Terms of Use

Last Updated:

July 27, 2022

PLEASE NOTE THAT THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS HERE.

AGREEMENT TO TERMS OF USE

The following Terms of Use ("Terms" or "Agreement") govern your access to and use of the websites, mobile applications, and all other serviceThe following Terms of Use ("Terms" or "Agreement") govern your access to and use of the websites, mobile applications, and all other services (collectively, the "Services") provided by Qi Healing, Inc., (collectively referred to as the "Qi" or "Qi Health"). Qi Health operates its website at www.qihealth.io (the "Website") to offer a self-pay online telemedicine service that, lets individuals currently located in the United States and Canada receive consultation from our Traditional Chinese medicine practitioners, which include doctors, herbalists and acupuncturists. If our Traditional Chinese medicine practitioners evaluate and find your care request to use the Service appropriate, they may write you a herbal formula prescription and send it to an herbal pharmacy called KAMWO MERIDIAN HERB, located 211 Grand Street New York, NY 10013. By downloading or using the Services, you agree to be bound by these Terms, the Consent to Telehealth, the Privacy Policy, and Notice Regarding Information in Your Medical Record that appear on the Services. If you do not wish to be bound by these Terms, you may not use the Services.

Please read the following Terms carefully. Your use of the Services constitutes your agreement to be bound by all terms.

By checking the "I Agree" box for Qi Health’s Terms of Use, you are agreeing to all Terms as included below and that such action constitutes your legal signature and acceptance. No waiver by Qi Health of any term or condition set forth in these Terms 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 of Qi Health to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

This Agreement is divided into two parts. Part One explains all of the terms that govern your use of the Services. Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use the Services, you must accept all of the terms of this Agreement.

If you disagree with one or more of these terms or find them unacceptable in any way, please do not use the Services. You understand that by checking the "I Agree" for these Terms and/or any other forms presented to you on the Services you are indicating your agreement and such action constitutes a legal signature.

Changes to Terms of Use

We have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on Qi Health’s websites. Any use of the Services after our publication of any such changes shall constitute your acceptance of the Terms as modified.

Part One: Terms Governing Use of the Services

Emergencies

THE QI HEALTH SERVICES ARE NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD DIAL "911" OR AN APPROPRIATE EMERGENCY RESPONDER. QI HEALTH IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO THE SERVICES.

Age Limitations

The Services are intended and only suitable for individuals 18 years of age and above. Some of the content on the Services may not be appropriate for children. Children under the age of 18 are not permitted to use the Services. Qi Health hereby disclaims all liability for use by individuals under the age of 18.

Materials on Services are Not Professional Advice

Except as otherwise described in this section, materials available on the Services, including all data, information, text, graphics, links, and other material made available to you on the Services, are provided as a convenience to our Service visitors. The information provided on the Services is for general informational and educational purposes only. The materials provided on our Services are not intended to serve as medical or other professional advice and is not to be used for diagnosis or treatment of any condition or symptom.

You should consult your physician or other qualified healthcare provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on the information contained on the Services or other sites linked to or from it.

Your Privacy and Security

Upon acceptance of these Terms you confirm that you have read, understood, and accepted Qi Health’s Privacy Policy and Notice Regarding Information in Your Medical Record.

We have implemented technical, physical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your information for improper purposes. You acknowledge that you provide your information at your own risk.

By establishing an Account and providing your information during registration, you agree that we may send you electronic or telephonic communications ("Communications"), including, but not limited to:

  • Emails to the address you provided during registration;
  • Short messaging service (SMS)/text messages to the mobile number you provided to us during registration;
  • Push notifications on your tablet or mobile device;
  • Posting communications to your Account; and
  • Telephone calls for follow-up on services.

The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication. When communicating sensitive information with us, please be sure to use the secure messaging service within our Services.

Mobile Alerts

You agree that Qi Health and its subsidiaries, representatives, affiliates, officers and directors may contact you by telephone or text messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by you or on your behalf in connection with a Qi Health account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You further acknowledge that Qi Health may call or text you without your prior express consent for the purpose of delivering healthcare-related messages. There is no charge from Qi Health for this service, but your service provider's message and data rates may apply.

Registration

Registration is not required to view certain content on the Services. However, to use some parts of the Services you may be required to register and provide certain information about yourself, including, but not limited to, your name, e-mail address, telephone number, physical address, and password and security phrase ("Credentials"). If you become a registered member of the Services, you accept responsibility for all activities that occur under your registration account ("Account") and the responsibility to maintain confidentiality of your Credentials.

You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for changing your Credentials promptly if you think they have been compromised. You can change your password in your Account settings within the Services.

At all times you use the Services, you agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. We reserve the right to take any and all action, as we deem necessary or reasonable, regarding the security of your Account.

