Date of Last Revision: 1 October , 2024
AMONG OTHER ACTIVITIES, AURA OF SERENITY CONSULTING LLC
ENABLE COORDINATION AND COMMUNICATION WITH A LICENSED HEALTH CARE PROVIDER. IT
DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN NOR IS ANY
PHYSICIAN-PATIENT RELATIONSHIP CREATED BETWEEN YOU AND AURA OF SERENITY OR ANY
EMPLOYEE, CONTRACTOR, OR OTHER REPRESENTATIVE OF AURA OF SERENITY.
THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL
CONDITIONS OR CONCERNS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR MENTAL
HEALTH CRISIS, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT ACCESS THE SERVICES
FOR EMERGENCY OR CRISIS CARE.
THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY
TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING
ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT BY A LAWSUIT OR RESORT TO COURT
PROCESS. THIS MEANS THAT (I) YOU ARE GIVING UP, AND YOU WAIVE, THE RIGHT TO
HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY OR A JUDGE
(EXCEPT AS SET FORTH EXPRESSLY IN SECTION 16), AND (II) THAT YOU ARE GIVING UP,
AND YOU WAIVE, THE ABILITY TO PURSUE ANY SUCH DISPUTE IN A CLASS, CONSOLIDATED,
OR REPRESENTATIVE ACTION OR PROCEEDING.
Introduction
AURA OF SERENITY CONSULTING LLC, AURA OF SERENITY and its
affiliates (collectively, “AURA OF SERENITY ,” “we “, “us”, or “our”) own and
operate the website located at https://auraofserenity.com (the “Website”). We
refer to the Website and other services provided by Aura of Serenity together
herein as the “Services.” In these Terms of Use, the terms “you” and “yours”
refer to the person using the Services.
These terms and conditions of use (“Terms of Use”) describe
your rights and responsibilities with regard to the Services. Your access to
and use of the Services is subject to these Terms of Use, our Privacy Policy,
as well as all applicable laws and regulations. In using certain parts of the
Services, you may be presented with additional or supplementary terms regarding
the use of those specific Services, and you agree to review and be bound by
such additional terms.
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY SET
FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.
YOU UNDERSTAND THAT BY ACCESSING OR USING THE SERVICES, YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY
AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART
OF THESE TERMS OF USE, YOU MAY NOT USE THE SERVICES.
THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.
These Terms of Use Contain the Following Sections:
Services Overview, Availability, and EligibilityTelehealth
and PharmacyRegistration and Account CreationPrivacyOwnership and License to
Use the ServicesUser Content and License to Use Such ContentCopyright
NoticesRestrictions on UseDisclaimer of WarrantiesLimitation of
LiabilityIndemnificationThird-Party Links and Features on the ServicesChanges
to the Terms of Use and the ServicesPaymentsTerminationGoverning Law; Dispute
Resolution; Arbitration; Venue; SeverabilityCommunications by Text Message and
EmailMiscellaneous TermsContact UsAdditional Terms for Specific Products and
Services Availability
Certain of our Services are currently only available to
individuals located in certain states. We are currently only authorized to
provide services in Texas . If you live in any states not listed, our Services
are unavailable to you, and you will not be authorized to perform check out for
Services.
1. Services Overview, Availability, and Eligibility
Overview of the Services. The Services may include (i)
providing individuals with information on health care and wellness; (ii)
providing individuals with access to partner pharmacy services; (iii) providing
individuals with access to technology-oriented tools for addressing certain
health issues; (iv) development and gathering of health care records and health
care information with retention of the same for use in healthcare provider
appointments, communications, and pharmacy services all of which are provided
by third-party unaffiliated providers; (v) administrative support in connection
with scheduling, payment for health care provider services, and payment for
pharmacy services; and (vi) telecommunications support for using the Services
as a means of direct access to a health care provider for communication,
consultations, assessments, and treatment by such health care organizations and
their providers.
Availability. Certain of our Services are currently only
available to individuals located in certain states. You will be provided with
notice of such limitations on availability of certain Services in your location
when using those parts of the Services.
Aura of Serenity is based in the United States. We provide
the Services for use only by persons located in the United States. We make no
claims or representations that the Services or any material included in the
Services are accessible or appropriate outside of the United States. Access to
the Services may not be legal by certain persons or in certain countries. If
you access the Services from outside the United States, you do so at your own
risk and you are solely responsible for compliance with local laws, including
export laws as applicable.
Eligibility. Our Services are intended for use by you only
if you are 18 years of age or over. To qualify to use the Services, the
following must be true, and by accessing or using the Services, you represent
and warrant that they are true:
You are age 18 or over or, if you are accessing the Services
in violation of the Eligibility requirement related to age, you otherwise have
the express consent of your parent or legal guardian. Note, however, that some
Services may only be available to individuals over the age of 21, and in such
circumstances, you will be notified of this requirement. You are located in a
state where we operate (depending on the type of Services).You agree to be
legally bound by and comply with these Terms of Use. You are located within a
state where we lawfully operate
You understand and agree that satisfying the above
requirements does not guarantee that you will receive Services. In addition to
the above requirements, Aura of Serenity and certain affiliated professional
entities reserve the right to change or include new requirements as deemed
appropriate in their sole discretion without providing prior notice to you.
To access or use the Services, you must have compatible
devices, access to the Internet, and certain necessary software. Fees and
charges may apply to your use of mobile services and to the Internet.
