Terms of Use

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”). 

IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THIS PLATFORM AND ITS SERVICES ARE NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THESE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

Acceptance of Terms of Use

By visiting, using, or browsing any web site or portal published by Exuma (however accessed and/or used, whether via personal computers, mobile devices, or otherwise), you accept, without limitation or qualification these Terms of Use and agree, without limitation, to the terms of our Privacy Policy.  If you do not agree to these Terms and Conditions and to our Privacy Policy, please do not use our services or visit our Platform.  Acceptance of these terms constitutes a legal agreement between you and Exuma.  These Terms of Use, along with our Privacy Policy, govern your use of the Platform and any other websites, applications, and any products and services offered by Exuma or its affiliates that include an authorized link to these Terms of Use.

Additional terms may apply to your use of certain services or features available through the Platform (“Additional Terms”). We will provide these terms to you or post them on the Platform, and they are incorporated by reference into these Terms of Use. If there is a conflict between these Terms of Use and any Additional Terms that apply to a particular service or feature, the Additional Terms will control with respect to that particular service or feature unless the Additional Terms expressly state otherwise.

Changes to Terms of Use

We may at any time revise these Terms of Use and/or our Privacy Policy.  You are bound by any such revision and should therefore review the Platform periodically to determine the then current Terms of Use, Privacy Policy, and conditions to which you are bound. If you do not agree with any changes to these Terms of Use, your sole remedy is not to use the Platform. If you continue to use the Platform after we change these Terms of Use, you accept all changes.

Your Relationship With Us

Exuma is a technology company that makes available to registered users of the Platform certain products and services sold or offered by Exuma or by third party medical providers, pharmacies, or other vendors. Our Platform provides access to a provider network through GoGoCare who offers certain healthcare services through the Platform (the “Provider”).  Prescription fulfillment services are offered through GoGoMeds as an option to users (the “Pharmacy”). By accepting these Terms of Use, you acknowledge and agree that any services and products you receive from the Provider and/or Pharmacy (collectively, “Third Party Providers”) through the Platform are also subject to these Terms of Use and that they are third-party beneficiaries of this Agreement. 

Exuma acts solely as a technology platform to connect you with the products and services offered by the Third Party Providers through the Platform. Exuma does not control or interfere with the practice of medicine by the Third Party Providers who are solely responsible for the medical care and treatment provided to you. Exuma makes no representations or warranties about the suitability, reliability, timeliness, or accuracy of the medical care, treatment or services provided by any of the Third Party Providers. By accepting these Terms of Use, you acknowledge and agree that Exuma is not a healthcare provider and that by using the Platform, you are not entering into a doctor-patient or other healthcare provider-patient relationship with Exuma. By using the Platform, you may, however, be entering into a healthcare provider-patient relationship with the Third Party Providers. 

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.

While you are not establishing a doctor-patient or other health care provider-patient relationship with Exuma, by using the Platform, you are establishing a direct customer relationship with Exuma to use the Platform and to purchase any non-prescription products or non-medical services sold directly to you by Exuma through the Platform. In connection with such relationship, you may provide Exuma, or cause to be provided to Exuma, on your behalf, personal information, including health information (including health information that is protected from disclosure by law), that is subject to use by Exuma in accordance with our Privacy Policy. 

User Account and Content Submissions

Certain areas of the Platform may ask you to create an account or may otherwise ask you to provide information to participate in certain features or to access certain content, services and/or products. The Platform’s practices governing your personal information are disclosed in its Privacy Policy. If you choose to provide information to the Platform, you agree to provide only true, accurate, current and complete information. If Exuma has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Exuma has the right to suspend or terminate your account and refuse any and all current or future use of the Platform and hold you responsible for any claim or damages arising from such information. Any messages or other postings without a valid email address verification are subject to removal. Any information you post on the Platform is subject to disclosure to any regulatory or criminal authority or third party (other than Protected Health Information (“PHI”) unless otherwise required to be disclosed by law.

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.

