Terms of Use
IF THIS IS A MEDICAL EMERGENCY OR CRISIS SITUATION, DIAL 9-1-1 IMMEDIATELY, WE ARE NOT A SUBSTITUTE FOR EMERGENCY MEDICAL SERVICES
Biofuse Wellness PLLC
Please carefully review these Terms and Conditions of Use ("Terms of Use"), as they govern your access to and utilization of the Biofuse Wellness PLLC ("Biofuse," "we," "us," and "our") Platform. Your acceptance and adherence to these Terms of Use are essential prerequisites for your access and utilization of the following:
Our website, available at www.biofuse.net (referred to herein as "Our Website").
The services ("Services") offered through Our Website.
The professional medical services provided by Biofuse through the use of our Platform are collectively referred to in these Terms of Use as the "Services."
By electronically endorsing this agreement, you confirm that you have fully read, understood, and unreservedly agreed to all the provisions outlined in these Terms of Use, our Privacy Policy, and the Notice of Privacy Practices provided by Biofuse. Should you disagree with complying with these Terms of Use, our Privacy Policy, and the Notice of Privacy Practices issued by Biofuse, you are not authorized to access or utilize our Platform and/or the Services; we strongly encourage you to leave this website promptly.
Binding Arbitration. These Terms of Use stipulate that any disputes between you and Biofuse, pertaining in any manner to these Terms of Use, the Platform, and/or the Services, shall be resolved through BINDING ARBITRATION. THEREFORE, YOU CONSENT TO FORGO YOUR RIGHT TO LITIGATE IN COURT (INCLUDING AS PART OF A CLASS ACTION PROCEEDING) in order to assert or safeguard your rights under these Terms of Use. An IMPARTIAL ARBITRATOR, rather than a judge or jury, will determine your rights, and your claims may not be pursued as part of a class action. We encourage you to review the Dispute Resolution; Arbitration Agreement for comprehensive information on your agreement to arbitrate any disputes with Biofuse.
1. Privacy Practices
You acknowledge and consent that any information furnished by you in relation to the Platform and the Services shall be subject to the regulations outlined in the Privacy Policy, which is herein incorporated and forms an integral part of these Terms of Use. Furthermore, you affirm that information provided by you concerning the Services shall also be governed by the pertinent Biofuse Notice of Privacy Practices, which is similarly incorporated and constitutes an essential component of these Terms of Use.
Not For Emergencies
Our Platform and the Services provided are not intended for handling medical emergencies or urgent situations. It is imperative that you do not disregard or postpone seeking medical counsel based on any information present or absent on our Platform. In the event that you believe you are facing a medical emergency, we urge you to promptly dial 9-1-1 for immediate assistance.
Furthermore, you should promptly seek emergency assistance or adhere to recommended follow-up care as advised by a healthcare Provider or when otherwise deemed necessary. It is crucial that you maintain ongoing consultations with your primary healthcare provider and other qualified healthcare professionals in accordance with their recommendations. Always seek guidance from a physician or another appropriately trained healthcare provider regarding any inquiries you may have concerning a medical condition and before making any alterations to your current treatment regimen.
Risk of Telehealth Services
By utilizing the Services, you hereby acknowledge the potential risks associated with telehealth services. These risks encompass, but are not limited to, the following:
Insufficient Information: The data transmitted may not be adequate, such as when images have poor resolution, which could hinder the Provider's ability to make appropriate medical or healthcare decisions.
Delays: Delays in evaluation or treatment may occur due to electronic equipment malfunctions or failures.
Access Limitations: The absence of access to your comprehensive medical records may lead to adverse drug interactions, allergic reactions, or other judgment errors.
Security Concerns: While the electronic systems we employ incorporate network and software security protocols to safeguard the privacy and security of health information, it's essential to recognize that these protocols could potentially fail, leading to a breach of the privacy of your health information.
It is imperative that you are aware of these potential risks and exercise due diligence in seeking and receiving healthcare services through our telehealth platform. Your understanding of these risks is a vital component of your engagement with our Services.