2. Telehealth and Pharmacy Telehealth Services. Telemedicine
involves the delivery of health care services using electronic communications,
information technology, or other means between a health care provider and a
patient who are not in the same physical location. Telemedicine may be used for
diagnosis, treatment, follow-up and/or related patient education, and may
include, but is not limited to: Electronic transmission of medical records,
photo images, personal health information, or other data between a patient and
health care provider.
Interactions between a patient and health care provider via
audio, video, and/or data communications; and Use of output data from medical
devices, sound, and video files. The electronic systems used in the Services
will incorporate network and software security protocols to protect the privacy
and security of health information and will include measures to safeguard your
data to ensure its integrity against intentional or unintentional corruption or
unlawful access. By accepting the Terms of Use, you agree and consent to Aura
of Serenity the affiliated physician practices, the health care providers
contracted or employed by the affiliated physician practices, and any other
health care organization(s) or provider(s) with whom we partner to provide the
Services to you sending you disclosures, notices, messages, reports, and other
communications either in writing or electronically including without limitation
through your account or by email. It is your responsibility to monitor these
communications. You acknowledge and agree that you will not hold us, any
affiliated physician practice, any health care provider contracted or employed
by an affiliated physician practice, or any health care organization(s) or
provider(s) with whom we partner to offer the Services to you liable for any
loss, injury, or claim of any kind resulting from your failure to read these
communications or for your failure to comply with any treatment recommendations
contained in these communications. Moreover, you acknowledge and agree that no
means of electronic transmission can be guaranteed to be 100% secure. By
accessing or using the Services, you agree to us transmitting health and other
information to you electronically and that any information sent to or signed by
you or us electronically shall be deemed equivalent to as if such information
was provided or signed in writing. Consent to Telehealth. We provide websites
and applications through which you can obtain an online visit with an
independent, licensed health care professional (a “Provider“) and mail order
pharmacy services for any medications prescribed to you (collectively, the
“Services“). The Services constitute a form of telehealth, which involves the
delivery of health care services using electronic communications between a health
care provider and a patient who are not in the same physical location. We
believe that telehealth has the potential to provide a number of benefits,
including convenient, discreet, and affordable care. Telehealth may be used for
diagnosis, treatment, follow-up and/or patient education. Telehealth may
include, but is not limited to:
Electronic transmission of medical records, photo images,
personal health information or other data between a patient and a Provider;
Interactions between a patient and a Provider via audio,
video and/or asynchronous data communications, such as secure messaging and
email; and Use of data from remote monitoring devices, medical devices, and
sound or video files. The websites, applications, and information systems used
in the Services incorporate network and software security protocols to protect
the privacy, security, and integrity of your health information.
Possible Benefits of Telemedicine
Telehealth can make accessing medical care easier, more
efficient, and less expensive.
You can obtain medical care and treatment at times that are
convenient for you.
You can interact with providers without the necessity of an
in-office appointment.
Possible Limitations of Telehealth
Information transmitted to your Provider may not be
sufficient to allow for appropriate medical decision making or your Provider
may not be able to provide medical treatment for your condition via telehealth,
and you may be required to seek alternative care.
The inability of your Provider to conduct certain tests or
assess vital signs in person may in some cases prevent the Provider from
diagnosing or treating you or identifying that you need urgent medical care.
Your medical care could be delayed due to technological
failures that interrupt the Services.
Data security protocols or safeguards could fail and cause a
breach of your identified health information.
Due to the nature of the Services and regulatory
requirements in certain jurisdictions, your treatment options, especially
pertaining to certain prescriptions, may be limited.
By accepting these Terms of Service including this Consent
to Telehealth, you acknowledge your understanding and agreement to the
following: I have read this Consent to Telehealth carefully and understand the
risks and benefits of the use of telehealth in my medical care and treatment.I
give my informed consent to receive medical care and treatment by telehealth
from Providers affiliated with Aura of Serenity Consulting LLC I understand
that the delivery of health care services via telehealth is an evolving field
and that the use of telehealth in my medical care and treatment may include
uses of technology not specifically described in this consent.I understand that
while the use of telehealth may provide potential benefits to me, as with any
medical care service no such benefits or specific results can be guaranteed. My
condition may not be cured or improved, and in some cases, may get worse.I
understand that I have a duty to answer questions about my health and medical
history honestly and accurately, and to keep all of my health care providers,
including my Provider, up to date on any changes in my health, symptoms,
treatments, or medications.I understand that withholding or providing
inaccurate information about my health and medical history in order to obtain
treatment may result in harm to me, including, in some cases, death.I
understand that my Provider may determine in his or her sole discretion that my
condition is not suitable for treatment using telehealth, and that I may need
to seek medical care and treatment in-person or from an alternative source.I
understand that the Services enable coordination and communication with a
Provider and do not replace my relationship with any existing health care
provider.I understand that I cannot obtain emergency care through the Services,
and I should call 9-1-1 and seek immediate medical treatment if I am
experiencing a medical emergency.I understand that my information, including my
identified health information, will be collected, used, shared, and protected
as described in the Privacy Policy.I understand that I have access to all of my
health and wellness information pertaining to my telehealth consultation with
my Provider in accordance with applicable laws and regulations.
I understand that AURA OF SERENITY CONSULTING LLC and my
Provider will share my telehealth record with my other health care providers
only with my consent and at my request. I understand that I can have my
telehealth record sent to my other health care providers by emailing Aura of
Serenity at [email protected] and providing my consent along
with my health care provider’s name, address, and phone number.
I understand that a technical failure affecting the Services
may result in the loss of my information and/or interrupt my online visit. In
addition to any disclaimers that I agreed to by accepting this Terms of
Service, I agree to hold Aura of Serenity harmless for any loss of information
or delay in care resulting from a technical failure.
