By clicking “I Agree,” checking any box that indicates your acceptance, using any other acceptance protocol provided through the service, or otherwise affirmatively accepting these Terms of Service, you confirm that you have read, understood, and agree to be bound by these terms. If you do not agree to these terms, you are not authorized to create an account or use the services. You also grant agency authority to any individual who accepts these terms and conditions on your behalf.
Important Notice
DO NOT USE THE SERVICES FOR EMERGENCY OR CRISIS SITUATIONS. THIS AGREEMENT INCLUDES TERMS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE THAT ANY DISPUTE BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN THROUGH A LAWSUIT OR COURT PROCEEDINGS. THIS MEANS THAT (I) YOU ARE WAIVING THE RIGHT TO HAVE ANY DISPUTE DECIDED IN COURT BY A JUDGE OR JURY. YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.
Legal Notice
For the purposes of these Terms of Service, the company “ThinneX” be referred to as “The Company.” All references to “The Company” within these Terms of Service shall be understood to mean ThinneX.
Overview of the Services
The Services offered by site may include the following: Providing individuals with information on health care and wellness.Providing individuals with access to pharmacy services. Providing individuals with access to technology-oriented tools for addressing certain health issues. Developing and gathering health care records and information, retaining them for use in health care provider appointments, communications, and pharmacy services. Offering administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services. Providing telecommunications support for using the Services as a means of direct access to a health care provider for communication, consultations, assessments, and treatment by health care organizations and their providers.
Availability
Certain Services are currently only available to individuals located in specific states. You will be informed of any limitations on the availability of certain Services in your location when accessing those parts of the Services. The Company is based in the United States and provides the Services exclusively for use by persons located in the United States. We do not claim or represent that the Services or any material included are accessible or appropriate outside of the United States. Access to the Services may not be legal for certain persons or in certain states. You may not access the Services from outside one of the states where The Company providers are licensed.
Neither The Company nor the affiliated professional entities make any representations, warranties, or guarantees regarding the continued availability of The Company. The Company may be discontinued at any time at the sole discretion of The Company and/or the affiliated professional entities. You will be given 30 days’ notice of any such discontinuation to allow you to find a local provider to continue your treatment.
Eligibility
Our Services are intended for use only if you are 18 years of age or older. To qualify to use the Services, the following must be true, and by accessing or using the Services, you represent and warrant that they are true:
- You are 18 years of age or older.
- You are located in a state where we operate (depending on the type of Services).
- You agree to be legally bound by and comply with these Terms of Use.
- You understand and agree that satisfying the above requirements does not guarantee that you will receive Services.
In addition to the above requirements, The Company and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you. To access or use the Services, you must have compatible devices, access to the Internet, and certain necessary software. Fees and charges may apply to your use of mobile services and the Internet.
Telehealth Services
Telemedicine facilitates health care services through electronic communications, information technology, or other means when a health care provider and a patient are not in the same physical location. Telemedicine may be utilized for diagnosis, treatment, follow-up, and related patient education, which may include, but is not limited to:
- Transmitting medical records, photo images, personal health information, or other data electronically between a patient and a health care provider.
- Interacting between a patient and a health care provider via audio, video, and/or data communications.
- Using output data from medical devices, sound, and video files.
The electronic systems used in the Services incorporate network and software security protocols to protect the privacy and security of health information and include measures to safeguard your data against intentional or unintentional corruption or unlawful access. By accepting the Terms of Use, you agree and consent to The Company, its affiliated physician practices, the health care providers contracted or employed by these practices, and any other health care organizations or providers with whom we partner to deliver the Services. They may send you disclosures, notices, messages, reports, and other communications either in writing or electronically, including through your account or by email. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us, any affiliated physician practice, any health care provider contracted or employed by an affiliated physician practice, or any health care organization or provider with whom we partner to offer the Services to you liable for any loss, injury, or claim resulting from your failure to read these communications or to comply with any treatment recommendations contained in these communications. Moreover, you acknowledge and agree that no means of electronic transmission can be guaranteed to be 100% secure. By accessing or using the Services, you agree to us transmitting health and other information to you electronically and that any information sent to or signed by you or us electronically shall be deemed equivalent to as if such information was provided or signed in writing.
Your Relationship with The Company
The Company does not provide any medical services directly, including through the Services. Instead, The Company provides a technology platform that enables you to access a health care provider employed or contracted with a The Company-affiliated physician practice. You can also obtain access to additional information, which you may or may not choose to use in planning your health care and wellness. The health and wellness resources available through our Services are for informational purposes only and are not a substitute for direct in-person health care services in all cases; nor are they an indicator of specific results. The decision to focus on diagnosis, treatment recommendations, or both rests with you and the health care provider. By coordinating and consulting with an affiliated physician practice or its health care providers through the Services, you are not entering into a provider-patient relationship with The Company. Except for specific communications received from an affiliated physician practice or its health care providers, none of the information you receive through the Services should be considered medical advice.