The Platform may allow you to submit or transmit audio, video, text, or other materials, including so-called “user generated content” and “feedback” on forums, message boards, social networking areas, and other interactive areas on the Platform (collectively, “User Content”). When you provide User Content, you grant to Exuma and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit that User Content, and any names, voices, likenesses and other identifying information of persons that is part of that User Content, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products and for inclusion on the Platform, or in any other electronic or non-electronic media or format currently existing or later developed. You hereby waive any moral rights you may have in your User Content, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that we are not obligated to use your User Content, and we may alternatively, in our sole discretion, choose to modify, edit, remove, limit, or block access to your User Content without any notice or liability to you. Additionally, we reserve the right to suspend or terminate your access to the Platform and pursue all legal remedies if we believe your User Content infringes another’s copyright or otherwise violates any law, rule or regulation.  Any information or User Content, including any User Content that includes PHI, submitted on the Platform is subject to the Privacy Policy, the terms of which are incorporated herein.

Your User Content is your sole responsibility. This means that you, and not Exuma, are entirely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available via the Platform. You represent that any User Content you provide is an original work by you or you have all necessary rights in it to submit it to Exuma under the terms of these Terms; that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule or regulation. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of these Terms or any Additional Terms. Except as otherwise expressly described in our Privacy Policy, any applicable Additional Terms or on the Platform, your User Content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners.

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

By setting up an account with Exuma, you are establishing a direct customer relationship with Exuma that enables you to access and/or use various functions of the Platform. As part of that relationship, you may provide information to Exuma, including but not limited to your name, email address, shipping address, and phone number, that we may collect, use and disclose in accordance with our Privacy Policy that we do not consider to be “health” or “medical” information.

In using certain services of the Platform, you may also provide certain medical information that may be protected under applicable laws. Exuma is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). One or more of the Third-Parties (as defined herein) may or may not be a “covered entity” or “business associate” under HIPAA, and Exuma may in some cases be a “business associate” of a Third Party.  It is important to remember that while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with Exuma, or the Third Parties. To the extent Exuma is considered a “business associate” however, and solely in its role as a “business associate,” Exuma may be subject to certain provisions of HIPAA with respect to PHI. Further, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. Any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.

By using the Service, you are agreeing that even if HIPAA does apply to Exuma or the Third Party Providers, any information that you submit to Exuma that is not intended and used solely for the provision of diagnosis and treatment by the Third Party Providers, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.

Third Party Content

We may provide third-party content, services, products, or links to third-party websites, including the Pharmacy and Provider, on the Platform and may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by third parties. We do not necessarily endorse or evaluate third-party content and websites, and we do not assume responsibility for third parties’ actions or omissions and do not make any representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any third-party content. You should review third parties’ terms of use and privacy policies before you use their services. 

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. 

Subscription Products

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 hello@getexuma.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.

Prescription Products

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.

Mobile 

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

You must be 18 years of age or older to access our Platform or use our services.  Without limiting any other provision in these Terms of Use, by accessing our Platform, you agree not to do the following, or assist others to do the following:

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. 

You are solely responsible for your interaction with other users of this Platform, whether online or offline. We are not responsible or liable for the conduct of any user. Exuma reserves the right to terminate your access to the Platform or any of its services if it determines that you do not comply with these Terms of Use; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of Exuma’s rights or interests in its Platform, services, or other property; or for any or no reason whatsoever without prior notice to you.  Exuma may take any other actions necessary in this regard or seek any remedies permitted by law.  Any violation of these Terms or any Additional Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the Platform, or upon demand by Exuma, you must destroy all materials obtained from this Platform and all related documentation.

Monitoring and Management of Content of Platform

Exuma shall have the right, but not the obligation, to monitor the content of the Platform to determine compliance with these Terms of Use and any other operating rules established by Exuma, as well as to determine compliance with applicable laws, including, but not limited to, copyright laws. Exuma shall have the right in its sole discretion to edit, refuse to post, block access to, or remove any material submitted to or posted on the Platform that Exuma finds to be in violation of these Terms of Use or that Exuma believes may violate laws or the rights of others, including, without limitation, laws against copyright infringement and rights of privacy and publicity.

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).

We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms of Use. If Exuma terminates your access, you must immediately stop using the Platform.

Notices and Electronic Communications

Any notices from Exuma regarding the Platform or the Terms of Use may be made by email, a posted notice on the Platform, or otherwise as determined in Exuma’s sole discretion.

Additionally, by accessing or using the Platform or electronically contacting us or the Third Party Providers, you agree and consent to receive communications from us and the Third Party Providers electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use. 