I understand that I can withhold or withdraw this consent at
any time by emailing Aura of Serenity at [email protected]
with such instruction. Otherwise, this consent will be considered renewed upon
each new telehealth consultation with a Provider.
I agree and authorize Aura of Serenity and my Providers to
collect, use, and share my information, including my identified health
information and other information regarding the telehealth exam, as described
in the Privacy Policy and for any other purposes permitted by law, including
for treatment, payment, and health care operations purposes.
All capitalized terms used in this Consent to Telehealth but
not defined herein have the meanings assigned to them in the Terms of Use. For
avoidance of any doubt, the terms “ Aura of Serenity “, “we“, “us“, or “our“
refer to Aura of Serenity Consulting LLC and the terms “you“ and “yours“ refer
to the person using the Services.
Your Relationship with Aura of Serenity does not provide any
medical services, including via the Services. Rather, Aura of Serenity provides
a technology platform for you to access a health care provider who is employed
or contracted with a partner physician practice and obtain access to additional
information, which you may or may not choose to utilize in planning your health
care and wellness. The health and wellness resources made available through our
Services are for informational purposes only and are not a substitute for
direct in-person health care services in all cases; nor are they an indicator
of specific results. The decision to focus on diagnosis, treatment
recommendations, or both, rests with you and the health care provider. You
understand that by coordinating and consulting with an affiliated physician
practice or its health care providers through the Services, you are not
entering into a physician-patient relationship with Aura of Serenity. Except
for specific communications received from an affiliated physician practice or
its health care providers, none of the information you receive through the
Services should be considered medical advice.
No Insurance Accepted, Notice of Your Financial
Responsibility. Aura of Serenity and the affiliated physician practices do not
accept commercial health insurance plans, are not in-network with any
commercial health insurance plans and are not enrolled with federal or state
health care programs, such as Medicare and Medicaid. By choosing to use the
Services, you are specifically choosing to obtain products and services on a
cash-pay basis outside of any commercial health insurance plan or federal or
state health care program. Thus, you are solely responsible for the costs of
any services or products provided to you. If you are a federal health program
beneficiary, you agree that neither you, Aura of Serenity , the affiliated
physician practices, or any of the health care organization(s) or provider(s)
with whom we partner to provide health care and pharmacy services to you will
submit a claim for reimbursement to any federal or state healthcare program for
the costs of the services and products provided to you through the Services.
Please also see Section 14 below for additional terms applicable to your
payment obligations.
Pharmacy Services. If you receive a prescription as a result
of your use of the Services, they will be provided by a Pharmacy. You give us
consent to send and disclose to the Pharmacy all information provided by you,
health care records, and other applicable health care information and personal
information (such as your name, location, and demographic information) so that
you may receive pharmacy services.
You acknowledge that your medication may also not be shipped
in child-resistant packaging and that you must keep it out of the reach of
children.
3. Registration and Account Creation Although certain parts
of the Services are accessible without creating an account, you may be required
to create an account to access and use certain parts of the Services. If you
create an account, you agree to provide information that is accurate, complete,
and correct, and to accurately maintain and update any information about
yourself that you have provided to Aura of Serenity . If you do not maintain
such information, or Aura of Serenity has reasonable grounds to suspect as
much, Aura of Serenity has the right to suspend or terminate your account and
your use of the Services. You agree to keep confidential your username and
password and to exit from your account at the end of each session.
You are responsible for all activities that occur under your
account and for maintaining the confidentiality of your password. You also
agree to immediately notify Aura of Serenity of any unauthorized use of your
username, password, or any other breach of security that you become aware of
involving or relating to the Services by emailing Aura of Serenity a at
[email protected]. Aura of Serenity may take any and all
actions it deems necessary or reasonable to maintain the security of the Services.
You are responsible for changing your password promptly if
you think it has been compromised. You may not transfer or share your password
with anyone or create more than one account. You may not use anyone else’s
account at any time. Aura of Serenity explicitly disclaims liability for any
and all losses and damages arising from your failure to comply with this
section.
Privacy Aura of Serenity understands the importance of
confidentiality and privacy regarding your health information. Please see our
Privacy Policy available at https://Auraofserenity.com/privacy-policy for
information about how we collect and use your information The Privacy Policy is
hereby incorporated into these Terms of Use by reference and constitute a part
of these Terms of Use.
5. Ownership and License to Use the Services
Ownership. As between Aura of Serenity and you, Aura of
Serenity is the sole and exclusive owner of all right, title and interest in
and to the Services and their content, features and functionality (including,
without limitation, all information, software, text, displays, images, video,
audio, design, selection, arrangement and look and feel) (“Services Content”).
You are not permitted to reproduce, publish, distribute, modify, reverse
engineer, disassemble, create derivative works of, publicly display, publicly
perform, republish, download, store, transmit, sell, or participate in any sale
of, or exploit in any way, in whole or in part, any of the Services or Services
Content except as permitted by these Terms of Use or otherwise by Aura of
Serenity expressly in writing. Any copy, modification, revision, enhancement,
adaptation, translation, or derivative work of the Services or Services Content
shall be owned solely and exclusively by Aura of Serenity or its licensors,
including all intellectual property rights therein. You may not access or use
for any commercial purposes any part of the Services or Services Content.
