1.1 This service is made available to you by RechargedMD, LLC, (“RechargedMD,” “we”, “us,” or “our”), through the website rechargedmd.com and related mobile applications (collectively, the “Site”). These Terms and Conditions of Use (“Terms”), together with our Privacy Policy, which is hereby incorporated by reference, form a binding contract between you (“you” or “your”) and RechargedMD and govern your use of and access to the Site and Offerings (defined in Section 2.1 below).
1.2 We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms.
1.3 As used in these Terms, references to our “Affiliates” include our owners, licensees, assignees, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.
1.4 BY USING THIS SITE AND OFFERINGS, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MUST NOT ACCESS THE SITE OR OFFERINGS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS, IS TO CEASE USING THE SITE AND THOSE PARTICULAR OFFERINGS.
1.5 BY AGREEING TO THESE TERMS, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE THE LEGAL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU AGREE TO THESE TERMS ON BEHALF OF AN ENTITY OR AGENCY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THESE TERMS AND THE PRIVACY POLICY AND FURTHER UNDERSTAND AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY OR AGENCY THESE TERMS OF USE AND THE PRIVACY POLICY. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO YOU AS AN INDIVIDUAL AND THAT ENTITY OR AGENCY.
2.1 Offerings. We provide a number of Offerings on or through the Site, including, but not limited to, career coaching consultations for users, consultations for leadership training, appointment scheduling, chat and messaging functions, surveys and assessments, professional support, and certifications and educational programs. We may, from time to time and in our sole discretion, change, modify, update, or remove any or all Offerings, with or without notice to you.
2.2 No Guarantee. Although we attempt to provide quality Offerings, you understand and acknowledge that we cannot and do not promise, represent, warrant, or guarantee specific results, or any results, from using the Site or Offerings. Any statement of success or results is for general informative purposes only.
2.3 Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. Though we try to make our Site and Offerings available at all times, except for planned time for maintenance, we make no warranty or guarantee that they will be available. We disclaim any warranty, express or implied, of availability of or access to the Site or Offerings. Any Offerings available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications, material posted by you, or personalization settings.
2.4 Hardware, Third-Party Networks and Software. We do [MP1] not warrant that your mobile device or computer will be able to access and support the Site or Offerings. You are solely responsible for ensuring that your mobile device or computer or can access and support the Site and Offerings. You also understand and agree that we have no control over the third-party networks or services that we may use to provide you with Offerings. Please ensure that if any Offerings are provided via electronic means, that your technology is working in advance of the scheduled appointment time. We are not responsible for issues or delays related to your technology.
3.1 Prior to creating an account registered through the Site (“Account”), you are solely responsible for ensuring that the use of the Site and Offerings in accordance with these Terms in your jurisdiction of residence is permitted by applicable laws. If such use is not permitted by laws, you shall not access or use the Offerings. We have the right to refuse to provide you with an Account at our sole and absolute discretion, for any reason or no reason at all, in which case you shall not use the Offerings.
3.2 To create an Account, fill in the appropriate form on the Site by providing the requested information. After providing the requested information, by clicking “Create Account” your Account is created. You understand and agree that by clicking “Create Account,” you represent that the information provided by you is true and accurate, Terms you will maintain and update this information as required in order to keep it current, complete, and accurate, and you expressly agree to these Terms and our use of the information you provide, in accordance with the Privacy Policy and these Terms. You will have the ability to maintain and periodically update the information used to create your account. Each user is only permitted to have one Account. If we believe, in our sole and absolute discretion, there are multiple Accounts being used, accessed, or otherwise associated with a single user, we may terminate your account or accounts. You are not required to create an Account to access the Site, however, some or most of the Site and Offerings will have limited or no functionality for users without an Account.
3.3 You may use the Offerings only within the intended purpose and permitted use. You acknowledge that the purpose of the Account is to provide you with access to the Offerings with tools to manage your information, communications, videos, photos, graphics, images, messages, music, sounds, chats, comments, posts, schedule, appointments, or other content created, uploaded, shared, published or distributed by you through the Site or Offerings, either directly or indirectly (“User Content”). Any use for other purposes or particular misuse of the Offerings or Site, is not permitted. You agree not to use your Account, the Site, or the Offerings or permit any other person to use your Account, the Site, or the Offerings in order to:
iii. upload, post, email, message, transmit or otherwise make available any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
vii. interfere with or disrupt the Site, Offerings, or servers or networks connected to the Site or Services, including but not limited to hacking or bypassing any measures we may use to prevent unauthorized access to the Site or Services; and/or
viii. violate any applicable national or international rules and laws, as well as rights of third parties;
xii. to interfere with or circumvent our security features;
xiii. or for any other reason we may, in our sole and absolute discretion, determine is inconsistent with the purpose of the Site or Offerings.
