Website Terms and Conditions

These Terms and Conditions (“Terms”) constitute a legal agreement between you (“you” or “user”) and DCV Emergency Physician, LLC, operating under the trade name VIDA (“VIDA”, “we,” “us,” or “our”), and establish the terms and conditions under which you will submit/register information, order products and/or services, and otherwise use our products and/or services through the website https://vidaclinicavirtual.com/ or another similar platform, as applicable (the “Website”).

The Website is an online women's health ecosystem that provides access to:

• (i) individualized medical care through VIDA Clínica Virtual (“VIDA Clínica Virtual”);
• (ii) free educational content through VIDA Notes (“VIDA Notes” and/or “Blog”); and
• (iii) paid self-paced educational programs and tools through The Health Recovery Tool Kit (“Toolkits”).

This Website is not designed for medical emergencies or urgent situations. If you think you may have a medical emergency, call 911. You do not have to use this Website if you do not want to. If you decide to, whether as a visitor or as a patient, you agree to the terms listed below.

These Terms govern your use of the Website generally and do not replace or modify the Medical Terms of Service. In the event of a conflict between these Terms and the Medical Terms of Service with respect to Medical Services, the Medical Terms of Service will control.

Please read these Terms carefully. By accessing, browsing, creating an account, and/or otherwise using the Website, you acknowledge and agree to be bound by these Terms.

WEBSITE TERMS — VISITORS AND REGISTERED USERS

By visiting the Website, providing your email, creating an account, or otherwise indicating your acceptance of these Terms, you represent and warrant that:

• (1) you have read, understand, and accept these Terms;
• (2) you have the legal capacity to enter into a binding contract; and
• (3) you have the authority to accept these Terms, whether on your own behalf or on behalf of a third party you represent, as applicable.

If you do not wish to be bound by these Terms, please please refrain from accessing and/or using the Website. These Terms may be modified from time to time. In such event, we will notify you of changes by posting the revised Terms on the Website. At our discretion, and to the fullest extent permitted by applicable law, we may notify you of changes to these Terms by email. You are solely responsible for keeping your email address current. Your continued use of the Website constitutes your acceptance of the Terms. Please review the Website regularly for the then-current Terms.

Use of the Website. The use of the Website or any other educational content or digital product does not by itself establish a physician-patient relationship. A physician-patient relationship may arise only in connection with the provision of Medical Services as defined in the Medical Terms and applicable law.

Types of Users. You may browse the Website as a visitor (“Visitor”). To access certain features of the Website, you may have to create an account (“Account”) and become a registered user (“Registered User”). Becoming a Visitor, creating an Account, becoming a Registered User, purchasing a digital product, subscribing to communications, or otherwise using the Website does not make you a patient nor creates a physician-patient relationship, as defined in the Medical Terms and applicable law. To become a Registered User, you must provide your name, email address, other registration information, and select a password (“Account Information”), which you must not share with third parties. By becoming a Registered User, you represent and warrant that: (a) all Account Information is truthful and accurate; and (b) you will maintain the accuracy of such Account Information. From time to time, we may request additional information about you in order to create your profile in our database. You are solely responsible for your Account Information, for maintaining its confidentiality, and for all activities, including any services requested and purchases made through the Website, as applicable, conducted through your Account. If someone accesses the Website using your Account Information, we will assume that it is you, or someone you have authorized, accessing the Website. We reserve the right to take any measures we deem necessary to preserve the security of the Website and your Account, including, without limitation, canceling your Account, changing your password for security reasons, or requesting additional information to authorize transactions through your Account. You are also responsible for any act or omission of any user who accesses the Website through your Account. You may not use another person’s Account at any time without the Account holder’s permission. Please promptly notify us at vidaclinicavirtual@gmail.com if you become aware that your Account Information is being used without your authorization. You must be at least eighteen (18) years old to create an Account at the Website.

VIDA CLINICA VIRTUAL

VIDA Clínica Virtual. VIDA Clínica Virtual is the medical-care component of the Website. Through VIDA Clínica Virtual, eligible individuals may have access to physician-led, individualized medical services, which may include medical evaluation, diagnosis, treatment, and ongoing care, as applicable. Medical Services provided through VIDA Clínica Virtual are subject to the Medical Terms of Service, which govern the relationship between VIDA Clínica Virtual and its patients, and set forth the terms applicable to the provision of Medical Services. These Terms govern your use of the Website generally and do not replace or modify the Medical Terms of Service. In the event of a conflict between these Terms and the Medical Terms of Service with respect to Medical Services, the Medical Terms of Service will control. Use of other portions of the Website, including, but not limited to, VIDA Notes and the Toolkits, does not by itself establish a physician-patient relationship. A physician-patient relationship may arise only in connection with the provision of Medical Services through VIDA Clínica Virtual, as governed by the applicable Medical Terms of Service and applicable law.

