Last Updated: December7, 2020
Exuma Wellness, Inc. (“Exuma,” “we” or “us”) owns and operates the websites located at www.getexuma.com and WEBSITE and may have previously, now or in the future own and/or operate an Exuma Wellness mobile application (collectively, the “Platform”).
Your Relationship With Us
You acknowledge and agree that the Third Party Providers may send you messages, reports and email via the Platform regarding your diagnosis and/or treatment. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Exuma nor the Third Party Providers will be responsible in any way and you will not hold Exuma or the Third Party Providers liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Third Party Providers.
User Account and Content Submissions
If you create an account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer cell phone or other internet access device, as applicable, so that others may not access any password protected portion of the Platform using your name, user name or password in whole or in part. You accept responsibility for all activities, charges, and damages that occur under your account by other members of your household. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.
If you owned User Content before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and any access granted to others. Please note that if you delete User Content from the Platform:
The User Content may still exist in our backup copies, which are not publicly available. If your User Content was shared with third parties, those third parties may have retained copies of your User Content, and neither we nor our affiliates have any responsibility for any uses of your User Content that they might make.
We retain the license specified above.
We do not guarantee that User Content will be private, even if the User Content is in a password-protected area. Accordingly, you should not provide User Content that you want protected from others. You bear all responsibility for your User Content. You represent and warrant that you have all rights necessary to grant to Exuma the license above.
Protected Health Information
Third Party Content
YOU AGREE THAT EXUMA AND ITS PARTIES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Reference on the Platform to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, trade identity, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Exuma.
Consent to Use of Telehealth Services
The Platform uses Telehealth to provides its services, and Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not a substitute for in-person health care in all cases.
You may be able to purchase certain products through the Platform that require that you purchase the product on a subscription basis. For subscription based products, your payment will be automatically charged at regular intervals as described for that product during the checkout process. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable monthly processing date of your subscription by emailing email@example.com.
In order to simplify your experience on the Platform, you will only see and be required to pay a single “total” subscription price. However, if a subscription product you purchase requires a consultation with a Provider and/or includes a prescription product that you fill through the Pharmacy, then the total price you pay includes the amount charged by the Pharmacy for the prescription drug and the amount charged by the Provider for the services, as well as the amount we charge for use of and access to the Platform. Provider will collect the amounts charged by the Pharmacy, the Provider and us on behalf of the Pharmacy and us and pass the applicable amounts through to them.
Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless (i) you have completed a consultation with one of the Providers through the Platform; (ii) the Provider has determined the prescription product is appropriate for you; and (iii) the Provider has written a prescription.
If you are approved by a Provider, the prescription will be transmitted to the Pharmacy for fulfillment. If you do not wish to fill the prescription through the Pharmacy, you may reach out to the Pharmacy to have the prescription transferred to the pharmacy of your choice. The Pharmacy cannot guarantee pricing for the prescription if another pharmacy will be filling the prescription.
Please note, prescriptions fulfilled by the Pharmacy will include child-resistant packaging and prescription products will be dispensed in child-resistant containers.
If you complete a consultation with a Provider and fill a prescription through the Pharmacy, the prescription product is shipped to you by the Pharmacy and the costs associated with the prescription are included in the total charged to you by the Platform as described in the “Subscription Products” section herein. If you fill a prescription with a pharmacy other than the Pharmacy utilized with this Service, the Pharmacy will send the prescription to your selected pharmacy once notified by you, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product.
Prescription products available through the Platform are “Third-Party Goods and Services” as described in the Third-Party Goods and Services section of this Agreement.
All prescription products are filled and shipped from our pharmacy fulfillment partner, GoGoMeds, located in Southgate, Kentucky. GoGoMeds is licensed to operate in all 50 states and Washington D.C. GoGoMeds ships orders Monday through Friday only to valid addresses within the United States and US Territories from which they are licensed.
Financial Responsibility Related to the Platform
Exuma is not enrolled with or a participating provider with any federal or state healthcare programs (i.e. Medicare, Medicaid, etc.) for the provision of any healthcare services or supplies and, as such, neither you nor Exuma may receive payment for such programs for the services or products provided to you by Exuma. To the extent that any of the Third Parties may be enrolled in federal or state healthcare programs, the Platform and other means through which Exuma provides services or makes accessible services and products typically precludes such services and products from being covered benefits under these programs. By choosing to use the Platform, you are choosing to obtain products and services on a cash basis outside of any federal or state healthcare program and you agree that you are solely responsible for the costs of any service or product provided to you. You further agree that you will not submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you.
Terms of Sale
All products offered for sale by Exuma are subject to availability and Exuma reserves the right to impose quantity limits on any order or reject all or any part of an order without prior notice. Prices for products are subject to change at anytime, but changes will not affect any order for products you have already placed. In the event of an error, Exuma reserves the right to correct the error and revise your order accordingly, including price corrections or adjustments, or to cancel the order and refund any amounts charged.
