Terms of service

 

Nature of Content:

The purpose behind Ayu.Care’s (“Company”) programs is to provide clients a generalized health education and advocacy program that empowers, teaches, and educates clients to improve various aspects of their lifestyle, mood, diet, fitness and sleep. The Website and/or Application content and coaching program is educational and informational in nature and is provided only as general information and is not medical, psychological or nutritional advice, opinion, diagnosis, treatment or guarantee. Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material. You may discover there are other methods and materials to accomplish the same end result.

The program’s content and coaching service is not intended to create and does not constitute any professional relationship between Company (or any of its officers, directors, trustees, employees, coaches, consultants, independent contractors, bloggers, experts, agents, volunteers, affiliates, or agents) and you, and does not create any doctor-patient or any other professional relationship, including a nutritional or dietician relationship, with any of the Company’s independent contractors, experts, coaches, employees, consultants, or agents. The content is not intended to solicit clients or patients; and should not be relied upon as medical, psychological, or other professional advice of any kind or nature whatsoever. Even if those providing information via the coaching program or website display professional licensure or other credentials in the healing arts, or cite clinical trials or other medical literature, they are limited to providing information, support, encouragement, guidance and education, and are not providing any clinical service via the Website or Application. The information provided through the Website or Application and coaching service should not be used for diagnosing or treating a health problem or disease. The information contained in these communications is not comprehensive and does not include all the potential information regarding the subject matter, but rather, is merely intended to serve as one resource for general and educational purposes You should consult your physician or other health care professional before starting this or any other program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.

Information Regarding Dietary Supplements: Information and statements when referencing dietary and other health care supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. If you choose to take supplements, you should read carefully all product packaging prior to use and consult with your health care professionals.

Company Is Not Acting As A Medical Provider and Does Not Provide Medical Advice: Any and all content stated or posted on the Website/Application or available through the coaching service or product is not intended to be, and must not be taken to be, the practice of medicine, psychology, chiropractic, or the provision of medical, psychological/mental health, or nutritional or chiropractic care or any other professional healthcare. The information provided on this

Website/Application or through the coaching service is not a substitute for medical diagnosis, advice, or treatment, or other professional healthcare. If you have or suspect you may have a medical or psychological problem, you should consult your medical doctor or psychologist or appropriate healthcare provider. If you think you have a medical emergency, call 911 immediately. Never disregard or delay medical advice received from your licensed healthcare provider based on information on the Website. Always consult your physician, psychologist, or licensed healthcare provider before seeking any new treatment, or before you alter, suspend, or initiate any change in your medical or psychological treatment, medication or herbal supplement, routine, or procedure.

We do not guarantee that any person’s use of the Website/Application or coaching service is the appropriate course of treatment for any individual’s particular health care problem. Communications on or through the Website/Application do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections.

If you are in crisis, reach out for help to a crisis help line. A list of crisis help lines and service providers can be found by doing a search in your online search engine, or contact any of the organizations listed below: National Suicide Hotline 800-273-TALK (800-273- 8255); National Domestic Violence Hotline 800-799-SAFE (800-799-7233); National Child Abuse Hotline 800-4-A-CHILD (800-422-4453). While we provide online services, we do not have a 24-hour hotline for medical or psychological emergencies; nor do we handle requests in crisis situations, such as if you are feeling suicidal or in need of immediate assistance due to emotional crisis.

If you are in crisis, contact one of the above organizations or another resource of your choice. If you need help finding mental health services and support in your community, contact an appropriate organization, such as for example: National Mental Health Association Information Center: nmha.org.


Company is only providing informational and educational self-help resources to you.

Testimonials and Endorsements: Consumers generally may not be expected to achieve the same or similar results as others who have used our services and who have subsequently written or recorded video testimonials and endorsements. We post testimonials for informational purposes only; we do not claim that anyone will experience the same or similar results as mentioned in these writings or videos. Nor do we claim that a significant number of consumers may obtain similar results.


Results experienced by any one individual who has written a testimonial or endorsement or provided a video testimonial, is not necessarily what any given consumer should expect to experience. Any information that could be regarded as a testimonial or endorsement on the Website does not constitute a guarantee, warranty, or prediction by us regarding the outcome of any past, ongoing, or future conversation or interaction with you.


