TERMS AND CONDITIONS OF SERVICE

Overview
Welcome to the website of MODI HEALTH TECHNOLOGIES, LLC, a California limited liability company (hereinafter referred to as “MHT”) we are excited to provide our users with wellness-related video content. Our videos range from instructional exercise and cooking demonstrations to live video interactions with fitness trainers, chefs, and medical practitioners.
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY USING THIS WEBSITE YOU CONSENT TO RECEIVING THIS AGREEMENT IN ELECTRONCI FORM. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF SERVICE, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, YOU CANNOT USE THIS SERVICE. IF YOU DO NOT ACCEPT, YOU MUST STOP USING THE SERVICE AND TERMINATE YOUR ACCOUNT.

We reserve the right, at our sole discretion, to change or modify portions of these Terms and Conditions of Service at any time without further notice. You should periodically visit this page to review the current Terms and Conditions of Service so you are aware of any revision to which you are bound. Your continued use of this service after any such changes constitutes your acceptance of the new Terms and Conditions of Service. If you do not agree to abide by these or any future Terms and Conditions of Service, do not use or access (or continue to use or access) the website. In addition, when using certain services, you shall be subject to any additional terms, policies or guidelines applicable to such services that may be posted on this website from time to time. All such terms, policies and guidelines are hereby incorporated by reference into these Terms and Conditions of Service.
HEALTH WARNING AND LIABILITY DISCLAIMER:
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED BY MHT IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF MHT’S SERVICES ARE AT YOUR OWN RISK. PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 5 BELOW BEFORE COMMENCING YOUR USE OF THIS SERVICE. MHT SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF ITS SERVICE.

General Disclaimer. MHT provides services on an “as is” and “as available” basis. You therefore use the MHT at your own risk. MHT expressly disclaims to the fullest extent possible any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. MHT does not warrant the accuracy, completeness or timeliness of the materials on this website. Without limiting the foregoing, MHT does not warrant that access to the website will be uninterrupted or error-free, or that defects, if any, will be corrected; nor does MHT make any representations about the accuracy, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of the website or any of the information contained therein. You expressly agree that your use of the website and your reliance upon any of its contents is at your sole risk.

BASIC TERMS AND CONDITIONS
1. Description of Services

2. Access to the website. You or MHT may suspend or terminate your access to the website at any time, for any reason or for no reason. MHT has the right (but not the obligation) to refuse to provide access to the website to any person or organization, or to prohibit any person or organization from using the website, at any time, for any reason or for no reason at all, in our sole discretion. You represent and warrant that you are at least eighteen 18 years of age and possess the legal right and ability to agree to these Terms and Conditions of Service and to use this website in accordance with these Terms and Conditions of Service. MHT maintains this website from offices in the United States of America and makes no representation that materials on the website are appropriate or available for use in other locations. If you access this website from a location outside the United States, you do so at your own risk and initiative and are responsible for compliance with applicable laws at your location.

3. Membership

4. Payments

5. Professional Advice and Medical Disclaimer. This website may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only. The content of this website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The content relating to medical conditions and their treatment is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professionals. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. You should not use the information contained herein for diagnosing a health problem or disease. YOU SHOULD NOT CONSTRUE THIS CONTENT AS ANY WARRANTY OR RECOMMENDATION OF TREATMENT.

You should consult your physician or other health care practitioner before starting this or any other exercise, nutrition program, or healthy living program. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, food allergies, or if you have ever experienced chest pain when exercising, smoke, have high cholesterol, or have a bone or joint problem that could be made worse by a change in physical activity. Do not use the MHT service if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately.

The MHT service offers health, fitness, and general wellness information and is designed for informational purposes only. Nothing stated or posted on the MHT site or available through any MHT services is intended to be, and must not be taken to be, the practice of medical, professional or counseling care. You should not rely on any information on the MHT service as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult a physician or other health-care professional. Do not ever disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the service. The use of any information provided on the service is solely at your own risk.

The MHT site is continually under development and MHT makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard, developments in medical research may impact general health, fitness and advice. No assurance can be given that the information contained on the daily burn site will always include the most recent developments with respect to the particular material.