3.4 Failure to observe the limits of purpose and permitted use of your Account, the Site, and the Offerings is deemed a material breach of these Terms. We shall be entitled to – without prejudice to any other rights – terminate your Account in accordance with Section 9. You may not use or access the Site or Offerings if we have terminated your Account or otherwise elect not to provide you access to the Site or Offerings.
3.5 You acknowledge that your Account is personal to you, and you are obliged not to provide any other person with access to the Site or Offerings or portions of it using your email address, password, or other security information.
3.6 You are responsible for maintaining the confidentiality of your data and for monitoring and, if necessary, restricting access to your devices. Any email address, password, or any other information chosen by you or provided to you as a part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other Account information.
3.7 You will use any and all reasonable efforts to prevent unauthorized use your Account and will promptly notify us, in writing, if you suspect that an Account is compromised or misused or if any user ID, password or other access credentials are lost, stolen, compromised or misused. Except as required to login to the Site, our employees will never ask you for your password.
3.8 You understand, acknowledge, and agree that to the extent permitted by applicable law, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Account.
3.9 You understand, acknowledge, and agree that any Account information must be accurate, current, and complete, and you agree that any Account information will be kept accurate, current, and complete. We may identify you, send notices, statements, and other information by e-mail or through your Account.
3.10 You understand, acknowledge, and agree that we have the right, but not the obligation, to monitor your Account for any reason. You further understand, acknowledge, and agree that we may:
iii. suspend or terminate your access to the Account, at any time and without prior notice.
3.11 We neither endorse nor assume any liability for any User Content. Although we do not pre-screen, police or monitor User Content, we reserve the right to and may remove any User Content, in our sole discretion and without prior notice to you. RechargedMD and our Affiliates are not responsible for any failure or delay in removing such postings.
4.1 Third-Party Websites and Information. This Site may redirect or link to other websites, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we strive to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. We are not responsible for the accuracy, completeness, decency, or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with us, the Site, or Offerings, or any warranty of any kind, either express or implied. By accepting a redirect or link to other websites, you agree to adhere to the terms and conditions and privacy policies of those websites. You understand that these third-party websites and providers are not screened by RechargedMD and enter said websites and providers at your own risk.
4.2 Products and Promotions. From time to time, the Site or Offerings may include information about products and promotions offered by third parties. You may purchase products from or participate in promotions of third parties whose promotions or products are listed on the Site or Offerings. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the third party. We assume no liability, obligation, or responsibility for any part of any such purchase or promotion.
4.3 Affiliate Disclosure. We may have an affiliate relationship with third parties and affiliates to whose products and services we link or promote. Because of this relationship, we may earn a commission on products or services purchased by you from a third-party affiliate. We are not responsible for, and you agree not to hold us liable for, any products or services purchased by you from a third-party affiliate, nor are we responsible or liable for any loss or damage caused as a result of your use of any third-party product or service linked to from our Site or in our Services.
5.1. Intellectual Property Defined. “Intellectual Property” means all patent rights, copyright, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction, including without limitation, all information, data, contracts, databases, strategies, records, code, products, materials, services, software applications and tools, APIs, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics, whether or not any particular item is available to the general public.
5.2 The Site, Offerings, copyrightable material, trademarks, and other Intellectual Property objects displayed, distributed, or otherwise made available via the Site, is the exclusive property of RechargedMD, and its successors, assigns, licensors, or Affiliates. Unless specifically provided in the Terms, nothing in these Terms gives you a right to use the Site, Offerings, or its content, our trademarks, copyright, or other Intellectual Property of RechargedMD.
5.3 You understand, acknowledge, and accept that you are obtaining only limited rights to use, access, interact with, and view the Site and Offerings in accordance with these Terms and that irrespective of any use of the words “purchase,” or “sale,” or similar words, no ownership rights are transferred or assigned by us.
5.4 We grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Site and Offerings for your personal, non-commerical purposes as described in these Terms, for the period you access the Site and Offerings. Any Intellectual Property provided through or used to operate the Site and Offerings is licensed, not sold, to you. You acknowledge that you have no right to access the Site or Offerings in source-code form. We may inform you, by notice within the Offerings, on the Site, by email, or otherwise, that the Site or Offerings contain intellectual property governed by the license of a third party and you agree to abide by the terms of any such license.
5.5 Unless you have been permitted in writing to do so in a separate agreement with us, you have no right to rent, lease, lend, sell, redistribute, sublicense, copy, reverse, engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the Site, Offerings, or any related Intellectual Property owned or licensed by us.