Certain names, logos, and other materials displayed in and
through the Services may constitute trademarks, trade names, service marks or
logos (“Marks”) of Aura of Serenity or its affiliates. You are not authorized
to use any such Marks without the express written permission of Aura of
Serenity . Ownership of all such Marks and the goodwill associated therewith
remains with us or our affiliates. Your License. Subject to your compliance
with these Terms of Use, we hereby grant to you a personal, limited, revocable,
non-exclusive, and nontransferable right to view, download, access, and use the
Services and Services Content solely for your personal and non-commercial use
and only as permitted under these Terms of Use and the Privacy Policy. No other
right, title, or interest in or to the Services or Services Content is
transferred to you, and all rights not expressly granted are reserved by Aura
of Serenity or its licensors.
6. User Content and License to Use Such Content Except as
provided in our Privacy Policy; or information governed by applicable federal
and state-specific privacy laws and regulations; you understand and agree that
any information you provide through the Services, whether by direct entry,
submission, email or otherwise, including, but not limited to, data, questions,
comments, forum communications, or suggestions/feedback, will be treated as
non-confidential and non-proprietary and will become the property of Aura of
Serenity and/or (i) the affiliated physician practices, or (ii) individual
health providers utilizing the Services (“User Content”). Except as provided in
our Privacy Policy or subject to any applicable laws, User Content may be used
by Aura of Serenity for any purpose, including, without limitation,
reproduction, solicitation, disclosure, transmission, publication, broadcast,
and posting, and Aura of Serenity shall be free to use such User Content for
any purpose whatsoever, including, without limitation, developing and marketing
products using such information, without any compensation owed to you. You
hereby grant Aura of Serenity , our service providers, our successors and
assigns, our affiliated health care providers, and their affiliated physician
practices , the fully transferable and sublicensable right and license to use,
reproduce, modify, analyze, perform, display, distribute, and otherwise
disclose to third parties any data or information you submit on or through the
Services for the purposes of providing Services to you; marketing Services to
you; conducting research or analyses of such data; and designing, developing,
implementing, modifying and/or improving new, current or future features,
products and services of Aura of Serenity using such data. You understand that
any User Content you publish in public forums will be viewable and copyable by
other users of the forum and potentially the public at large.
WITHOUT LIMITATION OF THE FOREGOING, WE DO NOT ASSUME
RESPONSIBILITY OR LIABILITY FOR THE USER CONTENT FOUND IN ANY PUBLIC FORUM, NOR
FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR
THE USER CONTENT CONTAINED THEREIN.
You acknowledge, consent, and agree that we may access,
monitor, preserve, and disclose your information and/or any User Content you
submit or make available for inclusion on the Services, if required to do so by
law or in a good faith belief that such access, preservation, or disclosure is
permitted by law or reasonably necessary or appropriate for any of the
following reasons: (1) to comply with legal process; (2) to enforce these Terms
of Use, our Privacy Policy, or other contracts with you, including investigation
of potential violations thereof; (3) to respond to claims that any content
violates the rights of third parties; (4) to respond to your requests for
customer service; and (5) to protect the rights, property, or personal safety
of Aura of Serenity , its agents and affiliates, its users, and the public.
This includes exchanging information with other companies and organizations for
fraud protection, and spam/malware prevention, and similar purposes.
7. Copyright Notices Aura of Serenity reserves the right to
remove any content or any other material or information available on or through
our Services, at any time, for any reason. Aura of Serenity otherwise complies
with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable
to Internet service providers (17 U.S.C. § 512, as amended), and responds to
clear notices of alleged copyright infringement. This section describes the
procedure that should be followed to file a notification of alleged copyright
infringement with Aura of Serenity.
Notification of Claimed Copyright Infringement. If you have
objections to copyrighted content or material made available on or through our
Services, you may submit a notification to our
Any notification to Aura of Serenity under 17 U.S.C. §
512(c) alleging copyright infringement must include all of the following
information:
An electronic or physical signature of the person authorized
to act on behalf of the owner of the exclusive right being infringed
An identification of the copyrighted work or other
intellectual property that you claim has been infringed or, if multiple
copyrighted works are covered by a single notification, a representative list
of such works
An identification of the content or material that you claim
is infringing and where it is located on our Services
Information sufficient for Aura of Serenity to contact you,
such as your address, telephone number, and/or email address
A statement by you that you have a good-faith belief that
the use of the content or material of which you are complaining is not
authorized by the copyright owner, its agent, or the law
A signed statement by you that the above information in your
notice is accurate and that, under penalty of perjury, you are the copyright
owner or authorized to act on the copyright owner’s behalf
8. Restrictions on UseYou agree that in using or accessing
the Services, you will not, and will not attempt to:
impersonate any person or entity or otherwise misrepresent
your affiliation with a person or entity
violate any local, state, national or international law
(including export laws)
reverse engineer, disassemble, decompile, or translate any
software or other components of the Services
distribute, input, upload, transmit, or otherwise run or
propagate any virus, application, Trojan horse, or any other harmful computer
code that could damage or alter a computer, portable device, computer network,
communication network, data, or the Services, or any other system, device, or
property
access or use the Services in any manner or for any purpose
that infringes, misappropriates, or otherwise violates any intellectual
property right or other right of any third party
use any robot, spider, scraper, or other automated means to
access the Services for any purpose without our express prior written
permission or bypass our robot exclusion headers or other measures we may use
to prevent or restrict access to the Services
license, sublicense, sell, resell, transfer, assign,
distribute or otherwise commercially exploit or make available to any third
party the Services, Service Content, or User Content other than as expressly
permitted herein
create or develop competing products or services or for any
other purpose that is to Aura of Serenity detriment or commercial disadvantage.