VIDA NOTES

VIDA Notes. VIDA Notes is the educational content section of the Website. It may include articles, essays, guides, educational resources, and other content relating to women's health and related topics. VIDA Notes may address subjects including, without limitation, premenstrual disorders such as premenstrual dysphoric disorder (“PMDD”), premenstrual exacerbation (“PME”), perimenopause, hormonal health, supplements and the evidence relating to them, nutrition, sleep, exercise, nervous system regulation, and other lifestyle and health-related topics. The content available through VIDA Notes is provided for general educational and informational purposes. VIDA Notes is intended to help users learn more about health-related topics, understand concepts and evidence, and become more informed participants in conversations with their healthcare providers.

Educational Content Does Not Constitute Medical Care. VIDA Notes do not constitute Medical Services. The content available through VIDA Notes is not intended to provide individualized medical care, advice, diagnosis, treatment, or recommendations to any particular person. Information presented through VIDA Notes is not based on an individualized assessment of the reader's medical history, symptoms, medications, laboratory results, physical examination, or other personal health information. Accordingly, you should not interpret, rely or use VIDA Notes as a substitute for an evaluation or consultation with a qualified healthcare professional.

No Physician-Patient Relationship. Reading, accessing, subscribing to, or otherwise interacting with VIDA Notes does not establish a physician-patient relationship with VIDA Clínica Virtual, Daniela Caballero Varona, M.D., and/or any other healthcare provider.

A physician-patient relationship is not established merely because:

• content is written, reviewed, or presented by a physician;
• you read or rely upon an article or other educational material;
• you subscribe to or receive VIDA Notes;
• you submit a comment, question, or other communication relating to VIDA Notes; or
• you otherwise interact with educational content available through the Website.

A physician-patient relationship may be established only in connection with the provision of Medical Services through VIDA Clínica Virtual, as described in the applicable Medical Terms of Service and subject to applicable law.

Physician Authorship and Professional Expertise. From time to time, certain VIDA Notes content may be authored, reviewed, or presented by healthcare professionals or subject-matter experts. The professional qualifications, experience, or involvement of an author or reviewer do not change the educational nature of the content or transform VIDA Notes into individualized Medical Services. Any discussion of symptoms, conditions, treatments, medications, supplements, lifestyle interventions, or other health-related matters is presented for general educational purposes and should not be understood as a recommendation that any particular option is appropriate for you.

Individual Circumstances and Medical Decision-Making. Health conditions and treatment decisions are highly individual. Information contained in VIDA Notes may not apply to your particular circumstances and most likely may not reflect your complete medical history, current medications, allergies, diagnoses, risk factors, or other relevant information. You are responsible for discussing questions about your individual health, symptoms, diagnosis, treatment options, medications, supplements, or other healthcare decisions with an appropriately qualified healthcare professional. Do not use VIDA Notes as the sole basis for making decisions about your health or medical care.

Information About Treatments, Supplements, and Other Health Options. From time to time, certain VIDA Notes may discuss prescription and non-prescription treatments, medications, supplements, lifestyle interventions, or other approaches to health and wellness, including available evidence regarding such options. The inclusion of a treatment, medication, supplement, intervention, or other health-related option in VIDA Notes does not constitute an endorsement, prescription, recommendation, or determination that the option is appropriate for you. Similarly, discussion of available evidence does not guarantee that a particular intervention will be effective or appropriate for any individual. You should consult an appropriately qualified healthcare professional before starting, stopping, changing, or otherwise acting upon any treatment, medication, supplement, or other health intervention.

Content May Change. Health and medical information can evolve as new research and evidence become available. We may update, revise, supplement, or remove VIDA Notes content from time to time. We do not represent that every article or other educational resource will always reflect the most current research or medical guidance. The publication date, update date, or other information displayed with particular content should be considered in evaluating that content.

No Individualized Responses Through VIDA Notes. Any questions, comments, or communications submitted in connection with VIDA Notes do not create an obligation for us or any healthcare professional to provide individualized medical advice or respond to the communication. Communications relating to VIDA Notes are not a substitute for a clinical consultation. If you are seeking individualized medical evaluation, diagnosis, or treatment, you should use the designated VIDA Clínica Virtual clinical pathway or consult another appropriately qualified healthcare professional.

