Please read these Terms of Service (“Agreement”) carefully. By continuing to access or use the Services (as defined below), you consent to this Agreement. If you do not agree to this Agreement, do not access or otherwise use all or any portion of the Services.
If you are under the age of 18, a parent or legal guardian must first accept this Agreement on your behalf. By using the Services (as defined below), you affirm that you are over the age of 18. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for compliance with, and your minor child’s compliance with, this Agreement.
This Agreement is between you and WTHN, LLC (“WTHN” or “we”) concerning your use of (including any access to) the WTHN website currently located at www.wthn.com (together with any content, materials and services available therein, and successor website(s) thereto, the “Website”), and (ii) the products and/or services that we make available on or through the Website (all of the foregoing, collectively, “Services”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by WTHN through the Services, or otherwise made available to you by WTHN as well as any services made available to you by AUTH Acupuncture PLLC, if applicable. Your use of the Services is governed by this Agreement regardless of how you access the Services, including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network or otherwise.
BY USING THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.
1. WTHN Does Not Provide Medical Advice.
IF YOU HAVE, OR ARE HAVING, A MEDICAL EMERGENCY, YOU SHOULD CONTACT YOUR LOCAL EMERGENCY NOTIFICATION SYSTEM, OR GO TO YOUR LOCAL EMERGENCY ROOM.
You acknowledge that while some Content (as defined below) may be provided by individuals in the medical field, the provision of such Content does not create a medical professional/patient relationship, and does not constitute a medical opinion, medical advice, or diagnosis or treatment, but is provided for informational purposes only. If you rely on any Content, you do so solely at your own risk.
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING THE WEBSITE OR ANY CONTENT CONTAINED THEREIN, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE WEBSITE OR THROUGH ANY OTHER COMMUNICATIONS.
The Content, and any data, information or results provided on, through or by the Services, are (a) not intended to be medical advice or instructional for medical diagnosis or treatment, (b) not intended to be complete or to replace personal consultation with a qualified health care professional, and (c) not a substitute for are not intended to replace the advice of your physician or other qualified health provider(s) or any other diagnostic or therapeutic services. You should always seek the advice of your physician or other qualified health provider regarding any data, information or results provided by the Services or any questions you may have regarding a health or medical condition, and you must never disregard, avoid or delay obtaining professional medical advice from your physician or other qualified health provider(s) because of any data, information or results provided on, through or by the Services. You acknowledge that while some Content may be provided by individuals in the medical field, the provision of such Content does not create a medical professional/patient relationship, and does not constitute a medical opinion, medical advice, or diagnosis or treatment, but is provided for informational purposes only. “Content” means text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, content and other materials provided, made available or otherwise found on the Website. The Content is not intended to substitute for or replace any other diagnostic or therapeutic services. Reliance on any Content is solely at your own risk. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING THE WEBSITE OR ANY CONTENT CONTAINED THEREIN, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE WEBSITE OR THROUGH ANY OTHER COMMUNICATIONS.
2. Products. The Services may refer to certain goods or services (collectively, “Products”), including making available listings, descriptions, and images of, and references and links to, Products, whether such Products are made available by WTHN or by third parties. We make no representations as to the completeness, accuracy or timeliness of such references (including any features or specifications), and any such information is subject to change at any time without notice. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product. The Products may be changed periodically without prior notice.
3. Taping/Photographing. With regard to your use of the services provided by WTHN, you must at all times comply with all applicable state, local and federal laws and regulations.
4. WTHN operates subject to federal and state regulation. WTHN providers reserve the right to deny care if deemed inappropriate and/or due to potential misuse of services.
5. Changes. We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Services following any changes to this Agreement will constitute your acceptance of such changes. The “LAST UPDATED” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Services (including access to the Services via any third-party links); charge, modify or waive any fees required to use the Services; or offer opportunities to some or all Services users.
7. Jurisdictional Issues. The Services are controlled or operated (or both) from the United States, and is not intended to subject WTHN to any non-U.S. jurisdiction or law. The Services may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
8. Rules of Conduct. In connection with the Services, you will not (and will not encourage third parties to): use the Services for any purpose (including any purpose that is fraudulent or otherwise tortious or unlawful) other than the Services’ intended purpose; harvest or collect information about users of the Services; interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services, or violate any requirement, procedure or policy of such servers or networks; restrict or inhibit any other person from using the Services; copy, record, reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Services except as expressly authorized herein, without WTHN’s express prior written consent by you and/or any third party; reverse engineer, decompile or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law; remove any copyright, trademark or other proprietary rights notice from the Services; frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service, without WTHN’s express prior written consent; systematically download and store Services content; use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without WTHN’s express prior written consent; post, transmit or otherwise make available through or in connection with the Services any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, or otherwise tortious; (c) fraudulent, false, or otherwise intended to manipulate, distort, mislead, misrepresent, falsify or interfere with the Services or the use of the Services; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner; post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware, ransomware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
9. Registration; User Names and Passwords. You may need to register to use all or part of the Services. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not WTHN, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Services account.
10. Transactions. We may require you to pay a fee to access certain Services (for example, we may charge you a fee or require a subscription fee to use certain features). We may make available the ability to pay such fees through the Services (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
WTHN reserves the right, including without prior notice, to impose conditions on the honoring of any coupon, discount or similar promotion and to bar any user from making any Transaction. Refunds will be subject to WTHN’s applicable refund policies. You agree to pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Transactions.
11. Feedback. If you provide to us any ideas, proposals, suggestions, recommendations or other materials (“Feedback”), whether related to the Services or otherwise, WTHN and our affiliates will be free to use and disclose the Feedback in our sole discretion without any obligations or restrictions of any kind, including creating and distributing any product or service that incorporates the Feedback without paying you any royalties. You hereby acknowledge and agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place WTHN under any fiduciary or other obligation.