damage, destroy, disrupt, disable, impair, overburden,
interfere with, or otherwise impede or harm in any manner the Services, Service
Content, or User Content, in whole or in part
use framing techniques to enclose any trademark, logo, or
the Services without our express prior written consent
post, transmit or otherwise disseminate any content that, as
we determine at our sole discretion: (i) is unlawful, harmful, harassing,
fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene,
hateful, violent, demeaning, intimidating, discriminatory, or racially,
ethnically or otherwise objectionable, or infringes our or any third party’s
intellectual property or other rights, (ii) is derogatory or harmful to our
reputation, the reputation of our licensors, affiliated healthcare providers, affiliated
healthcare practices, or any of our or their respective officers, members,
employees, representatives, licensors and/or suppliers, in any way; (iii) may
incite violence or other unlawful activity; or (iv) is harmful to children in
any manner; or (iv) attempts to obtain the personal information of other users
harm, harass, threaten, abuse, defame, demean, discriminate
against, or intimidate any affiliated health care provider who provides health
care services related to the Services, as we determine in our sole discretion
disrupt, interfere with, violate the security of, or attempt
to gain unauthorized access to the Services or any computer network
bypass, breach, avoid, remove, deactivate, impair,
descramble, or otherwise circumvent any security device, protection, or
technological measure implemented by Aura of Serenity or any of our service
providers to protect the Services.
remove, delete, alter, or obscure any trademarks,
specifications, warranties, or disclaimers, or any copyright, trademark,
patent, or other intellectual property or proprietary rights notices from the
Services or any Service Content or User Content
use any manual process or automated device to monitor or
copy any content made available on or through the Services for any unauthorized
purpose except as permitted herein
to transmit, or procure the sending of, any advertising or
promotional material without our prior written consent, including any “junk
mail”, “chain letter” or “spam” or any other similar solicitation
copy, duplicate, download, store in a retrieval system,
publish, transmit or otherwise reproduce, transfer, distribute, store,
disseminate, aggregate, use as a component of or as the basis for a database or
otherwise use in any form or by any means any data, text, reports, or other
materials related to Aura of Serenity or third-party content from the Services
otherwise use the Services in any manner that exceeds the
scope of use granted herein
encourage or enable any other individual to do any of the
foregoing
9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE
RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. AURA OF SERENITY AND ITS AFFILIATES, INCLUDING
WITHOUT LIMITATION ALL AFFILIATED PHYSICIAN PRACTICES, AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS
(COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS
OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR
PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY,
CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR
MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR
SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR
REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF
THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER AURA OF
SERENITY NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED
BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. IT IS YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY
OR USEFULNESS OF THE SERVICES, SERVICES CONTENT, AND USER CONTENT. FURTHERMORE,
AURA OF SERENITY DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR
FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK,
VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND AURA
OF SERENITY CONSULTING LLC DISCLAIMS ANY LIABILITY RELATING THERETO. YOU
UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED
THROUGH THE USE OF THE SERVICES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR
INFORMATION, OR YOUR RELIANCE ON ANY SUCH CONTENT, MATERIAL, AND/OR
INFORMATION.
10. Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE
LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL AURA OF SERENITY
CONSULTING LLC , ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY
PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR
EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY),
CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL,
USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM
FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR
PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT
OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SERVICES
OR ANY SERVICES CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED
TO YOUR USE OF THE SERVICES. THIS IS TRUE EVEN IF AURA OF SERENITY CONSULTING
LLC OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
LOSSES.
IN NO EVENT SHALL AURA OF SERENITY CONSULTING LLC OR IT’S
RELATED PERSONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),
OR OTHERWISE) EXCEED IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED DOLLARS
($100), OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES IN
THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability for damages such as in
this section. Accordingly, some of these limitations may not apply to you. If
you are a New Jersey resident, or a resident of another U.S. state that permits
the exclusion of these warranties and liabilities, then the limitations in this
section specifically do apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless AURA OF
SERENITY CONSULTING LLC , its affiliates, its affiliated health care practices,
its subsidiaries, and all of their directors, officers, employees, contractors,
licensors, suppliers, representatives, proprietors, partners, shareholders,
principals, agents, predecessors, successors, assigns, accountants, and
attorneys harmless from and against any and all third-party suits, actions,
claims, proceedings, damages, settlements, judgments, injuries, liabilities,
obligations, losses, risks, costs, and expenses (including, without limitation,
reasonable attorneys’ fees, litigation expenses, and accounting fees), relating
to or arising from, or alleged to arise from, (i) your use of the Services, or
your use of the materials or features available on the Services, in an
unauthorized manner, (ii) your fraud, violation of law, negligence, or willful
misconduct, or (iii) any breach by you of these Terms of Use.
12. Third-Party Links and Features on the Services
The Services may contain hyperlinks, plug-ins, products, or
features operated by third parties (“Third-Party Services”). Such Third-Party
Services are not under our control; therefore, we are not responsible for the
information, products or services described by, or for the content or features
of any such Third-Party Services. We are providing these Third-Party Services
to you only as a convenience, and the inclusion of any Third-Party Services
does not necessarily imply endorsement of the Third-Party Services or any
association with its operators. Your use of these Third-Party Services is at
your own risk, and we are not liable to you in any way, either directly or
indirectly, for any content, errors, damage, or loss caused by or in connection
with use of or reliance on information contained in or provided to Third-Party
Services. You may have arrived to the Services through a Third-Party Service,
and you understand and agree that we are not responsible for the information,
products or services described on those Third-Party Services and only these
Terms of Use will apply to your use of or access to the Services.