Relationship to Medical Services. If you separately seek individualized medical care through VIDA Clínica Virtual, that care will be governed by the applicable Medical Terms of Service. Access to VIDA Notes does not automatically enroll you in VIDA Clínica Virtual, create a clinical account, initiate a medical consultation and/or evaluation, or establish a physician-patient relationship. Likewise, becoming a patient of VIDA Clínica Virtual does not mean that all VIDA Notes content constitutes part of your individualized medical care.

TOOLKIT AND OTHER DIGITAL PRODUCTS

Digital Products. The Website may offer digital products and educational programs, including the Toolkit and other self-paced educational programs that may be offered from time to time (“Digital Products”). Digital Products are educational resources designed to provide general information, educational content, and practical tools relating to women's health and related topics. Digital Products may address topics including, without limitation, premenstrual disorders, perimenopause, hormonal health, treatment options, lifestyle factors, and other health-related subjects. Digital Products are intended for educational and informational purposes only. They are not a substitute for individualized medical care, medical evaluation, diagnosis, or treatment.

Educational Nature of Digital Products. Digital Products are self-paced educational programs. They are designed to help users better understand health-related topics, become more informed about available options, and participate more effectively in conversations with their healthcare providers. The information and tools provided through a Digital Product are general in nature and are not tailored to the individual circumstances, symptoms, medical history, laboratory results, medications, or other health information of any particular user. Accordingly, the Website does not provide individualized medical recommendations through a Digital Product.

No Physician-Patient Relationship. Purchasing, accessing, or using a Digital Product does not establish a physician-patient relationship with VIDA Clínica Virtual, Daniela Caballero Varona, M.D., and/or any other healthcare provider. A purchase of, or access to, a Digital Product does not mean that you have become a patient of VIDA Clínica Virtual Daniela Caballero Varona, M.D., and/or any other healthcare provider.

Without limiting the foregoing, the following do not, by themselves, establish a physician-patient relationship:

• purchasing a Digital Product;
• creating an account to access a Digital Product;
• completing an intake, questionnaire, or other form associated with a Digital Product;
• communicating with the Website personnel regarding a Digital Product;
• reading or viewing content within or related to a Digital Product; and/or
• accessing content authored, reviewed, or presented by a physician.

A physician-patient relationship may be established only in connection with the provision of Medical Services through VIDA Clínica Virtual, as described in the applicable Medical Terms of Service and subject to applicable law.

Digital Products Are Not Medical Services. Digital Products do not constitute the provision of Medical Services. Unless otherwise expressly stated in the applicable Medical Terms of Service, Digital Products do not include:

• individualized medical evaluation;
• diagnosis;
• individualized treatment recommendations;
• prescribing or management of prescription medications;
• interpretation of an individual's medical records or test results for purposes of providing individualized medical care; or
• ongoing physician-patient care.

If you are seeking individualized medical advice, diagnosis, or treatment, you should use the VIDA Clínica Virtual clinical pathway or consult an appropriately qualified healthcare professional.

Physician Authorship or Expertise. From time to time, certain Digital Products may be developed, authored, reviewed, and/or presented by healthcare professionals. The involvement of a physician or other healthcare professional in the development or presentation of a Digital Product does not, by itself, convert the Digital Product into Medical Services, individualized medical evaluation, individualized treatment recommendations, diagnosis, ongoing physician-patient care and/or establish a physician-patient relationship. The educational content reflects the scope and purpose of the applicable Digital Product and is not intended to provide individualized medical advice to any particular user.

Purchases and Payment. Certain Digital Products may be available for purchase through the Website. Before completing a purchase, you will be provided with the applicable price and any material terms relating to the purchase. By submitting an order for a Digital Product, you agree to pay the applicable purchase price, together with any applicable taxes or other charges disclosed at checkout. Payment transactions may be processed through third-party payment providers. Your use of a third-party payment provider may also be subject to that provider's applicable terms and privacy practices. Please refer to our Privacy Policy (“Privacy Policy”) to learn more about third-parties applicable terms as it relates to privacy practices. We reserve the right to correct pricing or other errors and to cancel or refuse an order where an error has occurred, subject to applicable law.

