF SERVICE AND EASILY HAS NO RESPONSIBILITY OR LIABILITY FOR THE PERFORMANCE OF THOSE SERVICES BY THE PROVIDERS.
Indemnification
To the extent allowed by law, you agree to indemnify and hold harmless Easily, its affiliates, officers, directors, representatives, employees, consultants, and agents from and against any claims, allegations, damages, losses, liabilities or expenses (including attorneys’ fees) that such party may suffer or incur as a result of (i) your use or misuse of the Platform, (ii) your infringement of any intellectual property, invasion of privacy, or other right of Easily or any third party, (iii) your violation of any applicable law, or (iv) your breach of these Terms of Use.
Disputes Resolution
These Terms of Use (including without limitation the validity, construction and performance of duties related to the Terms of Use) are governed by and construed in accordance with the laws of the United States of America and the laws of the State of New York without giving effect to any principles of conflicts of laws. Venue with respect to any dispute (not subject to arbitration as provided below) between you and Easily will rest exclusively in the state or federal courts located in New York.
You shall first contact us at Easily, 20 W. 125th St., Unit #1, New York, NY 10027 or at info@easilyhealthcare.com regarding any claim or controversy arising out of or relating to these Terms of Use, or any breach thereof, or the use of the Platform, except such claims or controversies for which injunctive relief is available. Any dispute that cannot be resolved by mediation within 30 days shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The AAA Rules are available online at adr.org. You agree that, by accepting these Terms of Use, you and Easily are each waiving the right to a trial by jury or to participate in a class action. These Terms of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.
Unless you and Easily agree otherwise, any arbitration hearings will take place in New York, New York. If the claim or controversy is for $10,000 or less, Easily agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator(s), through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If the claim or controversy exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the award of the arbitrator(s) shall be accompanied by a statement of the reasons upon which the award is based.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Copyright and Copyright Notices
We respect the intellectual property of others, and we ask our users to do the same. We will promptly review and remove Content from the Platform if properly notified that the materials infringe a third party’s copyright. In addition, we may, in appropriate circumstances, terminate the accounts of repeat copyright infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the website sufficient to allow us to locate the allegedly infringing material;
your name and contact information (including address, telephone number and e-mail address);
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact our Copyright Agent for Notice of Claims of copyright infringement at:
Easily
c/o Andrew Abramowitz
Andrew Abramowitz, PLLC
565 Fifth Avenue, 9th Floor
New York, NY 10017
P: (212) 972-8882
F: (212) 972-8883
aa@aalegalnyc.com
Entire Agreement
These Terms of Use constitute the entire agreement between you and us with respect to the subject matter hereof, and, supersede all prior and contemporaneous agreements and understandings, whether written or oral, concerning the subject matter hereof. Any conflicting or supplementary terms and conditions to these Terms of Use proposed by you in any e-mail or other communication shall not be binding on us, and are hereby objected to and expressly rejected.
Modifications to These Terms of Use
We reserve the right to modify these Terms of Use at any time, effective upon posting. Any use of the Platform after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access the Platform so that you may be aware of any changes to these Terms of Use.
Severability
If any portion of these Terms of Use is held invalid or unenforceable under applicable law, that portion shall be construed in a manner consistent with applicable law to accomplish, as nearly as possible, the objective thereof, or severed from the document if and solely to the limited extent such construction is not possible, and the remaining portion of these Terms and the Privacy Policy shall remain in full force and effect.
Miscellaneous
No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms of Use or your use of the Platform or the Content. We make no representation that Content or Services included within the Platform are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. The words “include”, “including”, and all other forms of “include” are deemed to be followed by “without limitation.” Our failure to enforce any provision of these Terms of Use will not be deemed a waiver of that or any other provision of these Terms of Use. These Terms of Use are written in the English language. If these Terms of Use are translated into another language, the English language text prevails.
Contact Us
If you have any questions about these Terms of Use, please write to us by mail at Easily 20 W. 125th Street, Unit #1, New York, NY 10027 or email us at info@easilyhealthcare.com or call us at 424-327-4590.
Required Notifications
Texas
NOTICE CONCERNING COMPLAINTS, Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation at the following address: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Assistance in filing a complaint is available by calling the following telephone number: 1-800-201-9353, For more information, please visit our website at www.tmb.state.tx.us.
AVISO SOBRE LAS QUEJAS, Las quejas sobre médicos, asi como sobre otros profesionales acreditados e inscritos del Consejo Médico de Tejas, incluyendo asistentes de médicos, practicantes de acupuntura y asistentes de cirugia, se pueden presentar en la siguiente dirección para ser investigadas: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Si necesita ayuda para presentar una queja, llame al: 1-800-201-9353, Para obtener más información, visite nuestro sitio web en www.tmb.state.tx.us.