Prescription Policy
Prescription Policy: Certain products available through the Platform require a valid prescription from a licensed healthcare provider. You may only obtain these specific products after completing a consultation with one of the Providers through the Platform. Following this consultation, the Provider must determine the suitability of the prescription product for you and issue a prescription accordingly.
It is essential that you acknowledge and agree to the following:
Personal Use: Any prescriptions provided by a Provider are intended solely for your personal use.
Product Information: You commit to thoroughly reviewing all provided product information and labels. If you have any questions or concerns about the prescription, you agree to seek guidance promptly from a physician or pharmacist.
Patient Freedom of Choice: We fully respect your right to choose as a patient. If you receive a prescription for medication, you always have the option to instruct your Provider to send that prescription to the pharmacy of your choice. Your autonomy in this matter is highly valued by us.
Not an Insurance Product
We want to clarify that we do not function as an insurance provider, nor do we offer any insurance plans or products. The fees you remit to us for any Services procured through the Platform should not be regarded as insurance premiums. Should you wish to acquire any form of health or other insurance, it is imperative that you do so separately through the appropriate channels. We do not provide insurance services of any kind.
2. Ownership of the Platform
The Platform encompasses a range of confidential and proprietary elements, including but not limited to information, materials, data, databases, content, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features, functionality, and the composition, selection, and organization of these elements (collectively referred to as the "Content"). This Content is the property of Biofuse, its licensors, or other entities that have provided such material, and it is safeguarded by the laws governing copyright, trademark, patent, trade dress, trade secret, and various other intellectual property or proprietary rights in the United States and internationally.
These Terms of Use grant you permission to utilize the Platform solely for your personal, non-commercial purposes. However, you are expressly prohibited from engaging in the following actions with respect to the material on our Platform, including the Content:
Reproduction and Distribution: You shall not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any such material.
Exceptions: The only exceptions to this prohibition include: (a) your computer temporarily storing copies of such materials in RAM as an incidental action during your access and viewing of those materials; (b) the automatic caching of files by your web browser for the purpose of enhancing display; and (c) the printing or downloading of a single copy of a reasonable number of Platform pages for your personal, non-commercial use, provided that such content is not further reproduced, published, or distributed.
Prohibited Modifications: You must refrain from making modifications to copies of any materials from the Platform or materials received through the Services.
Use of Multimedia: The use of illustrations, photographs, video or audio sequences, or any graphics separately from their associated text is strictly prohibited.
Copyright and Trademark Notices: Any copyright, trademark, or other proprietary rights notices on copies of materials from the Platform shall not be deleted or altered in any manner.
These restrictions are in place to safeguard the intellectual property and proprietary rights associated with the Platform and its content.
You are expressly prohibited from engaging in the following actions without our express written consent:
Framing and Deep Linking: You may not frame or employ framing techniques to enclose, or deep link to, any name, trademarks, service marks, logos, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Biofuse.
Commercial Exploitation: You are strictly prohibited from accessing or using any aspect of the Platform or any services or materials offered through the Platform for outsourcing to third parties or for use in a service bureau business or similar commercial endeavors, including benefiting unaffiliated third parties who directly pay for such services or for any other commercial purposes, unless you have obtained our express written consent.
Consequences of Breach: If you print, copy, modify, download, or otherwise use or provide access to any part of the Platform in violation of these Terms of Use, your right to use the Platform will immediately cease. In such instances, we reserve the right, at our discretion, to require you to return or destroy any copies of the materials you have created. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not explicitly granted are retained by Biofuse. Unauthorized use of the Platform may constitute a breach of these Terms of Use and may infringe upon copyright, trademark, and other applicable laws.
3. Availability of Services
Biofuse operates in accordance with both state and federal regulations, and it's important to note that the availability of the Platform may vary by state. By using the Platform, you affirm that you are not a person prohibited by the laws of the United States or any other applicable jurisdictions in which you may be situated from enrolling in or utilizing the Platform.