If you believe someone has accessed the Services using your Credentials without your authorization, contact our Patient Support Team at support@qihealth.io.

Appropriate Use

You may only use the Services from a device located in the United States of America or Canada.

We hereby grant to you a limited, non-exclusive, non-transferable right to access and use the Services solely for your personal, non-commercial use and only as permitted under these Terms of Use. We reserve the right, in our sole discretion, to suspend use of the Services to anyone for any reason. You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of Services or use the Services in violation of applicable laws, rules, and regulations. For example, without limitation, you may not:

  • impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  • use the Services to violate any local, state, national or international law;
  • reverse-engineer, disassemble, decompile, or translate any software or other components of the Services;
  • distribute viruses or other harmful computer code through the Services; or
  • otherwise use the Services in any manner that exceeds the scope of use granted above.

You may not transfer or share your Account password with anyone or create more than one Account. You may not use anyone else’s Account at any time. For example, if you create more than one Account, this substantially limits our ability to provide appropriate care because we have no way of linking your various accounts and no way of knowing that previous registrations relate to you.

Attempts to violate the Terms, or the security of our network and unauthorized access to our Services and systems may result in civil or criminal liability and we may investigate and work with law enforcement authorities to prosecute individuals involved in such conduct.

Transactions

If you wish to use Qi Health’s services as described or linked to on the Services (each such purchase, a "Transaction"), Qi Health or its affiliates, may request certain information from you that is applicable to your Transaction, including, without limitation, credit card and other payment and shipping information. By providing Qi Health your information, you expressly grant Qi Health the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf.

Transactions include, but are not limited to, Qi Health placing an authorization of charge or "Hold" of funds or other monies with your bank or financial institution until your Service request is evaluated by our Medical Team. This authorization is temporary and will only be finalized as a charge after Qi Health’s Medical Team evaluates your Service request. You may also be charged for herbal medicine formulas or for services rendered under any subscriptions as part of your Service request and use of Qi Health’s Services. Some of Qi Health’s products and services require that you purchase the product and/or service on an automatically renewing subscription or refill basis. If you elect for an automatically renewing subscription or refill, your payment will be automatically charged on a regular interval basis (the frequency as described in the service details) until you cancel. You may cancel your subscription or automatic refill at any time. To cancel, you must request the cancellation at least 96 hours before the renewal or refill processing date by messaging us via support@qihealth.io. You understand and agree that Qi Health’s responsibility for any purchased physical product ends once an order has been placed with KAMWO MERIDIAN HERBS. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MECHANISM USED IN CONNECTION WITH ANY TRANSACTION.

Descriptions or images of, or references to, products or services on the Services do not imply Qi Health’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Qi Health’s acceptance of any order. Price and availability of any product or service are subject to change without notice. Qi Health is not responsible for errors in the prices or descriptions of any product or service. Refunds and exchanges shall be subject to Qi Health’s and/or any applicable third party’s refund and exchange policies in effect at the time of the applicable Transaction. Promotional codes are not redeemable for cash. Qi Health and its affiliates reserve the right to modify or withdraw promotional offers at any time. Unless otherwise stated, promotions can’t be combined or used with other discounts.

Copyright Notice

The Services are owned and operated by Qi Health and are administered by Qi Healing, Inc. The entire contents and design of the Services are protected by U.S. and international copyright law. All rights regarding the Services and materials contained on the Services are either owned by Qi Health, are licensed to it, or are used with permission. Qi Health and its licensors retain and reserve all proprietary rights to the contents of the Services.

You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Qi Health. You may link to, view, download, use, display and print a single copy of the materials found on the Services only for personal, noncommercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Qi Health or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: "Copyright © 2022 Qi Healing, Inc. All rights reserved." Any other use of the Services or the information contained here is strictly prohibited. Qi Health may terminate the above license at any time for any reason. If you breach any of these terms, your license terminates immediately and automatically and without notice. Upon the termination of this license, you must stop using the Services, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.

Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act (the "DMCA") provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on the Services infringes a valid copyright owned by you, you (or your agent) may send Qi Health a notice requesting that the material be removed, or access to it blocked.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services should be sent to the address below.

One place to find more information is the U.S. Copyright Office Website, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to: Qi Healing, Inc., 69 Charlton Street, New York, NY 10014, USA.

Trademark Notice

Qi Health names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Qi Health. All rights are reserved. You are not authorized to use any Qi Health name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Qi Health. All other trademarks appearing on the Services are the property of their respective owners.

Ownership

The Services and their entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned or used under license by Qi Health and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services except as generally and ordinarily permitted through the Services according to these Terms. You must not access or use for any commercial purposes any part of the Services.

