Terms Of Use 

360Girls&Women LLC Terms of Use Agreement

Effective 2019

 

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY! BY CLICKING “ACCEPTED AND AGREED,” OR CONTINUING TO ACCESS AND USE THIS WEBSITE OR THE APPLICATION OR SYSTEM TO WHICH IT IS RELATED, YOU AGREE TO THIS AGREEMENT WITHOUT RESTRICTION, INCLUDING THE PRIVACY POLICY REFERENCED HEREIN. IT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND 360Girls&Women LLC. IF YOU DO NOT WISH TO ACCEPT THESE TERMS, DO NOT USE THE 360Girls&Women LLC SITE OR SERVICES.

 

IF YOU ARE A REPRESENTATIVE USER, AS DEFINED IN SECTION 2 BELOW, THIS AGREEMENT INCLUDES ADDITIONAL TERMS AT SECTION 3.

 

1. WHAT IS 360G&W, AND WHAT DOES IT DO?

360Girls&Women LLC (“360G&W,” “us,” “we”) is the company that owns and operates the System, including the Applications and Site, and provides the Services. 360G&W encourages girls and women to enrich their lives by making informed decisions about all aspects of their personal health – nutrition, fitness, beauty, and mental clarity (incorporating relaxation and rejuvenation tactics, and identifying and managing stressful events and triggers). We provide health and wellness information for all of life's stages, with a special focus on disease prevention and management, and achieving optimal health in a holistic fashion, through integrative and functional means.

360G&W primarily practices remotely, using a HIPAA-compliant platform. Services are provided primarily through web-based teleconferences, video counseling and conferencing, webinars, telephone, and text and email support, mainly in the state of Massachusetts. On occasion, face- to-face sessions may be used. Users may use 360G&W’s System to provide, access, monitor and share the user’s Individual Data, or Individual Data related to Individuals for which the User is a Representative, to the extent legally permissible. All terms capitalized in this paragraph are defined in section 2 below.

 

360G&W currently provides its services, including Medical Nutrition Therapy, in Massachusetts. To the extent that regulatory approvals are required in other states in which 360G&W provides services in the future, 360G&W representatives will secure such approvals. 360G&W may also contract with health professionals, including dietitians, who are licensed or approved in such other states.

2. IMPORTANT TERMS IN THIS AGREEMENT

“Applications” means applications, including mobile applications, made available to Users via this Site that use or feature 360G&W’s proprietary technology, and also includes the secure communications infrastructure that supports the Applications and the Site.

 

“Content” means all text, images, information, user instructions, data, and other content on the Site, including Individual Data.

 

“360G&W Services” or “Services” includes the Sites, Applications, Content, System access and other 360G&W Services described in this Agreement.

 

“Individual” means a person whose Individual Data (as defined herein) is shared with or collected by 360G&W. “Individual User” means a User who is also an “Individual.”

 

“Individual Data” means information (i) relating to an Individual’s past, present or future physical or mental health or condition; and/or (ii) that identifies an Individual or for which there is a reasonable basis to believe it can be used to identify the Individual. This includes such information downloaded, uploaded or otherwise entered into the System, or which a User accesses by using the System. It also includes information provided to, monitored or collected by 360G&W directly from You or another User via the System; and posted or viewed by the Individual on such devices, websites or apps.

 

“Representative User” means a User who is legally authorized to act as (i) a parent of a minor child; legal guardian, custodian or conservator; (ii) personal representative; (iii) power of attorney; (iv) Health Care Provider legally authorized to provide nursing services or treatment to an Individual; or (v) other person or entity legally authorized to access, collect and/or share Individual Data directly or from third parties designated by the Representative User, or via the System.

 

The “Site” means 360G&W’s internet accessible portal, or website at www.360GirlsandWomen.com, through which Users, such as You, may access and use the System, Services, Content and Individual Data.

 

The “System” means the Applications, Content, Site and related electronic system elements and infrastructure required to access, utilize and maintain the Services, Applications, Content and Site; and all enhancements, upgrades and updates made thereto.

 

“User” or “You” means any individual who uses the 360G&W Services and/or System as described in this Agreement.

3. IF YOU ARE A REPRESENTATIVE USER; CHILDREN UNDER 13

If You are a Representative User, You certify that (i) You are legally authorized to act on behalf of the Individual including, but not limited to, sharing Individual Data with, and receiving Individual Data from, 360G&W, and accessing Individual Data via the System; and (ii) You are either a parent of a minor child Individual; or, with respect to the Individual, the legal guardian, custodian or conservator; personal representative; power of attorney; a nurse providing nursing services to the Individual pursuant to a license issued by the appropriate regulatory authority in the location(s) in which the services are provided; or other person or entity legally authorized to access, collect and/or share Individual Data directly or from third parties designated by the Representative User, or via the System.