Access to and utilization of the Platform are exclusively limited to users who are physically located in states within the United States where the Platform is accessible. The Services provided are not extended to users located outside the United States. It is expressly prohibited to access the Platform from jurisdictions where the content is illegal or where we do not offer the Platform.
4. Access to Platform, Security, and Restrictions; Passwords
You are explicitly prohibited from engaging in any actions that compromise the security of the Platform, which includes, but is not limited to:
Accessing data that is not intended for you or logging into a server or an account for which you are not authorized to access.
Attempting to investigate, scan, or assess the vulnerability of a system or network, or attempting to breach security or authentication measures without proper authorization.
Accessing or utilizing the Platform, or any part thereof, without proper authorization, whether it be in violation of these Terms of Use or in contravention of applicable law.
The use of scrapers, crawlers, spiders, robots, or any other automated methods to access or replicate data on the Platform is strictly prohibited. Additionally, you may not employ these automated means to deep-link to any features or content on the Platform or circumvent any robot exclusion headers or other protective measures we have implemented to inhibit or limit access to the Platform. Such actions are in violation of our policies.
Breaches of system or network security can carry significant legal consequences, both civil and criminal. Biofuse is committed to investigating any instances that may potentially involve such violations. We may also collaborate with law enforcement agencies in the prosecution of users who are found to be engaged in such violations.
You expressly agree not to employ any device, software, or routine with the intent to disrupt or attempt to disrupt the proper functioning of the Platform or any activities taking place on the Platform. Interfering with the Platform's normal operation is strictly prohibited.
In cases where access to the Platform or specific areas within it is restricted and necessitates a user ID and password ("Protected Areas"), you commit to accessing these Protected Areas solely using the user ID and password provided to you by us. Furthermore, you agree to maintain the confidentiality of your user ID and password, refraining from sharing or disclosing them to any third party. You accept full responsibility for all activities conducted under your user ID.
Please be aware that Biofuse retains the right to terminate your access to the Platform at any time, with or without cause.
Moreover, you consent to defend, indemnify, and absolve Biofuse from any and all third-party claims, damages, and expenses (including reasonable legal fees) that may arise due to your violation of these Terms of Use or any infringement of applicable laws, your usage or entry into the Platform, or the access granted to anyone who uses the Platform via your user ID and password.
If you submit, upload, post, or transmit any User Information to us or through our Platform, you must adhere to the following guidelines:
Accuracy and Respect: Ensure that your User Information is truthful, accurate, and does not contain false, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful content, or anything that may incite criminal or unethical behavior.
Respect for Rights: Your User Information must not violate or infringe upon the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any individual or entity
Security Measures: Do not submit User Information that contains or transmits viruses or any other harmful components.
Additionally, you should not initiate contact with other Platform users through unsolicited emails, telephone calls, mailings, or any other unsolicited method of communication.
By providing User Information to Biofuse, you represent and warrant that you possess the legal right and authorization to furnish all such User Information to Biofuse for the purposes outlined herein and as required by Biofuse Providers.
Biofuse reserves the right to de-identify your information to a degree where it is no longer classified as protected health information or personally identifiable information. Subsequently, Biofuse may choose to disclose, aggregate, or employ such de-identified information for various purposes, including but not limited to analytics, research, or other related activities involving third parties.
5. No Users Under 18 Years Old
To access the Platform and utilize the Services, you must confirm and guarantee that you are 18 years of age or older. If you are under the age of 18, please refrain from attempting to register with us on the Platform or furnishing any personal information about yourself. In the event that we become aware of the collection of personal information from an individual under the age of 18, we will expeditiously remove that information from our records. If you believe that we have gathered personal information from an individual under the age of 18, please do not hesitate to contact us for further assistance.
6. Your Account
As a user of the Platform, you are required to:
Provide Accurate Information: Furnish true, accurate, current, and complete information during the registration process when establishing your account ("Registration Information").
Keep Information Current: Maintain and promptly update your Registration Information to ensure it remains true, accurate, current, and complete.
Failure to adhere to these requirements, such as providing information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to believe that such information is untrue, inaccurate, not current, or incomplete, may result in the suspension or termination of your account.
