TERMS and conditions

OUR SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN.

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.

Introduction

Conseas LLC (“we,” “us,” “our” or “Conseas”) own and operate the websites located at [web URL] (the “Website”), and its associated applications (“Apps”). We refer to the Website, Apps, and other services provided by Conseas together herein as the “Services.” In these Terms and Conditions, the terms “you” and “yours” refer to the person using the Services.

These terms and conditions of use (“Terms and Conditions”) describe your rights and responsibilities with regard to the Services. Your access to and use of the Services is subject to these Terms and Conditions, our Privacy Policy, as well as all applicable laws and regulations.

PLEASE READ THESE TERMS AND CONDITIONS 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 AND CONDITIONS. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICES. THE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

1. Overview of the Services.

The Services may include (i) providing individuals with access to technology-oriented tools for addressing certain health issues; (ii) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments and communications; (iii) administrative support in connection with scheduling and payment for health care provider services; and (iv) telecommunications support for using the Services as a means of direct access to a health care provider for communication, consultations, and assessments by such health care organizations and their providers.

To qualify for use of the Services, you agree to be legally bound and comply with these Terms and Conditions. To access or use the Services, you must have compatible devices, access to the Internet, and certain necessary software. You must be at least 18 years old to register and use the Services, or you must be the parent or legal guardian for someone under age 18 who is enrolled in the Conseas Services.

You understand and agree that satisfying the above requirements does not guarantee that you will receive Services from Conseas or any services from health care organization(s) or provider(s). In addition to the above requirements, Conseas 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.

2. Your Account and Your Use of the Conseas
Services

You must provide accurate and complete registration information any time you register to use the Services. It is your responsibility to provide us with information that is accurate, complete and correct, and to accurately maintain and update your information that you have provided to us.

You are responsible for maintaining the confidentiality and security of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Conseas of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. If you use mobile services to enter and maintain your personal nformation, you understand that you are responsible for safeguarding and securing your mobile device and the associated credentials (such as username and password). If you leave your mobile device unattended, or if it is lost or stolen, you understand that your personal information may be accessible to others.

Conseas shall not be liable for any loss or damage arising from your failure to comply with these Terms and Conditions. Conseas may take any and all actions it deems necessary or reasonable to maintain the security of the Services, including termination of your account and your use of the Services.

3. Privacy Policy.

Conseas understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy available at [web address] for information about how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms and Conditions by reference and constitute a part of these Terms and Conditions.

4. Intellectual Property.

The Services are owned by Conseas, LLC. We grant to you a nonexclusive, nontransferable, All materials available through the Services may be accessed, downloaded, or printed for noncommercial purposes and solely within the scope allowable by these Terms and Conditions. No other use of these materials may be made without express written permission of Conseas. Any unauthorized use of the words or images from the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

5. Restrictions on Use.

You agree that in using or accessing the Services, you will not, and will not attempt to:

· impersonate any person or misrepresent your affiliation with a person;

· violate any local, state, national or international law.

· 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 the Services, or any system, device, or property of Conseas;

· access or use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right of Conseas or other right of any third party;

· license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services;

· damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner the Services, in whole or in part;

· 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 Conseas computer network;

· otherwise use the Services in any manner that exceeds the scope of use granted herein; or

· encourage or enable any other individual to do any of the foregoing.

6. Right to Change Terms and Conditions.

Conseas may, at any time and from time to time, amend these Terms and Conditions. Any changes to these Terms and Conditions will be effective immediately upon posting. You agree to review the Terms and Conditions periodically. If you disagree with any changes to the Terms and Conditions, your sole and exclusive remedy is to discontinue use of the Services. Your use of the Services following any change constitutes your acceptance of such changes.

7. 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. CONSEAS AND ITS 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.

8. 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 CONSEAS OR ITS RELATED PERSONS 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 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 SERVICES PROVIDED BY AFFILIATED HEALTH CARE PROVIDERS, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR SERVICES PROVIDED BY AFFILIATED HEALTH CARE PROVIDERS. THIS IS TRUE EVEN IF CONSEAS OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IN NO EVENT SHALL CONSEAS 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 AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.

9. Indemnification.

You agree to indemnify, defend and hold harmless Conseas and its employees, officers, directors, agents, servants, shareholders, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) related to (i) your violation of these Terms and Conditions, (ii) your use, or misuse, of the Services, and/or (iii) your fraud, violation of law, negligence, or willful misconduct.

10. Payments; Cancellations; No Refunds.

The fees for the Services and the fees for health care organization(s) or provider(s) that provide services to you in connection with the Services will be charged, due, and payable upon your scheduling of any consultation.

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 for the Services are subject to change at any point in sole discretion. 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, 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 Conseas may include fees charged by health care organization(s) or provider(s) for health care services, which Conseas collects on their behalf.

In the event that your credit card expires or Conseas or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Conseas and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care 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.

You may cancel or reschedule an appointment with an affiliated health care organization and/or provider by submitting a cancellation or rescheduling request at least four (4) hours in advance of your scheduled appointment. You will be notified by email as to whether your cancellation or rescheduling request has been approved or denied. You may be eligible for a refund if you submit a cancellation request at least four (4) hours in advance of your scheduled consultation. You will not be eligible for a refund if you submit a cancellation or rescheduling request less
than four (4) hours in advance of your scheduled appointment. If you fail to timely request a rescheduling of your appointment, you may be required to pay additional fees for your next appointment.

EXCEPT AS OTHERWISE SET FORTH ABOVE, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF 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.

11. Applicable Law.

These Terms and Conditions and the resolution of any and all disputes related to this Agreement shall be construed in accordance with the laws of the State of Texas. Any dispute between Conseas and you related to these Terms and Conditions or the Privacy Policy shall be resolved exclusively by the state and federal courts of the State of Texas.

You agree that the statutes and laws of the State of Texas, without regard to any principles of conflicts of law, will apply to any and all matters relating to the use of the Services.

This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

12. Modification and Termination of the Services.

Conseas reserves the right to terminate accounts for any reason it deems appropriate including, but not limited to, a belief that your conduct or your use of the Services violates applicable laws or is harmful to the interests of Conseas or any other users. Conseas also may place limits on, modify, suspend or terminate the Services generally, and may suspend or terminate your use of the Services if you fail to comply with these Terms and Conditions. This suspension or termination may delete your information, files, and other previously available content.

13. General Legal Terms

· No waiver. No waiver by Conseas of any term or condition set forth in these Terms and Conditions 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 Conseas to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

· No agency relationship. Neither these Terms and Conditions, nor any Services, 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.

· Assignment. You may not assign any of your rights under these Terms and Conditions, and any such attempt will be null and void. Conseas and its Related Parties, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms and Conditions if some or all of the business of Conseas is transferred to another entity by way of merger, sale of its assets, or otherwise.

· 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 Conseas 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 Conseas.

· Contact. If you have any questions about these Terms and Conditions, please contact us at:

Conseas LLC

7171 Buffalo Speedway,
Apt 1027

Houston, Texas, 77025

Or by email at: [email address]