No agency relationship is created between AURA OF SERENITY
CONSULTING LLC and any user or third-party. As such, we will not be involved in
resolving any disputes between any user and another user or third party
relating to or arising out of any transaction between such parties. We urge
users and third parties to cooperate with one another to resolve any such
disputes. In the event that you have a dispute with one or more other users or
third parties through your use of the Services, you release AURA OF SERENITY
CONSULTING LLC , its officers, employees, agents, and successors from claims,
demands, and damages of every kind or nature, known or unknown, suspected or
unsuspected, disclosed or undisclosed, arising out of or in any way related to
such disputes and/or our Services.
13. Changes to the Terms of Use and the Services
The Services are continually under development, and AURA OF
SERENITY CONSULTING LLC reserves the right to review or remove any part of
these Terms of Use in its sole discretion at any time and without prior notice
to you. You should check the Terms of Use from time to time when you use the
Services to determine if any changes have been made. Any changes to these Terms
of Use are effective upon posting to the Services, unless applicable law
requires us to provide additional notice or take other actions before such
changes can become effective. If you disagree with these Terms of Use, your sole
and exclusive remedy is to discontinue your use of the Services. Your continued
use after a change has been posted constitutes your acceptance of the changes.
You acknowledge and agree that: (1) all or any part of the
Services may not be accessible at any time, for any period, or for any reason;
and (2) AURA OF SERENITY CONSULTING LLC will not be liable if for any reason
all or any part of the Services are unavailable at any time or for any period. AURA
OF SERENITY CONSULTING LLC reserves the right at any time and for any reason to
modify, or temporarily or permanently discontinue, the Services or any portion
thereof, with or without notice. You agree that AURA OF SERENITY CONSULTING LLC
shall not be liable to you or to any third party for any modification,
suspension, or discontinuance of the Services.
14. Payments
You agree to pay all fees due for services requested at the
fees and pursuant to all payment terms presented to you when engaging in
transactions. Prices are subject to change at any point in our sole discretion.
You will see a prompt for your payment details, such as your credit card
information and any promotional codes you may have. By entering your payment
information and submitting your request, you authorize us, our affiliates, or
our third-party payment processors to charge the amount due.
You understand and agree that you are responsible for all
fees due to receive health care services and pharmacy services, including any
fees charged by the health care organization(s) or provider(s) that provide
services to you in connection with the Services. Your payments to AURA OF
SERENITY CONSULTING LLC may include fees charged by health care organization(s)
or provider(s) for health care services and/or pharmacy services, which AURA OF
SERENITY CONSULTING LLC collects on their behalf. Any health care services, or
pharmacy services not provided by us, an affiliated physician practice, or the AURA
OF SERENITY CONSULTING LLC Pharmacy Network, or otherwise made available
through the Services are not included in the payments collected by AURA OF
SERENITY CONSULTING LLC and you may be separately charged by the applicable
health care organization(s) and/or provider(s) for such services. In the event
that your credit card expires or AURA OF SERENITY CONSULTING LLC , our
affiliates, or our third-party payment processors are unable to process your
payment, you may receive notice for you to provide an alternative payment
method. AURA OF SERENITY CONSULTING LLC and/or the health care organization(s)
and/or provider(s) have no obligation to provide any health care services or
pharmacy services unless and until full payment has been received and/or
verified. You are responsible for keeping your payment information (such as
credit card number and billing address) accurate and up to date at all times.
Certain products or services offered on the Services may be
offered on a subscription basis (“Subscription Services”). For Subscription
Services, your payment method will be automatically charged at regular
intervals as described during the checkout process for the applicable
Subscription Services. You may cancel a subscription at any time before the
cancellation cutoff date as indicated to you at the time you purchase a
Subscription Service. You will also be informed about how you can cancel these
Subscription Services.
EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN OR REFUND POLICY
PROVIDED TO YOU ON THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE
NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE SERVICES ANY
APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU
ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED
CHARGES.
15. Termination
The Terms of Use will remain in full force and effect as
long as you continue to access or use the Services. You may terminate the Terms
of Use at any time by discontinuing use of the Services. Your permission to use
the Services automatically terminates if you violate these Terms of Use.
AURA OF SERENITY CONSULTING LLC may terminate or suspend any
of the rights granted by these Terms of Use and your access to and use of the
Services with or without prior notice, for any reason, and at any time,
including for violations of these Terms of Use. The following provisions survive
the expiration or termination of these Terms of Use for any reason whatsoever:
Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing
Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; No
Waiver; and Assignment.
Subject to applicable law, AURA OF SERENITY CONSULTING LLC
reserves the right to maintain, delete or destroy all communications and
materials posted or uploaded to the Services pursuant to its internal record
retention and/or content destruction policies. After such termination, AURA OF
SERENITY CONSULTING LLC will have no further obligation to provide the
Services, except to the extent an affiliated professional entity is obligated
to provide you access to your health records or is required to provide you with
continuing care under applicable legal, ethical, and professional obligations
to you. You agree that if your use of the Services is terminated pursuant to
these Terms of Use, you will not attempt to use the Services in any way, and
further agree that if you violate this restriction after such termination, you
will indemnify and hold AURA OF SERENITY CONSULTING LLC harmless from any and
all liability that AURA OF SERENITY CONSULTING LLC may incur, therefore.
16. Governing Law; Dispute Resolution; Arbitration; Venue;
Severability
IMPORTANT NOTE: PLEASE READ THIS SECTION CAREFULLY BECAUSE
IT REQUIRES YOU AND AURA OF SERENITY CONSULTING LLC TO RESOLVE ALL DISPUTES
BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN
WHICH YOU CAN SEEK RELIEF FROM AURA OF SERENITY CONSULTING LLC. YOU UNDERSTAND
AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND AURA OF SERENITY
CONSULTING LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO
PARTICIPATE IN A CLASS ACTION.