Access to Digital Products. Following a successful purchase, we will provide access to the applicable Digital Product through the Website or the designated delivery method. Access may require you to create and maintain an Account. Digital Products are licensed to you for your personal, non-commercial use only. Unless expressly authorized by us in writing, you may not:

• resell, sublicense, distribute, or commercially exploit a Digital Product;
• reproduce or redistribute the Digital Product or substantial portions of its content;
• provide access to the Digital Product to another person;
• record, copy, or systematically reproduce the program or its materials for distribution; or
• use the Digital Product to create a competing product or service.

Your purchase provides you with access to the Digital Product; it does not transfer ownership of the underlying content, intellectual property, or other proprietary rights to you.

Refunds, Cancellations, and Digital Access. Refund, cancellation, and access terms applicable to a particular Digital Product will be disclosed at the time of purchase or in the applicable purchase terms. Where no separate refund or cancellation policy applies, purchases of Digital Products will be subject to the refund and cancellation terms stated at checkout, to the extent permitted by applicable law. Because Digital Products may be made available for immediate digital access following purchase, you acknowledge that access to the product may begin immediately after purchase where applicable. Nothing in these Terms limits any non-waivable rights or remedies you may have under applicable consumer protection or other applicable law.

Technical Access. We will use reasonable efforts to make purchased Digital Products available through the Website or applicable delivery platform. We do not guarantee that access will be uninterrupted or error-free at all times. Access may occasionally be affected by maintenance, technical issues, third-party services, internet connectivity, or circumstances beyond our reasonable control. You are solely responsible for maintaining the device, internet connection, software, and other technical requirements necessary to access a Digital Product.

Digital Products Do Not Replace Professional Care. Digital Products are intended to support education and informed participation in healthcare. They are not intended to replace an evaluation or consultation with a qualified healthcare professional. Health information can vary significantly from person to person. You should not delay seeking medical care or disregard professional medical advice because of information contained in a Digital Product. If you believe you may have a medical emergency or require urgent medical attention, do not rely on a Digital Product or the Website for assistance. Seek appropriate emergency or urgent medical care.

Relationship to Medical Services. If you separately choose to seek individualized medical care through VIDA Clínica Virtual, that care will be governed by the applicable Medical Terms of Service. Your purchase or use of a Digital Product does not automatically enroll you in VIDA Clínica Virtual, create a clinical account, initiate a medical consultation and/or evaluation, or establish a physician-patient relationship. Conversely, becoming a patient of VIDA Clínica Virtual does not automatically include access to any Digital Product unless expressly stated otherwise.

PRIVACY

Your privacy is of the utmost importance to us. Please review our Privacy Policy for a thorough description of how we gather, use and protect your confidential information. When you send a message to us, our team members who are not doctors or nurses may see and help answer your message. Communications submitted through general website forms, email addresses, social media, or other non-clinical channels are not a substitute for a medical visit and do not establish a physician-patient relationship. If you are seeking individualized medical care, you must use the designated VIDA Clínica Virtual intake or scheduling process. Like most websites, we collect general information regarding usage and users (including, without limitation, the domain of each user, the internet protocol address of each user, certain cookies, the medical records you access and release, and the date and time each web page was visited). This information is available for your review at our Privacy Policy. For information regarding how Protected Health Information, as defined by applicable law, is used and disclosed in connection with medical services, please review the Notice of HIPAA Privacy Practices.

ACCURACY OF INFORMATION

Third-Party Content. The Website may, from time to time, contain links to websites not operated by us (“Third-Party Websites”). To the fullest extent permitted by applicable law, we are not responsible for the content, products, services, materials, and/or practices, including privacy policies, among other matters, of Third-Party Websites. We may publish links to Third-Party Websites solely for your convenience and reference. This does not in any way constitute an express or implied endorsement by us of the content of such Third-Party Websites, nor any association with their operators, operations, and/or practices. The Website may also contain links to websites operated by us but that operate under different terms and conditions of use. It is your responsibility to review the privacy policies and terms and conditions of use of any other website you visit. To the fullest extent permitted by applicable law, we will not be responsible to you for third-party websites, content, products, materials, or practices.

INTELLECTUAL PROPERTY

Proprietary technology, content and trademarks. The software, code, proprietary methods and systems used in the Website (“Proprietary Technology”), as well as tools, materials, information, and content made available and/or displayed by us via the Website (“Proprietary Content”), are: (a) protected by copyright under applicable federal and local laws; (b) subject to other intellectual-property and proprietary rights and laws; and (c) owned by us. Neither our Proprietary Technology nor Proprietary Content may be copied, modified, reproduced, republished, published, transmitted, sold, offered for sale, and/or redistributed in any manner without our prior written consent. Subject to these Terms, we grant you a non-transferable, revocable, limited license to use and access the Website solely for your personal, non-commercial use and benefit, on any compatible device that you own or control (the “Limited License”). Except for the Limited License, nothing in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license to the Proprietary Technology and/or Proprietary Content. The names, logos, and other materials displayed in the Website constitute our trademarks, trade names, service marks, and/or logos (“Trademarks”). Ownership of all Trademarks belongs to us. You are not authorized to copy, modify, distribute, reproduce, or otherwise use the Trademarks.