Termination of Services

We may suspend or terminate your access to the Services for any or no reason at any time without notice. Subject to applicable law, we reserve 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, we will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or continue your care due to legal or ethical obligations.

Part Two: Additional Legal Terms

Representation and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of this Services will be in compliance with these Terms.

No Warranties

USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QI HEALTH OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, QI HEALTH, ANY AFFILIATED QI HEALTH ENTITY, THEIR PROCESSORS, PROVIDERS, LICENSORS, MANAGERS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) (COLLECTIVELY, "QI HEALTH PARTIES") DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Indemnity

BY VISITING OR USING THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS QI HEALTH, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND SUPPLIERS, FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ AND ACCOUNTING FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED QI HEALTH OF THE POSSIBILITY OF SUCH CLAIM.

Limitation of Liability and Damages

THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF QI HEALTH PARTIES, MEDICAL TEAM, OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR THE MATERIALS OR DATA ON THE SERVICES. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, STATUTE, CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Disputes

If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. "Disputes" between you and Qi Health, including Qi Health Parties, are defined for the purposes of these Terms to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Qi Health, including, but not limited to, any claims relating in any way to these Terms (including its breach, termination, or interpretation), any other aspect of our relationship, Qi Health advertising, and any use of Qi Health Services.

Binding Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

  1. Initial Dispute Resolution. We are available at compliance@qihealth.io to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration; documentation showing that you or we pursued this initial dispute resolution process must be included with any arbitration demand.
  2. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the “Initial Dispute Resolution” section above, then either you or we may initiate binding arbitration. Except for any disputes excluded below in the “Exceptions” section, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, including public injunctive relief. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act and applicable federal case law. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and except for any claim determined by an arbitrator or court to be frivolous, brought in bad faith, or where the initiating party failed to follow the initial dispute resolution process, we will pay the additional cost up to a maximum of $1,000. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
  3. Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the “Agreement to Binding Arbitration” section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  4. Exceptions. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief (i) in a small claims court for disputes or claims within the scope of that court’s jurisdiction, and (ii) any disputes relating to intellectual property rights, obligations, or any infringement claims.
  5. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the “Agreement to Binding Arbitration” and “Class Action and Arbitration Waiver” sections above by sending written notice of your decision to opt-out by emailing us at compliance@qihealth.io. The notice must be sent within thirty (30) days of your first use of the Services, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
  6. Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  7. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in the “Agreement to Binding Arbitration” section do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in New York City, New York (except for small claims court actions, which may be brought in the county where you reside). You and we expressly consent to exclusive jurisdiction in New York City, New York for any litigation other than small claims court actions. In the event of litigation relating to these Terms or the Services, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

Jurisdiction

Information provided on Qi Health’s Services is not targeted to users in any particular locality, nor is it intended to constitute the doing of business in any jurisdiction.

The Services are provided by Qi Health. Use of the Services is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Services illegal. Users in such jurisdictions visit and use the Services entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive remedy provisions and the warranty disclaimers.

This Agreement is entered into and performed in the State of New York, United States of America. It is governed by and shall be construed under the laws of New York State, exclusive of any choice of law or conflict of law provisions.

Requests for Information

If you contact Qi Health and request information about our programs or services, we will use your email or postal address to provide the information you requested. You agree that we may use and share information you provide us as described in our Privacy Policy.

Links to Other Sites

Qi Health Services may contain links to third party sites as a convenience to you. The inclusion of any site link does imply an approval, endorsement, or recommendation by Qi Health. You agree that you access any such site at your own risk, and that the site is not governed by the terms and conditions contained in these Terms. Qi Health expressly disclaims any liability for these sites. Please remember that when you use a link to go from our Services to another site, our Privacy Policy is no longer in effect. Your browsing and interaction on any other site, including those that have a link on our Services, is subject to that site’s own rules and policies.

Downloadable Files and Email

Qi Health cannot and does not guarantee or warrant that email or files available for downloading from its Services will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Qi Health does not assume any responsibility or risk for damage to your computer or its files related to your use of the Services.

Assignment

You may not assign any rights or obligations under this Agreement without Qi Health’s prior written consent. Qi Health may assign all or part of this Agreement.

Survival

All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including, but not limited to, indemnity and limitation of liability clauses, shall survive.

Waiver

No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notices

You agree that we may provide any and all notices to you by email, telephone, fax, as well as by any other method.

Severability

If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.

Entire Agreement; Amendment

This Agreement constitutes the entire agreement between you and Qi Health applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.

Conflicting Terms

Anything on the Services inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.

Section Titles

The section titles in the Terms are for convenience only and have no legal or contractual effect.

Contact Information

Please contact us with any questions or concerns regarding this Agreement at compliance@qihealth.io