No Credentialing: To the extent the Website/Application or program lists other consultants, licensed medical practitioners, or coaches that operate in a capacity other than coaching with Company, (“Practitioners”), we are merely a directory and do not certify or credential Practitioners and shall not be liable for certifying or credentialing Practitioners. We make no representations or warranties about any Practitioner, nor do we have any responsibility over, or for supervising, any outside clinical practice such Practitioner may operate. We do not screen, perform background checks, confirm the qualifications, evaluate, or endorse any Practitioner. The inclusion of a list of Practitioners on the Website/Application does not imply recommendation, referral or endorsement of such Practitioner nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Practitioner contained therein; nor do we offer any guarantee, testimonial, endorsement, or validation of credentials of or services provided by the same.

We may receive a fee from Practitioners for use of our platform and technology and various other services. However, this does not imply endorsement of a particular Practitioner.

We will not be liable for claims for negligent credentialing or negligent supervision of, or for negligence by, any such Practitioner. Any opinions, advice, or information expressed by any person are those of that person and do not reflect our opinions. We do not recommend or endorse any Practitioner that may be mentioned on the Website/Application. We do not make any treatment decisions.

You understand that it is your responsibility to check the certification and/or licensing of any healthcare practitioner involved in your care. Our role is strictly limited to providing access to information for your consideration. You assume all risk of pursuing any course of action following receipt of information by any party. While we make efforts to verify that Practitioners have the background that they claim they have, we cannot warrant or guarantee their accuracy. We are not liable for any loss or damages caused by your reliance on any Website/Application Content including Practitioner profiles.

Acceptance:
It is important that you read all the following terms and conditions carefully. This Terms of Use Agreement (“Agreement”) is a legal agreement between you, Ayu.Care, and the operator (“Owner”) of this Website (the “Website”). It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and code (the “Content”). By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website. Ayu.Care may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.

Medical emergency:
DO NOT use the Website for medical emergencies. If you have a medical emergency, call a Doctor, qualified healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Website.

General information is not medical advice
The general information provided on the Website is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore. Always seek the advice of your Doctor or other qualified health provider properly licensed to practice medicine or general health care in your jurisdiction concerning any questions you may have regarding any information obtained from this Website and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Always consult with your Doctor or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained on the Website is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment. Any testimonials regarding outcomes or client experiences are opinions and should not be used in lieu of professional medical advice.

No provider-patient relationship:
The presentation of general information on the Website does not establish a provider-patient relationship between you and Ayu.Care (or any of its providers) and is not intended as a solicitation of individuals to become patients or clients of Ayu.Care (or any of its providers). This section does not apply to the extent that you are using the website to communicate with a provider with whom you have an existing provider-client relationship.

No endorsements:
Unless specifically stated, Ayu.Care does not recommend or endorse any specific brand of products, services, procedures, or other information that appears or that may be advertised on the Website.

Healthie patient portal services
If you are an existing client, the website may allow you to communicate with Ayu.Care and your provider(s) by email or by some other electronic means. Communications sent by you to Ayu.Care or your provider, or to you by Ayu.Care or your provider via email or this Website may not be secure and may be accessible by third parties. Any use or disclosure of personal information provided by you shall be in accordance with our privacy policy. Ayu.Care may issue to you a username (“Username”) and a password (“Password”) to permit you to access the patient portal portion of the Website. You are solely responsible for the confidentiality and use of your Username and Password.

Email communication with the public
Ayu.Care does not wish to use this Website as a means of communication with the public (i) regarding questions or issues of a medical nature; (ii) to establish provider-client relationships; Email communications regarding such matters should be directed to co-ordinator@ayu.care. If you are not an existing client and you wish to contact Ayu.Care, it’s representatives, or it’s  providers regarding medical questions or issues  with regard to appointments, accounts, or other questions, please do so by telephone, or regular mail in the manner set out in the Website.