12. WTHN's Proprietary Rights. We and our licensors own the Website and other Services, which are protected by proprietary rights and laws. Without limiting Section 6 and except as otherwise expressly permitted by this Agreement, no part of the Website may be reproduced, transmitted, transcribed, stored in a retrieval system, or translated into any language in any form by any means without the prior written permission of WTHN. Subject to your compliance with this Agreement, and solely for so long as you are permitted by WTHN to use the Services, you may view one (1) copy of any portion of the Website to which we provide you access hereunder, on any single device, solely for your personal, non-commercial use and you may reproduce and disclose to third parties, such as your physician or other health provider, insurance provider or pharmacy, the results of your use of the Services.
All trade names, trademarks, service marks and logos on the Services are the property of WTHN or our licensors. You may not use WTHN’s trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
13. Third Party Materials; Links. Certain Services functionality may make available access to data, information, and materials made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement will be deemed to be a representation or warranty by WTHN with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Services at any time. In addition, the availability of any Third Party Materials through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
14. DISCLAIMER OF WARRANTIES. THE SERVICES AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WTHN DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH WTHN AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”).
While we try to maintain the timeliness, integrity and security of the Services, we do not guarantee that the Services are or will remain updated, complete, correct or secure, or that access to the Services will be uninterrupted. The Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any such alteration, contact us at www.wthn.com with a description of such alteration and its location on the Services.
15. Limitation of Liability. WTHN WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, WTHN WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES (INCLUDING, TO BE CLEAR, THE QUESTIONNAIRES AND RESULTS THEREOF) OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE SERVICES. THE MAXIMUM AGGREGATE LIABILITY OF WTHN FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO WTHN TO USE THE SERVICES AND (B) ONE HUNDRED DOLLARS ($100). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH WTHN AND THE AFFILIATED ENTITIES.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
16. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless WTHN and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of or related to (a) your use of, or activities in connection with, the Services; and (b) any violation or alleged violation of this Agreement by you.
17. Termination. This Agreement is effective until terminated. WTHN may terminate or suspend your use of the Services at any time and without prior notice, including if WTHN believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Services will immediately cease, and WTHN may, without liability to you or any third party, immediately deactivate or delete your username, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 1, 2, 4 through 9, and 11 through 21 will survive any expiration or termination of this Agreement.
18. Governing Law; Jurisdiction. This Agreement is governed by and will be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in New York, New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
19. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from OnGuard Online (http://onguardonline.gov/). Please note that WTHN does not endorse any of the products or services listed on such sites.
20. Information or Complaints. If you have a question or complaint regarding the Services, please send an e-mail to email@example.com. You may also contact us by writing to WTHN, LLC, 20 West 22nd Street, New York, New York 10010, or by calling us at 646-588-9846. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
21. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users.
22. Miscellaneous. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and WTHN. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Neither a course of dealing nor conduct between you and us nor any trade practices shall be deemed to modify this Agreement. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and WTHN relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and WTHN relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. WTHN will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
23. I DO AFFIRM THAT I HAVE BEEN ADVISED BY A LICENSED ACUPUNCTURIST TO CONSULT A PHYSICIAN REGARDING THE CONDITION OR CONDITIONS FOR WHICH I SEEK ACUPUNCTURE TREATMENT.
24. Consent to Professional Treatment. You certify that all information provided to us is true and correct, to the best of your knowledge. You grant your consent to WTHN and its staff to render treatment as deemed necessary by the acupuncturist. If you are a minor under the age of eighteen (18) at the date of treatment, I hereby stipulate that I am the legal guardian of the child and grant my consent for the treatment of the child as provided for herein. The patient may refuse treatment at any time.
BASE MEMBERSHIP TERMS
In addition to your minimum one monthly acupuncture session, you'll receive unlimited monthly sessions at the membership price, complimentary LED Light Therapy + Cupping Therapy, as well as 10% off WTHN herb blends.
Credit card on file will be automatically charged on the anniversary of your membership month for the minimum of one session. Any additional sessions will be billed on the day in which the service is received
Minimum Commitment / Cancellation
All WTHN memberships require a 6-month commitment. Cancellations within 6 months have a $100 cancellation fee. If you need to cancel anytime after that, please refer to the terms below. Email us at firstname.lastname@example.org.
We know work, travel, and life can come up. You may freeze your membership once a year for up to 3 consecutive months.
At least one monthly treatment is what keeps you healthy and feeling your best. Missed services will be forfeited. If you know you won’t be able to make it into the studio at least once this month ahead of time, email us and we will freeze you for that month.
MEMBER’S RIGHT TO CANCELLATION
You may cancel this contract without any penalty or further obligation with written notice by email provided to WTHN within (3) days from the Agreement date only. MEMBER/BUYER AND WTHN EACH HEREBY ACKNOWLEDGE RECEIPT OF A FULLY COMPLETED COPY OF THIS AGREEMENT EXECUTED BY BOTH MEMBER/BUYER AND WTHN. MEMBER AND WTHN EACH ACKNOWLEDGE THE ADDITIONAL MEMBERSHIP AGREEMENT TERMS SET FORTH BELOW. I understand that this agreement is for a minimum of six months, at which time membership may be terminated at any time with 30 days written notice by email (email@example.com) or certified mail addressed to: Membership Manager, WTHN 20 W 22ND ST, New York, NY 10010.
ADDITIONAL MEMBERSHIP AGREEMENT TERMS
Last Updated: November 5, 2018