Furthermore, it is your sole responsibility to maintain the confidentiality of any passwords and monitor all activities associated with your account. You must not permit others to access your account or utilize your password, as doing so may jeopardize the security of your account.
7. Accuracy and Integrity of Information; Colors
While we strive to maintain the integrity and accuracy of the Platform, we want to clarify that we provide no representations, warranties, or guarantees regarding the correctness or accuracy of the Platform and its Content. It is conceivable that the Platform may contain typographical errors, inaccuracies, or other errors, and unauthorized modifications, additions, or deletions may be made to the Platform by third parties. If you happen to come across any inaccuracies, please bring them to our attention so that we can rectify them. We retain the unilateral right to correct inaccuracies on the Platform without prior notice. Information presented on the Platform may be altered or updated without notice as well. Additionally, Biofuse bears no responsibility or liability for information or Content posted to the Platform by any unaffiliated third party.
Regarding the display of colors for our products on the Platform, we have invested substantial efforts in ensuring their accurate representation. Nevertheless, it's important to recognize that the actual colors you perceive may depend on your monitor, and we cannot guarantee that your monitor's display of any color will be entirely accurate.
8. Typographical Errors and Incorrect Pricing
In circumstances where a Product or Service is displayed with an incorrect price due to a typographical error or an error in pricing information received from our suppliers or business partners, we retain the right to decline or annul any orders that were placed for such a Product or Service listed at the incorrect price. We maintain this right even if the order has been confirmed and your credit or debit card has been charged. Should your credit or debit card already have been charged for the purchase, and your order subsequently gets canceled, we will promptly issue a credit to your credit or debit card account for the amount corresponding to the incorrect price.
9. Notice and Procedure for Making Claims of Copyright Infringement
To file a notice of infringement with us, please provide the following information to the designated copyright agent at Biofuse:
A description of the copyrighted work or other intellectual property that you assert has been infringed.
A description of the material that you allege is infringing upon the copyrighted work mentioned in item #1.
Your contact information, including your address, telephone number, and email address, to allow the alleged infringing party to reach out to you.
The following statement: "I have a good faith belief that the use of the copyrighted materials described above, as allegedly infringing, is not authorized by the copyright owner, its agent, or the law."
The following statement: "I declare, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Your electronic or physical signature.
Please ensure that all the requested information is provided accurately to enable us to effectively address your copyright infringement claim.
Online Payments
You have the option to acquire Supplements or pay for Services through the Platform. To streamline the user experience, you can make payments for your purchases directly on the Platform, with Biofuse acting as a payment processing agent on your behalf. If you choose to purchase a Service from Biofuse, the total price you pay encompasses the amount charged by Biofuse for the Service. We gather the fees charged by Biofuse and/or any other healthcare service provider, such as a laboratory, on your behalf and subsequently remit the payment to them for their actual charges. Prior to making a purchase, you will be presented with an itemized invoice detailing the actual charges levied by Biofuse or any other healthcare service provider for the Services.
Order Acceptance
We retain the discretion to decline or cancel any order for any reason at our sole discretion. Furthermore, we reserve the right to restrict or terminate your account for any reason, at our sole discretion.
Several circumstances could lead to the cancellation of your order, including but not limited to limitations on the quantities available for purchase, inaccuracies or errors in product or pricing information, or issues identified by our credit and fraud prevention department. In some cases, we may necessitate additional verifications or information prior to accepting an order. If any or all portions of your order are canceled or if we require additional information to process your order, we will make contact with you.
In the event that your order is canceled after your credit card (or other payment account) has been charged, we will refund the charged amount to your credit card (or other relevant payment account). All Supplements, Home Injection Kits purchased through the Platform are entrusted to shipment carriers. The risk of loss and title for any Product you purchase from our Platform is transferred to you upon delivery of the Product to the carrier.
Return Policy
Due to the nature of our services, we regret to inform you that items cannot be returned, and therefore, ALL SALES ARE FINAL. Please consider this policy when making your purchase decisions, and feel free to reach out to us if you have any questions or concerns about our services before making a purchase. We are here to assist you to the best of our abilities.