Disclaimer of warranties
The Website and the Content are provided “AS IS” and “AS AVAILABLE.” While Ayu.Care endeavours to provide information that is correct, accurate, current, and timely, Ayu.Care makes no representations, warranties, or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty, or covenant that (i) the Content contained in or made available through the Website or any item(s) made available on or through the Website will be of merchantable quality and/or fit for a particular purpose; (ii) the Website or Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (iii) that the operation of the Website will be uninterrupted or error-free; (iv) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected; (v) that the Website will be free from viruses or harmful components; and (vi) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability.

Limitation of liability
In no event shall Ayu.Care, its providers, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Website or the Content, or your inability to use the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Ayu.Care knew of or ought to have known of the possibility of such damages. Ayu.Care also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Website, or any advertiser or sponsor of the Website (“third-party”). Under no circumstances shall Ayu.Care, its providers, officers, directors, employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any Website linked to or from the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Ayu.Care knew of or ought to have known of the possibility of such damages.

Indemnity
You agree to indemnify, defend, and hold harmless Ayu.Care and its providers, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Website, the Content, or any Website to which the Website is or may be linked to from time to time or; (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website.

Use of the Website
Ayu.Care authorizes you to access and use the Website for your personal noncommercial use in the United States of America in accordance with the terms and conditions of this Agreement. You acknowledge and agree that the Website, and its contents, are intended only for residents of the United States of America.

Copyright
The Content is protected by copyright law and is owned by Ayu.Care and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of Ayu.Care.

Limited license
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non- transferable, and nonexclusive license to access, view, and use the Website and the Content for your personal, non-commercial use. You are granted the right to download, store, and/or print single copies of items comprising the Content for your personal, noncommercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. In the event of a conflict between the terms of a license governing specific Content and this Agreement, the terms of the specific license shall govern.

Trademarks
[List trademark(s)] is/are trademarks of Ayu.Care. Other names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on the Website may constitute registered or unregistered trademarks of Ayu.Care or third parties. While certain trademarks of third parties may be used by Ayu.Care under license, the display of third-party trademarks on the Website should not be taken to imply any relationship or license between Ayu.Care and Ayu.Care of the trademark or to imply that Ayu.Care endorses the wares, services, or business of Ayu.Care of the said trademark.

Linking
The Website contains links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by Ayu.Care of any third-party Website or the content thereof. Unless expressly stated, Ayu.Care does not operate any third-party Website linked to the Website and is not responsible for the content of any third-party Website, nor does it make any representation, warranty, or covenant of any kind regarding any third-party Website including, without limitation, (i) any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party Websites; (ii) any representation, warranty, or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party Websites or material, content, software, goods, or services located at or made available through such third-party Websites; or (iii) any representation, warranty, or covenant that the operation of such third-party Websites will be uninterrupted or error free, that defects or errors in such third-party Websites will be corrected, or that such third-party Websites will be free from viruses or other harmful components. While Ayu.Care encourages links to the Website, it does not wish to be linked to or from any third-party Website which contains, posts, or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, provincial, territorial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility, or integrity of Ayu.Care; or (ii) any Website which contains, posts, or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights. Ayu.Care reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of Ayu.Care.

Submissions
The Website may provide features which allow you to post messages and content to designated areas on the Website, to participate in chat groups, to interact with Ayu.Care and other users and to upload files, documents, or other materials (“Submission(s)”). Submissions do not include communications between you and your provider pursuant to the provider- client relationship. Ayu.Care does not control the content of any submissions and has no obligation to monitor the submissions. However, Ayu.Care reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to post, or refuse to remove any Submission, in whole or in part, that, in Ayu.Care’s sole discretion, are objectionable or in violation of this Agreement. You acknowledge that you alone are responsible for the content of your submissions and the consequences thereof.

Rules of conduct regarding Submissions
When using any of the features of the Website which allow you to post, upload, or make Submissions, it is a condition of your use of the Website that you do not:
1. Restrict or inhibit any other user from using and enjoying the Website, interfere or attempt to interfere with the proper workings of the Website, or do anything, which in the sole discretion of Ayu.Care, imposes an unreasonable or disproportionately large load on the Website infrastructure;
2. Post or transmit any unlawful, abusive, defamatory, or obscene information of any kind, including, without limitation, any submission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, territorial, national, or international law or regulation;
3. Post or transmit any Submission, including, without limitation, articles, images, stories, software, or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from Ayu.Care or rights holder;
4. Post or transmit any submission which contains a virus or other harmful component;
5. Post or transmit “junk mail,” “chain letters,” unsolicited mass mailing, or “spam”; and
6. Use or “mine” the Website for commercial purposes, including, without limitation, posting, uploading, or transmitting any submission which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising, and pyramid schemes.