5.6 Neither you, nor any person or entity acting on your behalf or using your Account may copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Site or Offerings, nor may you infringe upon any of the copyrights, trademarks, patents, trade secrets, or other intellectual property rights anticipated in the future contained in, on, or withing the Site or Offerings. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Site or Services.
5.7 By entering or making available User Content via the Site or Offerings, you represent and warrant that the User Content is in accordance with these Terms, does not violate the rights of third parties and that you are entitled to grant us the rights to amend, edit and translate, as well as to store, reproduce, disseminate, send, disclose non-publicly and otherwise make available your User Content, including, without limitation, all Intellectual Property you create (collectively, “Content Use”), in accordance with our Privacy Policy. You shall indemnify us against all claims brought by third parties against us in connection with the exercise our rights of Content Use.
5.8 For all User Content, you grant us, free of charge, a transferable, sublicensable, non-exclusive, irrevocable, worldwide right of use and application[MP1] and for the maximum term permitted under applicable law and which is unlimited in terms of content, to use these User Content for any purpose including but not limited to the purposes of:
iii. predictive analytics and insights;
6.1 We does not guarantee, represent or warrant that the information contained on this site is accurate, complete, reliable, verified, error free, or fit for any purpose. YOU AGREE THAT YOUR USE OF OUR SITE, OFFERINGS, AND ACCOUNTS IS AT YOUR OWN RISK. NEITHER RECHARGEDMD NOR OUR AFFILIATES, EMPLOYEES, OR AGENTS REPRESENTS OR WARRANTS THAT THE SITE, OFFERINGS, OR ACCOUNTS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE MATERIAL AVAILABLE THEREIN, INCLUDING ANY INFORMATION THAT MAY BE PROVIDED THEREWITH OR ANY RESULTS THAT MAY BE OBTAINED THEREFROM. NOR DO WE MAKE ANY WARRANTY THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, OFFERINGS, ACCOUNTS, SERVERS, OR HOSTING PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
6.2 We expressly disclaim any and all representations, warranties, and guarantees, express or implied, statutory or otherwise, including, without limitation, the warranties of merchantability and fitness for a particular purpose, non-infringement, compatibility, timeliness, security or accuracy, and any representations, warranties or conditions that may arise from a course of dealing or usage of trade.
6.3 We make no warranty regarding any transactions executed through a third party, or in connection with this Site or the Offerings, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with a third party is provided solely by such third party, and not by us. We are not liable for any representation, warranty, promise, or guarantee made by any third-party.
6.4 We reserve the sole right to either modify or discontinue the site, including any offerings or features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, the addition of free or fee-based services or changes to limitations on allowable content. Any new features that augment or enhance the then-current offerings on this site shall also be subject to these terms of use.
6.5 The Site, Offerings, and information contained in it, such as text, graphics, images, and other material are for informational purposes only. RECHARGEDMD DOES NOT PROVIDE MEDICAL ADVICE, MEDICAL SERVICES, OR THERAPY. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED THROUGH USE OF OR ACCESS TO THE SITE OR OFFERINGS. While your consultant is a licensed physician, use of or access to the Site or Offerings is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information on this Site or through the Offerings.
If you think you may have a medical emergency, call your primary care physician or 911 immediately. Reliance on any information provided by us, our employees, our Affiliates, other users, or any other person or entity appearing on the Site or is solely at your own risk. RechargedMD is not responsible for any medical issues or effects resulting from any such reliance.
7.1 Pricing. All costs will be paid upfront. Both you and RechargedMD may cancel at any time for any reason prior to the expiration of the plan with seven (7) days written notice. If the plan is cancelled early, you will be refunded a pro-rated amount. You will be charged for any consultations that have been completed with no refunds.
7.2 Payment Methods. We accept payments from all major credit cards and PayPal. Should an issue with your credit card or PayPal arise, please contact those respective companies. We are not liable for any issues or delays related to the use of any third-party payment processor.
7.3 Rescheduling. If you need to reschedule a consultation, you must notify us at least twenty-four (24) hours in advance of your scheduled consultation. If you notify us within the twenty-four (24) preceeding your scheduled consultation or miss your consultation without notifying us, you will be charged for the consultation without a refund. We will attempt in good faith to reschedule your consultation, but we cannot guarantee that your consultation will be able to be rescheduled.
8.1 In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profit loss; your use of the information or content contained on the site; or your reliance upon the accuracy of information contained on the site, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any website referenced or linked to from this site.
Further, we shall not be held liable in any way for third party promises regarding our offerings or content or for assistance in conducting commercial transactions with the third party through this site, including without limitation the sale of products or services.