No Insurance Accepted; Notice of Your Financial Responsibility
The Company and the affiliated physician practices do not accept commercial health insurance plans, are not in-network with any commercial health insurance plans, and are not enrolled with federal or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Services, you are specifically opting to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program. Therefore, you are solely responsible for the costs of any services or products provided to you. If you are a federal health program beneficiary, you agree that neither you, The Company, the affiliated physician practices, nor any of the health care organizations or providers with whom we partner to provide health care and pharmacy services to you will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services
Registration and Account Creation
While certain parts of the Services can be accessed without creating an account, you may need to create an account to access and use specific features. If you create an account, you agree to provide accurate, complete, and up-to-date information about yourself. It is your responsibility to maintain and update this information as necessary. If you fail to do so, or if The Company has reasonable grounds to suspect that you have not maintained accurate information, The Company reserves the right to suspend or terminate your account and your use of the Services.
You agree to keep your username and password confidential and to log out from your account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. If you become aware of any unauthorized use of your username, password, or any other breach of security, you agree to notify The Company immediately by emailing us directly. The Company may take any necessary or reasonable actions to maintain the security of the Services.
It is your responsibility to promptly change your password if you believe it has been compromised. You may not transfer or share your password with anyone, nor create more than one account. You may not use anyone else’s account at any time. The Company explicitly disclaims liability for any losses or damages arising from your failure to comply with this section.
User Content and The Company’s License to Use Such Content
Except as provided in our Privacy Policy or information governed by applicable federal and state-specific privacy laws and regulations, you understand and agree that any information you provide through the Services, whether by direct entry, submission, email, or otherwise—including but not limited to data, questions, comments, forum communications, or suggestions/feedback—will be treated as non-confidential and non-proprietary and will become the property of The Company and/or (i) the affiliated physician practices, or (ii) individual health providers utilizing the Services (“User Content”). Except as provided in our Privacy Policy or subject to any applicable laws, User Content may be used by The Company for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. The Company shall be free to use such User Content for any purpose whatsoever, including developing and marketing products using such information, without any compensation owed to you.
You hereby grant The Company, our service providers, our successors and assigns, our affiliated health care providers, and their affiliated physician practices the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Services for the purposes of providing Services to you; marketing Services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying, and/or improving new, current, or future features, products, and services of The Company using such data. You understand that any User Content you publish in public forums will be viewable and copyable by other users of the forum and potentially the public at large.
WITHOUT LIMITATION OF THE FOREGOING, The Company DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE USER CONTENT FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES, OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE USER CONTENT CONTAINED THEREIN.
You acknowledge, consent, and agree that we may access, monitor, preserve, and disclose your information and/or any User Content you submit or make available for inclusion on the Services if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by law or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms of Use, our Privacy Policy, or other contracts with you, including investigating potential violations thereof; (3) to respond to claims that any content violates the rights of third parties; (4) to respond to your requests for customer service; and (5) to protect the rights, property, or personal safety of The Company, its agents and affiliates, its users, and the public. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Company AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED INDEPENDENT PHYSICIANS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY, OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER The Company NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SERVICES, SERVICES CONTENT, AND USER CONTENT. FURTHERMORE, The Company DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND The Company DISCLAIMS ANY LIABILITY RELATING THERETO. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL, AND/OR INFORMATION OBTAINED
THROUGH THE USE OF THE SERVICES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL, AND/OR INFORMATION, OR YOUR RELIANCE ON ANY SUCH CONTENT, MATERIAL, AND/OR INFORMATION.
Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL The Company, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SERVICES OR ANY SERVICES CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. THIS IS TRUE EVEN IF The Company OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN NO EVENT SHALL The Company OR ITS RELATED PERSONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages as described in this section. Accordingly, some of these limitations may not apply to you. If you are a New Jersey resident or a resident of another U.S. state that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically apply to you.
Changes to the Terms of Use and the Services
The Services are continually evolving, and The Company reserves the right to revise or remove any part of these Terms of Use at its sole discretion at any time and without prior notice to you. It is your responsibility to check the Terms of Use periodically when you use the Services to determine if any changes have been made. Any changes to these Terms of Use become
effective upon posting to the Services, unless applicable law requires additional notice or actions before such changes can become effective. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Services. Your continued use of the Services after a change has been posted constitutes your acceptance of the changes.
You acknowledge and agree that: (1) all or any part of the Services may not be accessible at any time, for any period, or for any reason; and (2) The Company will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. The Company reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Services or any portion thereof, with or without notice. You agree that The Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
Payments
You agree to pay all fees due for services requested at checkout and pursuant to all payment terms presented to you when engaging in transactions. Prices are subject to change at any point at our sole discretion. During the payment process, you will be prompted to enter your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due, including recurring fees associated with subscription services.
