WEBSITE TERMS AND CONDITIONS OF USE

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. THIS SITE IS ONLY AVAILABLE TO INDIVIDUALS WHO ARE AT LEAST 21 YEARS OF AGE.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OR IF YOU ARE NOT AT LEAST 21 YEARS OF AGE, PROMPTLY EXIT THIS SITE.

Restrictions on Use

All pages within this Website and any material made available for download (collectively the “Site”) are the property of H2uPTM, Inc. (“H2uPTM”) and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of H2uPTM.  This Site is for your own personal use; you are responsible for the actions of any other person who uses your access rights on the Site. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by H2uPTM.

Visitors

All non-human visitors, including bots, robots, web spiders, indexers, harvesters, or any other programs designed to access, read, compile, or gather content from the Site automatically, shall be deemed agents of the individuals who make use of such means to access the Site.  Such individuals shall be responsible for the actions of their non-human visitors in the same manner as if they personally visited the Site.

Any email addresses or other contact information on the Site is proprietary intellectual property, and the collection, harvesting, gathering, storing, selling, or republishing of such intellectual property is a violation of this agreement, and of the intellectual property protection laws of the United States; such conduct is expressly prohibited and subjects the visitor to legal damages and penalties.

Intellectual Property Notice

H2uPTM, the H2uPTM domain, and the H2uPTM logo, and all other trademarks, service marks, graphics and logos used in connection with H2uPTM belong to and are the intellectual property of H2uPTM.  Your use of the website does not grant you any rights to use, reproduce, or license H2uPTM’s intellectual property without the express written consent of H2uPTM.  Any other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners as noted.

Warranty Disclaimer

H2uPTM IS A CONCIERGE WELLNESS CLINIC, AND DOES NOT REPLACE AN EMERGENCY ROOM, URGENT CARE FACILITY, OR PRIMARY CARE PHYSICIAN RECOMMENDATIONS. IF YOU ARE HAVING AN EMERGENCY PLEASE CALL 911.

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE OR TREATMENT, AND IS IN NO WAY A SUBSITUTE FOR MEDICAL ADVICE OR TREATMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

YOUR USE OF THE SERVICES PROVIDED BY H2uPTM OR OF THIS WEBSITE IS AT YOUR OWN RISK.  H2uPTM, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR THE SERVICES OFFERED THROUGH THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

H2uPTM DOES NOT PROMOTE, CONDONE, RECOMMEND, OR ENCOURAGE THE EXCESS CONSUMPTION OF ALCOHOL. ALCOHOL CONSUMPTION IMPAIRS YOUR ABILITY TO DRIVE A CAR OR OPERATE MACHINERY, AND MAY CAUSE HEALTH PROBLEMS, INCLUDING ALCOHOLISM, CIRRHOSIS, AND CANCER. ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS.

ALTHOUGH H2uPTM ATTEMPTS TO ENSURE THE INTEGRITY AND ACCURATENESS OF THE SITE, IT MAKES NO GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE SITE. IT IS POSSIBLE THAT THE SITE COULD INCLUDE INACCURACIES OR ERRORS, AND THAT UNAUTHORIZED ADDITIONS, DELETIONS AND ALTERATIONS COULD BE MADE TO THE SITE BY THIRD PARTIES. IN THE EVENT THAT AN INACCURACY ARISES, PLEASE INFORM H2uPTM SO THAT IT CAN BE CORRECTED. INFORMATION CONTAINED ON THE SITE MAY BE CHANGED OR UPDATED WITHOUT NOTICE.

Confidential and Proprietary Information

H2uPTM does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to H2uPTM through the Site will be deemed NOT to be confidential. By sending H2uPTM any information or material, you grant H2uPTM an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that H2uPTM is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

Links or Pointers to Other Sites

H2uPTM makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-H2uPTM Website, please understand that it is independent from H2uPTM, and that H2uPTM has no control over the content on that Website. In addition, a hyperlink to a non-H2uPTM Website does not mean that H2uPTM endorses or accepts any responsibility for the content, or the use, of the linked site. 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.

Indemnification

You agree to indemnify and hold harmless H2uPTM, its directors, officers, employees, agents, successors, assigns, contractors, and licensors from and against any and all claims, damages, causes of action, judgments, liabilities, demands and expenses of any kind or nature whatsoever, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of these terms and conditions.

Consent to IP Recording

You consent to having your Internet Protocol (IP) address recorded.

No Unlawful or Prohibited Purpose

As a condition of your use of this Site, you warrant to H2uPTM that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

Privacy Policy

In operating the Site, H2uPTM may include registration, online surveys, and other online forms that ask users to provide their names, e-mail addresses, and other contact information. H2uPTM’s servers automatically recognize visitors’ domain names and IP addresses.  No personal information about you is revealed in this process. The Site may also gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.

(a) COOKIES. From time to time, H2uPTM may use the standard “cookies” feature of major browser applications that allows us to store a small piece of data on your computer about your visit to our Web site. H2uPTM does not set any personally identifiable information in cookies, nor do we employ any data capture mechanisms on the Site other than cookies. Cookies help us learn which areas of our site are useful and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at our Web site may be diminished and some features may not work as they were intended. Promotions or advertisements displayed on our site may contain cookies. We do not have access to or control over information collected by outside advertisers on our site.

(b) PERSONAL INFORMATION. H2uPTM will not share your personal information with any third parties without your consent, except as necessary to provide you with the services offered by us or to comply with the law. We may use your personal information to verify your identity, to check your qualifications, or to follow up with transactions initiated on the Site. We may also use your contact information to inform you of any changes to the Site, or to send you additional information about Company. If you give your permission during the account registration process, we may share your contact information with our business partners or other companies so that they may send you promotional materials.

(b) ANONYMOUS INFORMATION. H2uPTM uses anonymous information to analyze our Site traffic, but we do not examine this information for individually identifying information. In addition, we may use anonymous IP addresses to help diagnose problems with our server, to administer our site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis.

Public Forums

The Site may include interactive forums such as message boards and chat rooms. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Choice of Law and Venue

These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Sacramento in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

Entire Agreement

These Terms and Conditions constitute the entire agreement between H2uPTM and you pertaining to the subject matter of this Agreement. In its sole discretion, H2uPTM may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.

Updates and Changes

We reserve the right, at any time, to add to, change, update, or modify this Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site. It is your responsibility to review this Policy from time to time to ensure that you continue to agree with all of its terms.

DECEMBER 2016

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