Intellectual Property; License

The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content associated with the Platform (the “Content”) are owned or licensed by and to Exuma or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Exuma, we will retain all right, title, and interest in and to the Platform and the Content. No transfer of ownership or any license rights to any portion of the Content shall be made or granted as a result of any access you are granted. Except as expressly set forth in these Terms of Use or expressly granted to you in writing by Exuma, no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Platform. The compilation of the Content on the Platform is the exclusive property of Exuma.

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms of Use, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms of Use or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means): download, stream capture, store in a database, archive or otherwise copy any part of the Platform or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Platform or Content; license or sublicense any part of the Platform or Content; or in any way exploit any part of the Platform or Content. In addition, except as provided in this Terms of Use or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

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: 

Exuma Wellness

Attn: Legal

2046 Hillhurst Ave #130

Los Angeles, CA 90027

Email: hello@getexuma.com

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.

Trademark

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.

Indemnification

To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless Exuma and its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “Company Parties”) from and against any claims, actions, demands, costs (including attorney’s fees and costs), damages, investigations, settlements, judgments, losses, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Platform and the Content (including, without limitation use of your account, and claims arising from User Content) or your breach of these Terms of Use. You will cooperate as fully and reasonably as reasonably required by the Company Parties. The Company Parties retain the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim without the Company Parties’ (as applicable) prior written approval.

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.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES AND THE THIRD PARTY PROVIDERS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES IN CONNECTION WITH THE PLATFORM (INCLUDING ITS FUNCTIONS AND CONTENT), YOUR USE OF THE PLATFORM (INCLUDING ITS FUNCTIONS AND CONTENT); THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PLATFORM; ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY EXUMA REGARDING YOUR USE OF THE PLATFORM OR CONTENT;  THESE TERMS OF USE OR YOUR USER CONTENT; OR ANY ERRORS OR OMISSIONS IN THE PLATFORM EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE COMPANY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL THE COMPANY PARTIES’ LIABILITY FOR OTHER DAMAGES EXCEED FIFTY U.S. DOLLARS ($50 US).

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

These Terms of Use and all claims between you and Exuma arising from or related to your use of the Platform will be governed by and construed in accordance with the laws of the State of Texas, except Texas’ conflict of law rules. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.

With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to jurisdiction in the state and federal courts in Dallas, Texas. Notwithstanding any other provision of these Terms of Use, (a) Exuma may seek injunctive or other equitable relief from any court of competent jurisdiction and (b) nothing herein will restrain a California resident’s right, if any, to seek public injunctive relief as permitted by law and subject to the venue requirements set forth above.

Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Platform or these Terms of Use within ninety (90) days after the occurrence of the facts giving rise to such claim or action otherwise, you will waive the claim or action.

Disputes and Arbitration

If you have any dispute with or claim against us or any of the Company Parties, or if we or the Company Parties have a dispute with or claim against you, in either case arising out of or relating to the Platform or these Terms of Use (a “Claim”), and you and we are not able to resolve such Claim through informal discussion as described below, you and Exuma (as applicable) each agree (i) to resolve such Claim exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Dallas, Texas; (iv) the arbitrator’s decision shall be controlled by these Terms of Use and any of the other agreements and policies referenced herein; (v) the arbitrator shall apply Texas law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive, consequential, indirect, or incidental damages against the you or any Company Parties and recovery shall be limited to monetary damages actually suffered; and (viii) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor any Company Parties shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com. This shall survive termination of these Terms of Use.

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.

Miscellaneous

You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Platform and the Content, including, without limitation, those governing your transmission or use of any software or data. You agree that these Terms of Use or any Additional Terms will not be construed against Exuma by virtue of having drafted these Terms of Use. If any provision of these Terms of Use or any Additional Terms or the Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use or any Additional Terms or Privacy Policy, which will remain in full force and effect. No waiver of any of these Terms of Use or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Exuma. The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect. 

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on the Web Site or (if applicable) delivering them to you via email. If you have previously provided an email address, you may be able to update your email address as described in our Privacy Policy. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision. These Terms of Use, including all additional terms, conditions, and policies on the Platform, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms of Use affects any non-waivable statutory rights that apply to you. 

You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Platform, or as otherwise described in the Privacy Policy.

Contacting Us

If you have any questions or concerns about these Terms of Use, please contact us by email at hello@getexuma.com.