Governing Law. These Terms of Use and your use of the
Services shall be governed by the laws of the State of Texas , without giving
effect to the principles of conflict of laws. Subject to the requirement to
arbitrate set forth in this Section 16, exclusive jurisdiction for all disputes
that do not require arbitration will be the state and federal courts located in
Texas, and you consent to the jurisdiction of those courts.
Binding Arbitration, Generally. Except as described in the
“Exceptions” section below, you and AURA OF SERENITY CONSULTING LLC agree that
every dispute arising in connection with these Terms of Use, the Services, or
communications from us will be resolved through binding arbitration.
Arbitration uses a neutral arbitrator instead of a judge or jury, is less
formal than a court proceeding, may allow for more limited discovery than in
court, and is subject to very limited review by courts. This agreement to
arbitrate disputes includes all claims whether based in contract, tort,
statute, regulation, ordinance, fraud, misrepresentation, common law,
constitutional provision, respondeat superior, agency or any other legal or
equitable theory, regardless of whether a claim arises after the termination of
these Terms of Use, and regardless of whether a claim arises before or after
the effective date of these Terms of Use. Any dispute relating to the
interpretation, applicability, or enforceability of this binding arbitration
agreement will be resolved by the arbitrator.
Exceptions. Although we are agreeing to arbitrate most
disputes between us, nothing in these Terms of Use will be deemed to waive,
preclude, or otherwise limit the right of either party to: (a) bring an
individual action in small claims court; (b) file suit in a court of law to
address an intellectual property infringement claim; or (c) seek injunctive
relief in a court of law in a state or federal court Texas Arbitrator. This
arbitration agreement, and any arbitration between us, is subject to the Federal
Arbitration Act and will be administered by the American Arbitration
Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA
Rules”) as modified by these Terms of Use. The AAA Rules and filing forms are
available online at
,
by calling the AAA at +1-800-778-7879, or by contacting AURA OF SERENITY
CONSULTING LLC.
Commencing Arbitration. Before initiating arbitration, a
party must first send a written notice of the dispute to the other party by
certified U.S. Mail or by Federal Express (signature required) or, only if that
other party has not provided a current physical address, then by electronic
mail (“Notice of Arbitration”). AURA OF SERENITY CONSULTING LLC ‘s address for
Notice is: NEEDLE TREE MANAGEMENT, INC D/B/A AURA OF SERENITY CONSULTING LLC
7055 Old Katy Rd. Houston, TX 77024
A copy of all Notices of Arbitration must also be sent to AURA
OF SERENITY CONSULTING LLC via email to
The Notice of Arbitration must: (a) identify the name or
account number of the party making the claim; (b) describe the nature and basis
of the claim or dispute; and (c) set forth the specific relief sought
(“Demand”). The parties will make good faith efforts to resolve the claim
directly, but if the parties do not reach an agreement to do so within 30 days
after the Notice of Arbitration is received, you or AURA OF SERENITY CONSULTING
LLC may commence an arbitration proceeding. If you commence arbitration in
accordance with these Terms, AURA OF SERENITY CONSULTING LLC will reimburse you
for your payment of the filing fee, unless your claim is for more than
US$10,000 or if AURA OF SERENITY CONSULTING LLC has received 25 or more similar
demands for arbitration, in which case the payment of any fees will be decided
by the AAA Rules. If the arbitrator finds that either the substance of the
claim or the relief sought in the Demand is frivolous or brought for an
improper purpose (as measured by the standards set forth in Federal Rule of
Civil Procedure 11(b)), then the payment of all fees will be governed by the
AAA Rules and AURA OF SERENITY CONSULTING LLC may seek reimbursement for any
fees paid to AAA.
Arbitration Proceedings. Any arbitration hearing will take
place in the county and state of your billing address unless we agree otherwise
or, if the claim is for US $10,000.00 or less (and does not seek injunctive
relief), you may choose whether the arbitration will be conducted: (a) solely
on the basis of documents submitted to the arbitrator; (b) through a telephonic
or video hearing; or (c) by an in-person hearing as established by the AAA
Rules in the county (or parish) of your billing address. During the
arbitration, the amount of any settlement offer made by you or AURA OF SERENITY
CONSULTING LLC must not be disclosed to the arbitrator until after the
arbitrator makes a final decision and award, if any. Regardless of the manner
in which the arbitration is conducted, the arbitrator must issue a reasoned
written decision sufficient to explain the essential findings and conclusions
on which the decision and award, if any, are based.
Arbitration Relief. Except as provided in the “No Class
Actions” section below, the arbitrator can award any relief that would be
available if the claims had been brought in a court of competent jurisdiction.
The arbitrator’s award shall be final and binding on all parties. Judgment on
the award may be entered in any court having jurisdiction.
No Class Actions. YOU AND AURA OF SERENITY CONSULTING LLC
AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AURA OF
SERENITY CONSULTING LLC agree otherwise in writing, the arbitrator may not
consolidate more than one person’s claims and may not otherwise preside over
any form of a representative or class proceeding.
Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, IF YOU OR AURA OF SERENITY CONSULTING LLC WANTS TO ASSERT A
DISPUTE AGAINST THE OTHER THAT IS SUBJECT TO ARBITRATION PURSUANT TO THESE
TERMS OF USE, THEN YOU OR AURA OF SERENITY CONSULTING LLC MUST COMMENCE SUCH
DISPUTE BY DELIVERY OF A NOTICE OF ARBITRATION WITHIN ONE (1) YEAR AFTER THE
DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.