8.2 IN NO EVENT SHALL RECHARGEDMD, ITS EMPLOYEES, AFFILATES, THIRD-PARTY CONTENT PROVIDERS, VENDORS, SUCCESSORS, ASSIGNS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AND MEMBERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES WHATSOEVER ARISING FROM:
iii. EMPLOYMENT DECISIONS AFFECTING YOU OR OTHER PERSONS, OR
8.3 In addition to any other indemnifications stated in these Terms of Use, you agree to indemnify, defend, and hold harmless RechargedMD and its Affiliates, vendors, licensors and their respective owners, directors, officers, employees, agents, subsidiaries, representatives, successors and assigns from and against all claims, demands, liabilities, suits, actions, judgments, awards, damages, losses, costs and expenses, including attorneys’ fees, arising out of, related to, or resulting from:
iii. your reliance upon the information provided on or through the Site or Offerings
9.1 Grounds for Termination. You agree that we may, in our sole and absolute discretion, terminate, or suspend your access to all or part of the Site or Offerings with or without notice and for any reason or no reason at all, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for refusing to permit your access to this Site or Offerings, and reporting you to the proper authorities, if necessary.
9.2 Your Termination. If you have registered for an Account, you may also terminate these Terms at any time, for any reason or no reason at all, by contacting us via email to admin@rechargedmd.com and requesting termination.
9.2 Effect of Termination. Upon termination, your right to use the Site or Offerings will immediately cease and any license granted herein will be revoked. As a result of Account closure and your termination of these Terms, YOU MUST NOT ACCESS THE SITE OR OFFERINGS. Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to User Content you keep on or through the Site or Offerings and that that any closure of your Account may involve deletion of any User Content stored in your Account for which we have no liability whatsoever. We, in our sole discretion and as permitted or required by law, may retain some or all of your Account information. We are not liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection this Section 9. Sections 1, 3.11, 8, 11.1, 11.2, 11.3, 11.4, shall survive termination, as well as any other provision that, by nature of the understanding of that section must be effective after termination.
10.1 We may occasionally contact you with follow up, marketing, or advertisements via email that we think would be of interest to you. If you receive contact from us, with or without an Account, then you have shared your interest in receiving information in the future, or have made a previous purchase or inquiry on our Site or Offerings. Out of respect to our clients, we value your right not to receive this correspondence. In the event that you no longer wish to receive contact from us (with the exception of information directly pertaining to your order or inquiry) you can contact us by email at admin@rechargedmd.com or click “Unsubscribe” at the bottom of any of our emails to opt-out of our mailing list.
11.1 Governing Law. These Terms shall be governed and construed in accordance with the laws of the State of California without regard to its conflicts of law provisions. Except as provided in Section 11.2, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts of Oakland County, California.
11.2 Dispute Resolution. All claims and disputes arising under or relating to this Agreement are to be settled by mediation, and if the matter is not resolved through mediation, then it shall be heard before binding arbitration in the State of California. Arbitration shall take place in Alameda County, California. The arbitration shall be conducted on a confidential basis pursuant to the rules of JAMS (Judicial Arbitration and Mediation Services). Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact. An award of arbitration may be confirmed in a court of competent jurisdiction. The prevailing party shall be entitled to receive from the other party its attorneys’ fees and costs incurred in connection with any arbitration proceeding and the enforcement of any award. Please note that the arbitration dispute resolution procedures are in lieu of relief through the courts.
11.3 Class Action Waiver. User agrees that any claims brought can only be brought in an individual capacity and not as a member of a purported class or other representative action. The enforceability of this provision does not affect the enforceability of the Arbitration clause in 11.2.
11.4 Notices. All notices to RechargedMD shall be in writing and shall be sent to admin@rechargedmd.com. You agree to allow us to submit notices to you using the email address provided by you during your creation of an Account, or as otherwise provided by you to us. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.
11.5 Titles and Headings. Titles and headings of sections of this Agreement are for convenience only and shall not affect the construction of any provision of this Agreement.
11.6 Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Site or Offerings arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
11.7 Severability. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
11.8 No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
11.9 Assignment. You understand, acknowledge, and agree that we have the right to assign or transfer these Terms of Use and its rights and obligations hereunder to any third party. You understand, acknowledge, and agree that you and your Authorized Users shall not assign or transfer your rights or subcontract or delegate the performance of any of your obligations under these Terms of Use without our prior written consent, which may or may not be given, withheld, or delayed at our sole and exclusive discretion.
11.10 Entire Agreement. These Terms and Privacy Policy constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These Terms may not be altered, supplemented, or amended by the use of any other document, unless expressly agreed to in writing and executed by both parties. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
11.11 International Use. Although this Site may be accessible worldwide, those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.