10. Links to Other Sites
We want to clarify that we do not provide any representations or endorsements concerning any other websites that you may visit through the Platform. It's important to recognize that when you access a website that is not operated by Biofuse, it operates independently from us, and we have no authority over the content displayed on that website. Furthermore, the presence of a link to a non-Biofuse website should not be interpreted as our endorsement or assumption of responsibility for the content or usage of the linked website.
It is your responsibility to take precautionary measures to ensure that anything you choose for your use or download from such websites is free from potentially harmful elements like viruses, worms, Trojan horses, and other destructive items. Should you decide to access any third-party websites linked to the Platform, please be aware that you are doing so entirely at your own risk.
11. Consent to Receive Calls, Text Messages, and Audio and/or Video Recording
By providing your mobile number, you are giving consent to be contacted by or on behalf of Biofuse at the mobile number you have provided. This contact may include calls and text messages, for the purpose of receiving informational, product, or service-related messages and communications related to the Platform. These communications may include messages like progress tracking and reminders. Please note that standard message and data rates may apply.
If you wish to cease receiving text messages from us, you can do so by replying to our text message with the word "STOP." We may confirm your opt-out request via text message. If you are subscribed to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message, or we may respond to your "STOP" message by asking you to specify the services you wish to discontinue.
It's important to be aware that by withdrawing your consent to receive text messages, you may no longer have access to some of the functions and features provided by the Platform. Additionally, you may miss out on important and beneficial information and reminders related to your services.
Biofuse or your Provider may choose to record (both audio and video) all or parts of your interactions with us or them ("Recordings"). These Recordings are primarily utilized for quality assurance and training purposes. They aid in the enhancement of our ability to provide you with products and services and assist us in refining the Platform.
We take the security of these Recordings seriously and will maintain their confidentiality. These Recordings will not be made publicly available unless required by law, such as in response to a court order.
By accessing and utilizing our Platform, you agree to and consent to the Recording of interactions for the purposes and uses outlined in these Terms of Use and as further detailed in our Privacy Policy.
12. CAN-SPAM Act and Telephone Consumer Protection Act Compliance
Biofuse and your Provider are fully committed to adhering to the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act") and the Telephone Consumer Protection Act ("TCPA"). By consenting to receive text messages from us, as outlined in the section titled "Consent to Receive Calls, Text Messages, and Audio and/or Video Recording," you are acknowledging your consent to receive such messages.
We aim to ensure that our emails, newsletters, and text messages are in complete compliance with the CAN-SPAM Act and the TCPA. If, at any point, you receive an email or text message from us that you believe does not align with the requirements of the CAN-SPAM Act or the TCPA, please do not hesitate to reach out to us through our contact page. Your feedback is important to us, and we are dedicated to addressing any concerns promptly.
13. Electronic Communications
When you utilize the Platform or send emails, messages, and other forms of communication from your desktop or mobile device to us, you are engaging in electronic communication. By using the Platform, you give your consent to receive communications from us electronically. You acknowledge and agree that:
All agreements and consents can be executed electronically.
All notifications, disclosures, and other communications provided to you electronically meet all legal requirements that mandate such notices and communications be in writing.
Biofuse and your Provider may initiate contact with you via telephone, mail, or email to validate your information. Additionally, we may request further information from you, and you agree to provide this information as requested to verify that you have not engaged in fraudulent activity on the Platform. Failure to provide this information as requested within 14 days of the request gives us the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the requested information.
14. External Services
The Platform may grant you access to Biofuse and/or third-party services and websites, including social media sites, collectively referred to as "External Services." It's important to acknowledge that your use of these External Services is entirely at your own risk. We do not assume responsibility for reviewing or evaluating the content or accuracy of any third-party External Services, and we shall not be held liable for any such third-party External Services.