 

If You are a Representative for any Individual under the age of 13, an additional consent form with an authorized signature is required by law. Please contact 360G&W at Info@360Girlsand Women.com and we will send such a consent form. We will not collect, maintain, use, monitor or disclose any Data in regard to such an Individual until we receive the signed consent.

 

4. YOUR PERMITTED USE OF THE SYSTEM AND SERVICES

 

A. Your Permitted Use. Subject to these Terms of Use, You may use the System and Services, including the Applications, Content and Site. This includes entering Individual Data into the System, and accessing Individual Data via the System, to the extent legally permissible as a Representative User or Individual User. This limited license also allows you to print copies of Content and Individual Data, so long as Your copy includes all copyright and trademark notices indicating 360G&W’s proprietary interest in and rights to the Content.

 

B. Registration and User Account. In order to use the System or Services, You must register for an account with us (“User Account”). In establishing Your User Account, You represent and warrant that: (a) all registration information You submit is truthful and accurate; and (b) You will maintain the accuracy of such information. We may suspend or terminate access to Your User Account and the System and Services in accordance with the Termination provision below. You are responsible for maintaining the confidentiality of Your User Account information (including Your unique login and password), controlling access to Your User Account information, and for all activities that occur under Your User Account. Do not share your username and password with other individuals as this will violate the terms of this Agreement! You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of Your User Account. We are not responsible for any loss or damage arising from Your failure to comply with these requirements.

C. You are wholly responsible for the accuracy of information, including Individual Data, You enter into the System.

 

5. 360G&W PRIVACY POLICY

YOUR USE OF THE SITE AND THE SERVICES IS SUBJECT TO 360G&W’S PRIVACY POLICY, WHICH ALSO DESCRIBES HOW WE MAY USE THE INFORMATION THAT YOU PROVIDE. THE PRIVACY POLICY IS INCORPORATED BY REFERENCE INTO THIS TERMS OF USE AGREEMENT AND MAY BE ACCESSED VIA THE FOLLOWING LINK: 360GIRLS&WOMENLLC-PRIVACY POLICY.JAN2019.DOCX. THIS POLICY CONTAINS VERY IMPORTANT INFORMATION AND SHOULD BE REVIEWED CAREFULLY. YOUR ACCEPTANCE OF AND AGREEMENT TO THIS TERMS OF USE AGREEMENT ALSO INCLUDES YOUR ACCEPTANCE OF AND AGREEMENT TO THE PRIVACY POLICY.

 

6. 360G&W INTELLECTUAL PROPERTY RIGHTS

 

You acknowledge that 360G&W (or its licensors or suppliers, where applicable) owns any and all right, title and interest, including all copyrights, patents, trademarks, and trade secrets and other intellectual property rights, in and to the System and Services, including the Sites, Applications, Content and all other related components and features. This Agreement does not constitute a sale and conveys to You no ownership right in the System or Services, or in any other 360G&W intellectual property. All trademarks, logos and service marks (“Marks”) displayed on the Site and Applications are the property of 360G&W or its licensors, suppliers and other third parties. No license is granted to use any Mark, and You will do so only with 360G&W’s prior written consent.

 

Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of, or created from, any part of the System or Services shall be owned exclusively by 360G&W, and/or, as applicable, 360G&W’s third-party vendors or suppliers, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide, therein and thereto. This includes any suggestion, idea, enhancement request, feedback, recommendation or other information provided by You or any other person relating to the System or Services, and You hereby assign to 360G&W any and all of Your rights, title or interests in and to the foregoing.

7. LIMITATIONS ON YOUR USE

You agree to the following restrictions on Your use of the System and Services: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the System, Services or Content; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part or element of the System or Services; (c) You shall not access or use the System or Services in order to build a similar or competitive System, Service, Site or Application; (d) except as expressly stated herein, You shall not copy, reproduce, distribute, republish, download, display, post or transmit any part of the System or Service in any form or by any means; and (e) You shall not remove, authorize or permit any third party to remove any proprietary rights legend from the System or any other part of the System.

 

You further agree not to use any System or Service function to: (a) upload, transmit, or distribute any computer virus, worm, or any software intended to damage or alter a computer application or data or to strip, scrape, or mine data from the System; (b) send advertising, promotional materials, junk mail, spam, or any form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other Users except as legally permitted for Individual Users for which you are a Representative; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the System, or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the System or Services; (f) misrepresent Your identity or affiliation with any person, specifically including any Individual; (f) harass or interfere with another User's use of the Services; (g) to do any act that would be illegal, give rise to liability or otherwise violate any applicable law or this Agreement; (h) upload or transmit any communication or content of any type that infringes or violates any right of any party; or (i) post or transmit material that is or could be unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, false, misleading, hateful or embarrassing to any other person.