You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s) that provide services to you in connection with the Services. Your payments to The Company may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which The Company collects on their behalf. Any health care services or pharmacy services not provided by us, an affiliated physician practice, or the partner pharmacy, or otherwise made available through the Services, are not included in the payments collected by The Company, and you may be separately charged by the applicable health care organization(s) and/or provider(s) for such services. In the event that your credit card expires or The Company, our affiliates, or our third-party payment processors are unable to process your payment, you may receive a notice to provide an alternative payment method. The Company and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified. You are responsible for keeping your payment information (such as credit card number and billing address) accurate and up to date at all times.
Certain products or services offered on the Services may be offered on a subscription basis (“Subscription Services”). For Subscription Services, your payment method will be automatically charged every 23rd day after the first medication has been delivered. This will continue as a monthly recurring payment as described during the checkout process for the applicable Subscription Services. Depending on the specific Service you select, you may be charged at the time you submit a request (for instance, a treatment request), and the products or services
purchased will begin to be provided after all onboarding steps are complete (for instance, after your treatment request is approved by a provider and you provide all required information). For other Services, you may not be charged until all required onboarding steps are completed.
You may cancel a Subscription Service to prevent future renewals at any time before the cancellation cutoff date as indicated to you at the time you purchase a Subscription Service. You will also be informed about how you can cancel these Subscription Services.
EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN OR REFUND POLICY PROVIDED TO YOU ON THE SERVICES AND AS EXPLAINED BELOW, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE SERVICES, ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
Governing Law; Dispute Resolution; Arbitration; Venue; Severability
IMPORTANT NOTE: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND The Company TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM The Company. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND The Company ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Governing Law
These Terms of Use and your use of the Services shall be governed by the laws of the State of Wyoming, without giving effect to the principles of conflict of laws. Subject to the requirement to arbitrate set forth in this section, exclusive jurisdiction for all disputes that do not require arbitration will be the state and federal courts located in New York, New York, and you consent to the jurisdiction of those courts.
Binding Arbitration, Generally
Except as described in the “Exceptions” section below, you and The Company agree that every dispute arising in connection with these Terms of Use, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation, common law, constitutional provision, respondeat superior, agency, or any other legal or equitable theory, regardless of whether a claim arises after the termination of these Terms of Use, and regardless of whether a claim arises before or after the effective date of these Terms of Use. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
Exceptions
Although we are agreeing to arbitrate most disputes between us, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) file suit in a court of law to address an intellectual property infringement claim; or (c) seek injunctive relief in a court of law in a state or federal court in New York, New York.
Arbitrator
This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Use. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800- 778-7879, or by contacting The Company.
Commencing Arbitration
Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). A copy of all Notices of Arbitration must also be sent to The Company via email to EMAIL The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or The Company may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, The Company will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if The Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and The Company may seek reimbursement for any fees paid to AAA.
Arbitration Proceedings
Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or The Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
Arbitration Relief
Except as provided in the “No Class Actions” section below, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. The arbitrator’s award shall be final and binding on all parties. Judgment on the award may be entered in any court having jurisdiction.
No Class Actions
YOU AND The Company AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and The Company agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Limited Time to File Claims
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR The Company WANTS TO ASSERT A DISPUTE AGAINST THE OTHER THAT IS SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS OF USE, THEN YOU OR The Company MUST COMMENCE SUCH DISPUTE BY DELIVERY OF A NOTICE OF ARBITRATION WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.
Severability
All parts of these Terms of Use apply to the maximum extent permitted by law. The Company and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
Miscellaneous Terms:
No Waiver
No waiver by The Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by The Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
No Agency Relationship
These Terms of Use, along with any Services content, materials, or features, do not create any partnership, joint venture, employment, or other agency relationship between us and you. You do not have the authority to enter into any contract on our behalf or bind us in any way.
Remedies
You agree that any violation or threatened violation of these Terms of Use by you constitutes an
unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Assignment
You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. The Company and its affiliates may transfer all contractual rights and obligations pursuant to these Terms of Use without further consent or notification if some or all of the business of The Company is transferred to another entity by way of merger, sale of its assets, or otherwise.
Promotional Pricing
Discounted pricing for the first month is only for the starter dose of medication if it is prescribed by your doctor. Customers who require a higher dosage as recommended by their doctor will be charged the upgraded additional price.
Headings
The headings in these Terms of Use are for convenience purposes only and shall not be deemed to limit or affect any of the provisions herein.
Entire Agreement
This document constitutes the entire agreement between you and The Company regarding the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with The Company.
Contact Us
If you have any questions about these Terms of Use, please contact us at: help@thinnex.com.