Any data presented by the Platform or External Services, including but not limited to financial, medical, and location information, is provided for general informational purposes only and is not guaranteed by Biofuse or its agents. You agree to use the External Services in a manner consistent with the terms outlined in these Terms of Use and refrain from infringing upon the intellectual property rights of Biofuse or any third party. Furthermore, you agree not to employ the External Services to harass, abuse, stalk, threaten, or defame any individual or entity. We are not responsible for any such misuse.
Please be aware that External Services may not be accessible in all languages or in your home country, and their suitability or availability for use in specific locations may vary. Should you choose to utilize such External Services, you are solely responsible for complying with any applicable laws.
We retain the right to modify, suspend, remove, disable, or impose access restrictions or limitations on any External Services at any time, without prior notice or liability to you.
15. No Third Party Rights
Unless explicitly specified in these Terms of Use, nothing within them is intended to grant any rights, obligations, duties, or remedies to any individual or entity apart from you, Biofuse, and its affiliates. These Terms of Use are not designed to absolve or release any obligations or liabilities of third parties toward you, Biofuse, or Biofuse's affiliates. Additionally, no provision within these terms provides third parties with any rights of subrogation or action against you, Biofuse, or its affiliates.
The Platform is exclusively provided for your benefit and should not be relied upon by any third party.
16. Dispute Resolution; Arbitration Agreement
We are committed to making every effort in good faith to address and resolve any concerns or issues you may have with the Platform, which includes Supplements and Services ordered or purchased through the Platform. If you bring such an issue to the attention of our customer service department, we will work diligently to find a satisfactory resolution. However, we understand that in exceptional circumstances, there may be situations where we are unable to fully resolve an issue to a customer's satisfaction.
You and Biofuse both agree that any dispute, claim, or controversy arising from or related to these Terms of Use or your use of the Platform, including Services ordered or purchased through the Platform, will be resolved through binding arbitration rather than in a traditional court. Arbitration is a less formal process than a courtroom lawsuit. It involves the use of a neutral arbitrator instead of a judge or jury and is subject to limited review by the courts. While arbitration allows for more limited discovery compared to court proceedings, we agree to collaborate in agreeing to reasonable discovery, considering the nature of the issues and the amount of the claim.
Arbitrators have the authority to award the same types of damages and relief that a court can provide. However, in doing so, the arbitrator will apply the applicable substantive law regarding damages as if the matter were brought in court, including punitive damages in accordance with the standards set by the United States Supreme Court.
By agreeing to these Terms of Use, you acknowledge that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. Additionally, you and Biofuse both waive the right to a trial by jury or participation in a class action. This arbitration provision will remain in effect even after the termination of these Terms of Use and any other contractual relationship between you and Biofuse.
If you desire to assert a claim against Biofuse, and you therefore elect to seek arbitration, you must first send to Biofuse, by certified mail, a written notice of your claim ("Notice"). The Notice to Biofuse should be addressed to: Biofuse Wellness PLLC, Attn: LEGAL NOTICE, 465 Fuller Ave NE Suite C, Grand Rapids, MI 49503 ("Notice Address"). If Biofuse desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Biofuse, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Biofuse and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Biofuse may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Biofuse or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org . If you are required to pay a filing fee, after Biofuse receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org , by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Biofuse and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $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 arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Biofuse’s last written settlement offer made before an arbitrator was selected (or if Biofuse did not make a settlement offer before an arbitrator was selected), then Biofuse will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND BIOFUSE 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 Biofuse agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for New York County, New York. Both Biofuse and you agree to waive any and all rights to a jury trial in the event this agreement to arbitrate is found to be unenforceable.
17. Indemnification
You agree to protect, indemnify, and absolve Biofuse and its affiliated entities from any and all claims, demands, losses, liabilities, damages, legal claims, actions, and lawsuits (regardless of whether they arise in law or equity), costs, fees, and attorney's fees of any nature that may arise directly or indirectly as a result of or in connection with: (i) your use or improper use of the Platform, Services, or any content posted on the Platform; (ii) your violation of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Biofuse, your Provider, or a customer service representative; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Platform, Supplements, Services, or any information on the Platform. This includes, but is not limited to, violations of third-party intellectual property rights, privacy rights, or any negligent or wrongful conduct.