 

360G&W is free to use any information submitted to or through the System in violation of the above for any legally permissible purpose and in any manner whatsoever. 360G&W will fully cooperate with any law enforcement authority or court order related to use of the Services.

 

8. 360G&W IS NOT A MEDICAL SERVICE PROVIDER!

  • 360G&W does NOT provide medical diagnosis, medical treatment, or other medical services of any type, and issues no prescriptions. Medical Nutrition Therapy (“MNT”) services offered by 360G&W do not constitute “medical services,” as they may be provided by registered dietitians in many states that do not require the involvement of a physician or nurse.

  • Individuals and Users should consult with medical professionals regarding any and all diagnosis and treatment decisions.

  • If 360G&W determines, in its sole discretion, that your situation may require the services of a medical provider outside of 360G&W, 360G&W may refer you to such a medical provider. The decision as to whether to engage the outside provider is solely yours.

  • The services provided by 360G&W, described in Section 1 of this document, and the information shared on the 360G&W website are for educational purposes only and do not constitute medical advice. They are not intended to take the place of medical advice, diagnosis, or treatment from your physician or other healthcare professionals. Reliance on any information provided by 360G&W is solely at your own risk.

 

9. YOU MUST BE 18 YEARS OF AGE OR OLDER

 

Children under the age of eighteen are not permitted to register with or use the System or the Services. However, a Representative User may use the System or Services to share or access Individual Data with respect to any such person, to the extent permitted by law. If the child is under the age of 13, an additional consent form is required (as described in Section 3 above).

 

10. AGREEMENT REVISIONS AT ANY TIME

 

360G&W reserves the right to update or modify this Agreement at any time without prior notice. Your use of the System, Services or Site following any such change constitutes Your agreement to follow and be bound by this Agreement as revised. For this reason, we encourage You to review this Agreement each time You use this Site or the Services.

 

11. TERMINATION AND SUSPENSION

 

ANY UNAUTHORIZED USE OF THE SYSTEM OR SERVICES TERMINATES THE LICENSE GRANTED BY 360G&W WITHOUT THE NEED FOR FURTHER ACTION BY 360G&W. 360G&W also reserves the

right at any time to terminate this Agreement or to discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that we will not be liable to You for any modification, suspension or discontinuance of the Services or any portion thereof.

 

12. CHOOSING A SERVICE; PAYMENT; CANCELLATION:

 

You should select the services you desire. Professional recommendations will always be made for your consideration, but it is your sole responsibility to choose the service you wish to receive from 360G&W.

 

360G&W is not part of the “network” for any health insurance or managed care company. You may make payments to 360G&W in cash or major credit card (MasterCard and VISA), PayPal, or other web-based transfers via a secure platform. A superbill (a detailed itemized bill reflecting services provided by 360G&W) can be provided after services are completed, for your use in seeking reimbursement from your insurance or managed care company.

 

Interested clients must complete a free intake form and are encouraged to sign up for a discovery consultation prior to selecting services in order to determine what, if any, services provided by 360G&W align with their needs and goals.

 

If a client chooses to move forward, payment is due in full before the start of the consultation, appointment, or service, unless 360G&W offers a payment installment plan as a payment option. From the initial time of purchase, there is a 24-hour window for cancellation of that service. If you cancel the service within that time period, a refund will be issued to you or, at your request, a credit can be issued to use for purchase of another service(s) of equal value from 360Girls&Women. With your permission, your friends or family members can use any such credit once an appropriate questionnaire is completed. IF THE SERVICE IS NOT CANCELLED WITHIN 24 HOURS OF THE INITIAL PURCHASE, NO REFUNDS OR CREDITS WILL BE ISSUED.

13. LINKS TO OTHER WEBSITES

 

The System, including particularly the Site, may contain links or references to other websites, services and advertisements (each, a “Third Party Site”). When You link to a Third Party Site, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. Such Third Party Sites are not under 360G&W’s control and 360G&W is not responsible for the content or security of any such Third Party Site, or for the quality, performance or suitability of any products or services offered or sold on such Site.

 

360G&W may receive compensation when you click on links to Third Party Sites and products or services on those Sites, or purchase such products or services. Our opinions regarding certain products or services are based on our own experiences or assessments of those products or services. We hope and expect that your experiences with those products or services will be positive, but we do not provide any representation, promise or guarantee that you will be satisfied.