Comments. If you provide ideas, opinions, critiques, suggestions, or other comments relating to the Website (“Comments”), you agree, acknowledge and understand that we may use such Comments to make improvements and/or modifications to the Website. You further agree, acknowledge and understand that you will not be entitled to receive any compensation for Comments used by us for these purposes. The foregoing applies unless we have entered into a separate agreement with you providing otherwise.

WEBSITE

Modifications. We reserve the right to modify and/or suspend the Website, with or without prior notice. In such an event, and to the fullest extent permitted by applicable law, we will not be responsible to you and/or to any third party. If you object to any such modifications, your sole remedy is to stop accessing the Website. Your continued, consecutive, and repeated access to the Website after notice of such modifications constitutes your acknowledgment of the modifications and your agreement to use the Website as modified. We may, in our sole discretion, immediately terminate your access to the Website at any time, with or without cause. We will not be responsible to you or any other party for termination of your access to the Website.

DISCLAIMER OF WARRANTIES

Warranties. Although we will use reasonable efforts to keep the Website available and functioning, to the fullest extent permitted by applicable law, we cannot and do not guarantee: (1) continuous or uninterrupted availability of the Website; and/or (2) that the Website will operate uninterrupted, timely, securely, and/or without errors. The Website is provided “as is” and “as available.” To the fullest extent permitted by applicable law, we make no express or implied warranties with respect to any content, product, and/or service, including, without limitation, any warranty of merchantability, fitness for a particular use or purpose, non-infringement, quiet enjoyment, or accuracy. You understand, acknowledge, and agree that you assume the risk associated with your use of the Website. To the fullest extent permitted by applicable law, we do not guarantee health results and do not guarantee that the Website will meet or satisfy your requirements or needs. To the extent that applicable law does not permit us to exclude any implied warranty, the scope and duration of such warranty will be limited to the maximum extent permitted by applicable law.

LIMITATION OF LIABILITY

We are willing to facilitate and provide access to the Website only if you accept certain limitations of our liability to you and third parties. To the fullest extent permitted by applicable law, in no event we, or our employees, officers, management, directors, owners, parent company, subsidiaries, affiliates, agents, or licensees, be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of: (1) your use of, or access to, the Website; (2) your inability to use or access the Website; or (3) otherwise relating thereto, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or any other cause. To the fullest extent permitted by applicable law, we will not be liable for any damages arising from, or any information appearing on, any other website linked to our Website. If you are dissatisfied with the Website, your sole remedy is to stop using the Website. To the extent that applicable law does not permit us to exclude any implied warranty or limit our liability, the scope and duration of such warranty, and the extent of our liability, shall be: (1) the fee equivalent to any product or service purchased (as applicable); (2) the fee equivalent to the last payment made to us (as applicable); or (3) the minimum amount permitted by applicable law, whichever is less.

FORCE MAJEURE

Under no circumstances we be liable for any delay or failure to perform our obligations under these Terms that result, directly or indirectly, from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet service failures, equipment failures, telecommunications equipment failures, power outages, strikes, labor disputes, riots, insurrections, civil disturbances, rain events, weather events, hurricanes, storms, floods, earthquakes, fires, accidents, explosions, pandemics, lockdowns, acts of God or force majeure, any natural disaster, wars, acts of terrorism, embargoes, riots, governmental actions, court orders, shortages of transportation, fuel, labor, or materials, failure of third parties, and/or any other event of a similar nature.

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold us harmless, our parent company, subsidiaries, affiliates, officers, directors, co-brand partners, and other partners, employees, consultants, and agents from and against any third-party claim, liability, damage, loss, cost, expense, or fee (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (1) your use of the Website (except to the extent prohibited by law); (2) your breach of these Terms; (3) any violation of any right of another person or entity; (4) any content, information, or materials you upload to the Website; or (5) any virus, Trojan horse, worm, time bomb, spyware, malware, cancelbot, or other similar harmful or disruptive programming tools that you introduce into the Website.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us. We reserve the right to terminate or modify these Terms at any time, with or without cause. A waiver of any term or condition, or of any breach thereof, shall not affect any other term or condition of these Terms.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Florida.