18. Disclaimer of Warranties
Biofuse does not guarantee that your access to or use of the Platform will be uninterrupted or free from errors, nor does it guarantee that any defects in the Platform will be rectified. The Platform, including all content and information contained within it, as well as any services related to the Platform, are provided on an "as is" basis, with all possible faults, and without any express or implied representations or warranties.
This means that Biofuse does not make any specific promises or guarantees regarding the Platform, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, quality of information, peaceful enjoyment, or title/non-infringement. Biofuse also does not ensure the accuracy, completeness, or timeliness of the information obtained through the Platform.
You accept full responsibility and assume all associated risks when using the Platform, Platform-related services, Services, and linked websites. Biofuse does not guarantee that files available for download will be free from viruses, worms, Trojan horses, or any other harmful software. It is your responsibility to establish adequate procedures for data backup and security to meet your specific needs.
Any warranties related to Supplements or Services offered, sold, and distributed by Biofuse are subject to separate warranty terms and conditions, if such terms exist, and are provided with or in connection with the relevant Supplements or Services.
19. Limitation of Liability Regarding Use of Platform and Services
Biofuse and any third parties mentioned on this Platform are not responsible for, nor liable for, any direct, indirect, incidental, consequential, special, exemplary, punitive, or other types of damages, regardless of their nature, that may arise in any way related to the Platform, Platform-related services, Services, content, or information contained within the Platform, and/or any linked website. These damages could include, but are not limited to, lost profits, lost data, or interruptions to business operations. These damages may arise from various legal theories, including warranty, contract, or tort, and regardless of whether or not you were advised of the possibility of such damages.
If you are dissatisfied with the Platform, Platform-related services, Services, and/or linked websites, your sole remedy is to discontinue using them. To the extent that any limitations of liability stated above are unenforceable, Biofuse's maximum cumulative liability to you in relation to your use of the Platform and Services is limited to $500 (five hundred dollars).
20. Force Majeure
We will not be considered in breach of these terms, nor held liable or considered to have defaulted in fulfilling or performing any term of these Terms of Use, including our Privacy Policy, if any failure or delay in fulfilling or performing any term is caused by events beyond our reasonable control. These events, known as "Force Majeure Events," may include, but are not limited to:
Acts of God;
Natural disasters such as floods, fires, earthquakes, explosions, pandemics, or epidemics;
Acts of war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, or other civil unrest;
Government orders, laws, or actions;
Embargoes or blockades that are in effect on or after the date of these Terms of Use;
National or regional emergencies;
Other events that are beyond the reasonable control of Biofuse.
In the event of a Force Majeure Event, we will make every effort to communicate with you and provide notice within thirty (30) days, indicating the expected duration of the event. We will also use diligent efforts to minimize the effects of the Force Majeure Event and resume the performance of our obligations as soon as reasonably practicable after the cause of the event has been removed.
21. Revisions; General
Biofuse retains the right, at its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. If any provision of these Terms of Use is deemed unenforceable by a court or other competent jurisdiction, that provision will be limited or removed to the minimum extent necessary while allowing the rest of these Terms of Use to remain in full force and effect.
These Terms of Use constitute the entire agreement between Biofuse and you regarding their subject matter. Biofuse may, at its sole discretion, update these Terms of Use from time to time by posting the revised terms on the Platform. It is your responsibility to periodically review these terms to stay informed of any revisions. Your continued use of the Platform after the posting of revised terms constitutes your agreement to abide by those revised terms.
Certain provisions within these Terms of Use may be superseded by specific legal notices or terms placed on particular pages within the Platform.
22. Copyright/Trademark Information
Copyright ©2021 Biofuse Wellness, PLLC. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.
23. Contact Us
Biofuse Wellness, PLLC.
465 Fuller Ave NE Suite C
Grand Rapids MI, 49503
Telephone: (616) 888-5006
Email: Hello@biofuse.net
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