Severability. All parts of these Terms of Use apply to the
maximum extent permitted by law. AURA OF SERENITY CONSULTING LLC and you both
agree that if we cannot enforce a part of this contract as written, then that
part will be replaced with terms that most closely match the intent of the part
we cannot enforce, to the extent permitted by law. The invalidity of part of
these Terms of Use will not affect the validity and enforceability of the
remaining provisions. The section headings are for convenience only and do not
have any force or effect.
17. Communications by Text Message and Email
By opting-in to receive text (SMS) messages from AURA OF
SERENITY CONSULTING LLC or by sending AURA OF SERENITY CONSULTING LLC an
initial text message (an “SMS Enrollment”), you consent to receiving text
messages regarding your AURA OF SERENITY CONSULTING LLC account and use of the
Services. These text messages may include order confirmations, shipping
notifications, messages from your healthcare provider, and other transactional
messages, as well as promotional and marketing notifications, to the extent you
have opted-in to receive such messages from AURA OF SERENITY CONSULTING LLC.
With your SMS Enrollment, you represent and understand that:
(1) you are the owner or authorized user of the mobile device you used in order
to initiate the SMS Enrollment, (2) you are authorized to approve any
applicable charges in connection with the text messages you send to and receive
from AURA OF SERENITY CONSULTING LLC (3) you will be responsible for all
messaging and other data charges that may apply for any text messages sent to
you from AURA OF SERENITY CONSULTING LLC , or from AURA OF SERENITY CONSULTING
LLC to you, and (4) neither AURA OF SERENITY CONSULTING LLC , nor your or AURA
OF SERENITY CONSULTING LLC mobile carriers, will be liable for delayed or
undelivered messages.
Note that access to the Services is not conditioned upon
your consent to receive marketing or promotional text messages from AURA OF
SERENITY CONSULTING LLC , and you can opt-out of any of AURA OF SERENITY
CONSULTING LLC SMS services at any time by texting “STOP” to the message
received, from the mobile device that is subscribed to receive the SMS
messages. After you send the text message “STOP” to us, we may send you one
final text message to confirm that you have been unsubscribed. If you have
opted-in to receive more than one type of text message from AURA OF SERENITY
CONSULTING LLC you will need to opt-out of each SMS service to which you are
subscribed. Until you have done so, you may continue to receive the types of
text messages from AURA OF SERENITY CONSULTING LLC that you have opted-in to
receive but have not unsubscribed from.
You also understand that while AURA OF SERENITY CONSULTING
LLC takes your privacy and the security of your health and other sensitive
information very seriously, the transmission of information over the internet
and mobile networks is not 100% secure. Text messages and emails that you send
to or receive from AURA OF SERENITY CONSULTING LLC are not encrypted, which
means that it is possible they may be intercepted by third parties. If you
choose to send or receive information about your health or any other sensitive
information by text message or email, you do so at your own risk. By initiating
an SMS Enrollment, you consent to sending text messages to AURA OF SERENITY
CONSULTING LLC , and receiving text messages from AURA OF SERENITY CONSULTING
LLC , that are not encrypted. Likewise, by emailing or giving your email, you
consent to receiving unencrypted emails messages from AURA OF SERENITY
CONSULTING LLC .
If you are experiencing any issues with AURA OF SERENITY
CONSULTING LLC text messaging or email services, or if you have any concerns
about sending or receiving any sensitive information through text or email,
please contact us directly. If you have questions specific to your text or data
plan, please contact your wireless provider.
18. Miscellaneous Terms
No waiver. No waiver by AURA OF SERENITY CONSULTING LLC of
any term or condition set forth in these Terms of Use shall be deemed a further
or continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure by AURA OF SERENITY CONSULTING LLC to assert a right
or provision under these Terms of Use shall not constitute a waiver of such
right or provision.
No agency relationship. Neither these Terms of Use, nor any
Services Content, materials or features of the Services create any partnership,
joint venture, employment, or other agency relationship between us and you. You
may not enter into any contract on our behalf or bind us in any way.
Remedies. You agree that any violation, or threatened
violation, by you of these Terms of Use constitutes an unlawful and unfair
business practice that will cause us irreparable and unquantifiable harm. You
also agree that monetary damages would be inadequate for such harm and consent
to our obtaining any injunctive or equitable relief that we deem necessary or
appropriate. These remedies are in addition to any other remedies we may have
at law or in equity.
Assignment. You may not assign any of your rights under
these Terms of Use, and any such attempt will be null and void. AURA OF
SERENITY CONSULTING LLC and its affiliates may, in their individual discretion,
transfer, without further consent or notification, all contractual rights and
obligations pursuant to these Terms of Use if some or all of the business of AURA
OF SERENITY CONSULTING LLC is transferred to another entity by way of merger,
sale of its assets, or otherwise.
Notice for California Users. If you are a California
resident, you hereby waive California Civil Code §1542, which says: “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.” This release
includes the criminal acts of others.
Headings. The heading references herein are for convenience
purposes only and shall not be deemed to limit or affect any of the provisions
hereof.
Entire Agreement. This is the entire agreement between you
and AURA OF SERENITY CONSULTING LLC relating to the subject matter herein and
supersedes all previous communications, representations, understandings, and
agreements, either oral or written, between the parties with respect to said
subject matter, excluding any other agreements that you may have entered into
with AURA OF SERENITY CONSULTING LLC.
19. Contact Us
If you have any questions about these Terms of Use, please
contact us at:
Aura of Serenity Consulting LLC, AURA OF SERENITY CONSULTING
LLC (“AURA OF SERENITY CONSULTING LLC”)
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