DISPUTE RESOLUTION

All claims and disputes (excluding claims for injunctive relief or other equitable remedies) relating to these Terms or the use of the Website that cannot be resolved informally shall be finally and bindingly resolved through arbitration administered by the American Arbitration Association (“AAA”) (“Binding Arbitration”). Binding Arbitration applies to you and us, as well as to any subsidiary, affiliate, agent, employee, predecessor in interest, successor, assignee, supplier, and licensee, and to all users or beneficiaries of the Website. This dispute resolution section shall survive termination of your relationship with us.

Binding Arbitration; Forum; Rules; Venue. Any controversy, claim, or dispute arising out of or relating to these Terms, the Website or any Service (“Dispute”) shall be resolved through Binding Arbitration in accordance with the AAA’s Commercial Arbitration Rules or, for consumer claims, its Consumer Arbitration Rules, as applicable (“AAA Rules”), in effect when the arbitration is initiated. Notwithstanding the foregoing, we may, at our discretion, elect to have the arbitration administered by JAMS under its applicable rules and procedures (the JAMS Comprehensive Arbitration Rules & Procedures or JAMS Streamlined Rules, as applicable), by providing written notice at the time the arbitration is requested. The arbitration shall take place in the State of Florida unless the parties agree otherwise in writing or the arbitrator determines another location for reasons of convenience. The arbitration shall be conducted by one (1) arbitrator with experience in commercial or technology disputes, as applicable. The arbitrator shall have exclusive authority to resolve any dispute concerning the interpretation, applicability, enforceability, or formation of this arbitration provision, including any allegation that it is void or voidable. The language of the arbitration shall be Spanish, unless the parties agree otherwise.

Each party shall bear its own legal costs, attorneys’ fees, and expenses, unless the arbitrator determines otherwise under applicable law or the AAA or JAMS Rules. The arbitration may be conducted virtually by videoconference, at the arbitrator’s discretion. The arbitrator’s award shall be final and binding and may be entered and enforced in any court of competent jurisdiction in the State of Florida. Notwithstanding the foregoing, either party may bring claims in the State of Florida, provided that such claims satisfy applicable jurisdictional requirements. You may opt out of this Binding Arbitration provision by providing written notice within thirty (30) days following your initial acceptance of these Terms.

Waiver of Trial. To the fullest extent permitted by applicable law, the parties waive their right to go to court and have a trial before a judge or jury, choosing instead to have all claims and disputes resolved through Binding Arbitration. Any claim that, by law, is not subject to arbitration, we and you agree to submit to the personal and exclusive jurisdiction, as well as the exclusive venue, of the state or federal courts located in the State of Florida. If litigation arises between the parties in any state or federal court, the parties waive their right to a jury trial and instead agree that the dispute will be resolved by a judge.

Class Action Waiver. To the fullest extent permitted by applicable law, all claims and disputes within the scope of this Terms shall be submitted to arbitration or litigation individually and not on a class-wide basis. Likewise, claims of more than one Visitor and/or Registered User may not be submitted to arbitration or litigation jointly or consolidated with those of any other person.

Confidentiality. All aspects of the arbitration proceeding, including, without limitation, the arbitrator’s award or decision and its enforcement, shall be strictly confidential. The parties agree to maintain confidentiality except as otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this dispute resolution section, enforce the arbitrator’s award or decision, or seek injunctive or equitable relief.

General Provisions

Severability. If any provision of these Terms is declared invalid, illegal, unenforceable, or in conflict with any law by a court of competent jurisdiction, such provision shall have no force or effect and shall be severed, while the remaining provisions shall remain in full force and effect.

Waiver of Rights. Any or all of the rights and limitations set forth in the dispute resolution section may be waived by the party against whom the claim is asserted. Such waiver shall not constitute a waiver of, or otherwise affect, any other part of the dispute resolution section.

Equitable Relief. Notwithstanding the foregoing, either party may seek injunctive relief from a state or federal court in order to maintain the status quo pending Binding Arbitration. Seeking injunctive relief shall not be deemed a waiver of any other rights or obligations under the dispute resolution section.

Survival. Even after your rights under these Terms have ended, all provisions of these Terms that by their nature should survive shall survive, including, without limitation, provisions relating to ownership, warranty disclaimers, indemnification and limitations of liability.

Contact. If you have questions regarding these Terms, you may contact us by email at: vidaclinicavirtual@gmail.com