Grant of license regarding Submissions
By posting or uploading Submissions to the Website, you grant Ayu.Care a royalty-free, perpetual, non- exclusive, irrevocable, unrestricted, worldwide license to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform, or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) waive all moral rights in your Submission in favour of Ayu.Care; (ii) consent to your name, address, and e-mail appearing as the contributor of your submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submission; (iii) acknowledge and agree that Ayu.Care is not responsible for any loss, damage, or corruption that may occur to your Submission; and (iv) acknowledge and agree that your Submission will be non-confidential.

Registration
To use certain features of the Website, you may be asked to create an account with the Website. When you register with the Website, you agree (i) to provide true, accurate, current, and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information to ensure it remains true, accurate, current, and complete. If Ayu.Care has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ayu.Care has the right to suspend or terminate your access to all or part of the Website. Ayu.Care’s use of any personally identifying information you provide as part of the registration process is governed by the terms of our Privacy Policy.

Passwords
You are responsible for maintaining the confidentiality of the Password you use in association with your account and are responsible for all activities that occur under your Username and Password. You agree to notify Ayu.Care immediately of any unauthorized use of your Password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Ayu.Care will not be liable for any loss or damage arising from Ayu.Care’s failure or your failure to protect your Password or account information.

Software license and ownership
All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (“Software”) is protected by copyright and may be protected by other rights. All such Software is owned by Ayu.Care, its licensors, or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to (i) the terms and conditions of this Agreement; and (ii) any additional conditions which may be imposed on your access and use of such Software. If the Website provides Software for download, unless otherwise provided, you are hereby granted, subject to the terms of this Agreement and to any other specific terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run, and make reasonable backup copies as allowed by law. Except to the extent expressly permitted in this Agreement, you may not (i) use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part; (ii) sell, rent, lease, license, transfer, or otherwise provide access to the Software; (iii) alter, remove, or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so. Other than the limited license granted herein, nothing contained in the Website shall be construed as granting you any right, title, interest, or other license in or to any Software embedded or integrated into the Website or made available for download from the Website, including, but not limited, to any intellectual property rights in the Software. All Software embedded or integrated into the Website is provided “as is,” without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality and/or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; Page 6 or (v) that the Software shall process date and time-related data without causing any processing interruptions, abnormal termination, or process or manipulate any time-related data.

Tools
Any tools or calculators provided on the Website are provided for general and illustrative purposes only. Such tools and/ or calculators are not medical advice nor are they intended to be a substitute therefor. You should not act or abstain from acting based on any information provided by any such tool or calculator available on this Website.

Security
Any information sent or received over the Internet is generally not secure. Ayu.Care cannot guarantee the security or confidentiality of any communication to or from the Website.

Modification to Website
Ayu.Care reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof ) with or without notice to you. Ayu.Care shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Website or any part thereof.

Use prohibited where contrary to law
Use of this Website is unauthorized in any jurisdiction where the Website or any of the Content may violate any laws or regulations. You agree not to access or use the Website in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.

Governing law and jurisdiction
The Website is operated by Ayu.Care from its offices within the state of California, USA. You agree that all matters relating to your access or use of the Website and its Content shall be governed by the laws of the state of California and the laws of the United States of America applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of thethe state of California with respect to all matters relating to your access and use of the Website and the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the the state of California.

Waiver
Any consent by Ayu.Care to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.

Severability
The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.

Notice
Questions or comments regarding the Website should be directed by email to co-ordinator@ayu.care

Termination
Ayu.Care may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website, or the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. Ayu.Care shall not be liable to any party for such termination.

Entire Agreement
This is the entire Agreement between you and Ayu.Care relating to your access and use of the Website.