You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (the “Taxes”) due with respect to your purchase. We may collect applicable Taxes if we determine we have a duty to collect Taxes. At checkout, we will present an estimate of Taxes, except we may not where we have clearly stated in writing that a price includes Taxes. Actual Taxes charged maybe adjusted from the amount shown at checkout if necessary because of changes in tax rates, variances in processor programs, or some other factors necessitate a change. We are not required to, and do not collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
We accept all major credit cards and we store your credit card information to make repeat purchasing easier. You represent and warrant that you are authorized to use your designated payment method, and you authorize Exuma to charge your designated payment method for the total amount of your order (including any applicable Taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment. We are not responsible for fees or charges that come from your bank or credit card issuer.
Should any issues arise, we reserve the right to remedy your issues and concerns on a case by case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.
The Platform may offer features and services that are available to you via your mobile phone or other mobile device, including the ability to receive messages from the Platform (collectively, the “Mobile Features”). Your wireless provider may charge for use of Mobile Features, including fees for receipt of text messages or data transmission. In order to receive Mobile Features, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your wireless provider before you sign up for Mobile Features to determine what fees could be charged.
You may not transfer or copy any Content from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.
Limitations of Use
Access the Platform using any interface other than ours;
Maintain any link to the Web Site that we ask you to remove, in our sole discretion;
Frame the Platform or Content, make the Platform or Content available via in-line links, otherwise display the Platform or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Exuma or its affiliates and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our services or Platform;
Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
Transmit files that contain viruses, Trojan horses, spyware, adware, or other harmful, disruptive or destructive files;
Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email);
Remove, modify, disable, block or otherwise impair any advertising in connection with the Web Site;
Interfere with others using the Platform or otherwise disrupt the Platform;
Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Platform;
Transmit, collect, or access personally identifiable information about other persons without the consent of those persons and Exuma;
Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Platform;
Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Platform or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content;
Access any portion of the Platform that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials; or
Use the Platform for any other unlawful purpose.
You further agree to only submit content to the Platform that is in compliance with all applicable laws, rules and regulations and is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain.
Monitoring and Management of Content of Platform
We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:
Change or discontinue the Platform;
Change how we offer and operate the Platform;
Remove Content from the Platform;
Restrict, suspend or terminate your access to the Platform or any feature thereof; and/or
Deactivate your account(s) and delete all related information and files in your account(s).
Notices and Electronic Communications
Intellectual Property; License
Copyright & Notification of Copyright Infringement
The copyright in all materials provided on the Platform is owned by Exuma or its affiliate(s). Except as stated herein, none of the material contained in the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Exuma. Permission is hereby granted to view, copy, print and download the materials on the Platform for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. Exuma may revoke any of the foregoing rights at any time. You may not, without Exuma’s prior written consent, “mirror” any material contained on the Platform on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Platform. Any unauthorized use of any material contained on the Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
If you believe that Content on the Platform violates your copyright, please provide Exuma’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Exuma’s copyright agent for notice of claims of copyright infringement on or regarding the Platform can be reached at:
2046 Hillhurst Ave #130
Los Angeles, CA 90027
Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
The trademarks, service marks and logos (“Trademarks”) used and displayed on the Platform are registered or unregistered Trademarks of Exuma. Nothing on the Platform shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Platform without the prior written consent of the Trademark owner. The name of Exuma or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Platform without the prior written consent of Exuma. Exuma prohibits the use of any Exuma logo and Trademark as a “hot” link to any web site unless establishment of such link is approved in advance by Exuma in writing.
Disclaimers and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, ABOUT: (A) THE PLATFORM; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE PLATFORM (IN WHATEVER FORM OR MEDIA); (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE PLATFORM; (D) THE MESSAGES AND INFORMATION SENT FROM THE PLATFORM BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE PLATFORM OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PLATFORM OR ANY LINKED SITE. EXUMA DOES NOT WARRANT THAT THE PLATFORM, ANY OF THE PLATFORM’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THERE WILL NOT BE ANY FAILURES, INTERRUPTIONS, OR DELAYS IN THE DELIVERY OF ANY CONTENT CONTAINED IN THE PLATFORM. THE COMPANY PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE PLATFORM, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE PLATFORM, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOUR ACCESS TO AND USE OF THE PLATFORM (INCLUDING ITS FUNCTIONS AND CONTENT) IS VOLUNTARY AND AT YOUR OWN RISK. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PLATFORM, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PALTFORM OR THE CONTENT. IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PLATFORM.
THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, SOFTWARE, CELL PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION OR FOR ANY CONDUCT BY USERS OF THE PLATFORM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE COMPANY PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE PLATFORM OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, PODCAST, TELEVISION SHOW, MOTION PICTURE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY EXUMA WEB SITE, PROPERTY, PRODUCT, PROGRAM, PODCAST, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT.
BY ACCESSING THE WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY. SECTION 1542 PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Governing Law, Venue and Jurisdiction
Disputes and Arbitration
Before you or Exuma commence an arbitration with respect to a Claim, you must first send to Exuma a written notice of your claim or Exuma must send a written notice of our claim to you (“Notice“). Your Notice must: (1) be sent by certified mail; (2) be addressed to: Exuma Wellness, Attn: Legal, 2046 Hillhurst Ave #130, Los Angeles, CA 90027 (2) describe the nature of your Claim; and (3) specify the damages or other relief you seek. If Exuma and you (as applicable) do not then resolve the Claim within 30 days after our receipt of Notice is received, either you or Exuma (as applicable) may commence an arbitration to resolve the Claim.