 

14. DISCLAIMERS

 

A. Disclaimer of Warranties. THE SYSTEM, SITE, CONTENT AND APPLICATIONS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. 360G&W MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED USING THE SERVICES OR VIA THE SYSTEM, INCLUDING ANY INDIVIDUAL DATA, AND EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE SAID INFORMATION. WE DO NOT WARRANT OR GUARANTEE THAT DATA MADE AVAILABLE FOR DOWNLOADING THROUGH THE SITE, SPECIFICALLY INCLUDING INDIVIDUAL DATA, WILL BE FREE OF INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

WE MAKE NO EXPRESS OR IMPLIED WARRANTY, REPRESENTATION OR ENDORSEMENT OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SYSTEM OR SERVICES, INCLUDING THE SITE, APPLICATIONS AND CONTENT, OR WITH RESPECT TO ANY INFORMATION (INCLUDING INDIVIDUAL DATA), PRODUCT, SERVICE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SYSTEM. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION (INCLUDING INDIVIDUAL DATA), PRODUCT, SERVICE OR OTHER MATERIAL PROVIDED THROUGH USE OF THE SYSTEM OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SYSTEM OR SERVICES, INCLUDING THE SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SYSTEM OR ANY RELATED FUNCTIONALITY IS TO STOP USING IT.

 

B. International Users and Non-US Residents. The System and the Services are administered by 360G&W from the United States. They are designed to comply with United States laws and regulations and are intended for use by United States residents only. Access to the System, including the Site and the Content, may not be legal if by certain persons or in certain countries outside of the United States. If You access the System, Services or any functionality of them from outside the United States or as a Non-US Resident, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.

15. INDEMNIFICATION

 

You agree to indemnify and hold 360G&W Inc., and its officers, employees, and agents, harmless, including for costs and attorney's' fees, from any claim or demand made by any third party due to or arising out of Your: (a) use of the System or Services; (b) violation of these Terms of Use (specifically including, but not limited to, Section 3 of these Terms of Use if that Section describes Your status); or (c) violation of applicable laws or regulations. 360G&W reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify 360G&W and You agree to cooperate with 360G&W’s defense of these claims. You agree not to settle any matter without 360G&W’s prior written consent. 360G&W will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

 

16. LIMITATION OF LIABILITY

 

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL 360G&W OR ANY OTHER PERSON WITH LINKS ON THE SITE BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SYSTEM OR SERVICES, OR YOUR RELIANCE ON ANY CONTENT INCLUDED THEREIN. THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA. THIS LIMITATION APPLIES, WITHOUT LIMITATION, TO ANY TECHNICAL MALFUNCTION, COMPUTER ERROR, LOSS OF DATA, OR OTHER INJURY ARISING FROM USE OF THE SYSTEM OR SERVICES.

 

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN 360G&W’S AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

 

17. ARBITRATION

 

Except for a claim of breach of User’s obligations as described in sections 6 and 7, any dispute between You and us shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitration shall be administered by JAMS, shall take place before a sole arbitrator and conducted in Boston, Massachusetts. Judgment upon the arbitral award may be entered by any court having jurisdiction. Notwithstanding anything contained herein to the contrary, each party agrees that any breach with respect to sections 6 or 7 is likely to cause 360G&W immediate and irreparable harm. Each party, therefore, agrees that, in the event of any such breach or threatened breach, 360G&W shall be entitled to injunctive relief in a court of law or equity without the necessity of bond, in addition to all other remedies available to 360G&W for such breach.

 

18. GOVERNING LAW AND JURY TRIAL WAIVER

 

Any claim relating to, and the use of, the Services, including the System, is governed by the laws of the Commonwealth of Massachusetts. By using this Site, You consent to personal jurisdiction in the federal and state courts located in the Commonwealth of Massachusetts, for any action arising out of or relating to this Site or Your use of the Services that is not subject to arbitration as per above. EACH PARTY UNCONDITIONALLY WAIVES THE RIGHT TO A JURY TRIAL OF ANY DISPUTE. The scope of this waiver is intended to be all encompassing of any and all disputes that may be filed in any court or other tribunal.

 

19. GENERAL PROVISIONS

 

You agree that regardless of any statute or law to the contrary, any claim arising in connection with Your use of the System or Services, must be brought within one (1) year of the date the event giving rise to such action occurred, or be forever barred.

 

All provisions regarding indemnification, warranty disclaimers, limitation of liability, governing law and proprietary rights shall survive this document’s termination for any reason.

 

If any provision of this document is invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision matching the intent of the original provision as closely as permitted by law.

 

No waiver of any right or provision of this Agreement shall be effective unless in writing and dated and signed by the party to be charged with waiver. The failure to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision.

 

This Agreement is personal to You and You may not assign it to anyone. This Agreement is not intended to benefit any third party, including Individuals who are not Users; does not create any third party beneficiaries; and may only be invoked or enforced by You or us.