PRIVACY

6. How We Use Your Information. We will only collect information that you voluntarily submit. We believe in keeping confidential any and all personally identifiable information that identifies an individual whether or not it relates to an individual’s past, present, or future physical or mental health condition. Any protected health information you disclose is protected by the Health Insurance Portability and Accountability Act (HIPAA) Privacy Act. MHT website has a HIPAA-compliant portal. For more information, click here.

We may use common internet technologies, such as “cookies”, to manage the information we receive from you. MHT will not share, sell or otherwise distribute any of your personally-identifiable information with third parties for their promotional or sales purposes. In the event we provide a product or service to you, we may share certain information only with organizations who work with MHT in order to provide those services to you. You agree that any information you provide through this website is not generally confidential and MHT may use information that you supply through the website to improve our service and product offerings or our website and also to provide you with additional information about our products and services.

7. Security. We take appropriate commercially reasonable physical, electronic, and other security measures to help safeguard personal information from unauthorized access, alteration, or disclosure.

GENERAL PROVISIONS

8. Links to other websites. This website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement or recommendation by MHT of the content on such third-party websites or as an indication of any affiliation, sponsorship or endorsement of or by such third-party websites. If you use any links, you will leave the MHT website. MHT is not responsible for the content of linked third-party websites and does not make any representations regarding the privacy practices of, or any information or product or accuracy of materials found on such third-party websites. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk.

9. Intellectual property. All material contained in this website (including images, text, videos, and the look and feel attributes) is the property of MHT and/or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property law. MHT reserves all rights in that regard. Removing or altering the copyright notice on any material that appears in this website is strictly prohibited. Nothing contained in this website should be construed as granting any license or other right without the express written permission of MHT. Any content viewed through our service is for your personal and non-commercial use only. You agree not to use the service for public performances or any commercial purpose.

10. Arbitration. All disputes, claims, or controversies arising out of or relating to these Terms and Conditions of Service or the Service that are not resolved by mutual agreement shall be resolved by binding arbitration to be conducted in ____________, California in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”). Unless otherwise agreed by the parties, arbitration will be before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms and Conditions of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms and Conditions of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms and Conditions of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Notwithstanding the provisions of the introductory section above, if MHT changes this Arbitration section after the date you first accepted these Terms and Conditions of Service (or accepted any subsequent changes to these Terms and Conditions of Service), you may reject any such change by sending us written notice within thirty (30) days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of MHT’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and MHT in accordance with the provisions of this section as of the date you first accepted these Terms and Conditions of Service (or accepted any subsequent changes to these Terms and Conditions of Service).
11. Entire Agreement. These Terms and Conditions of Service constitute the entire agreement between you and MHT and govern your use of the Service, superseding any prior agreements between you and MHT with respect to the Service.

12. Governing Law. These Terms and Conditions of Service shall be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and MHT agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within __________________.

13. Waiver. The failure of MHT to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision.

14. Severance. If any provision of these Terms and Conditions of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions of Service remain in full force and effect.

15. Notice. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms and Conditions of Service or other matters by displaying notices or links to notices generally on the Service. The date of receipt for notices given by email will be the date on which such notice is transmitted.

16. Effect of Titles. The section titles in these Terms and Conditions of Service are for convenience only and have no legal or contractual effect.
Date of Last Revision: ______________________
Video Disclaimers
YOU MUST SEEK MEDICAL ADVICE FROM YOUR DOCTOR BEFORE BEGINNING ANY TYPE OF EXERCISE OR NUTRITION PROGRAM.
MHT services and programs do not constitute medical advice. If at any point during your workout you feel dizzy, faint, or have physical discomfort, you should stop immediately. MHT its parent, subsidiaries and affiliates are not responsible for any injuries that result from performing the exercises shown in this program. Any user of this exercise program assumes all risk of injury and the creators, producers and distributers disclaim any liabilities in connection with the exercise program and advice herein.
Statements made here with respect to products and supplements offered have not been evaluated by the Food and Drug Administration. Products, services, and advice provided here are not intended to diagnose, treat, cure, or prevent disease.

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ModiHealth is a virtual health and wellness company that takes an integrative approach to health, providing virtual care solutions to improve access to care, patient outcomes, and quality of life.

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