Welcome to Circle of XYZ, Inc. By accessing or using our services, you agree to comply with and be bound by the following terms and conditions. Please read them carefully.
Acceptance of Terms
By accessing or using the Circle of Health platform, you agree to these terms and conditions and any additional terms referenced herein. If you do not agree to these terms, you may not use our services.
These Terms of Services are the only agreement between us and you and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services, the content, products or services provided by or through the Services, and the subject matter of these Terms of Service. You must be at least the age of legal majority where you live (which is currently 18 years old in most states) to use our Services. If you are using this Website on behalf of an entity, you represent and warrant you have authority to bind the entity.
Modifications
These Terms of Service may be amended at any time by us without specific notice to you. The latest Terms of Service will be posted on our website, and you should review the Terms of Service prior to using the Services, so you are aware of any changes. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes.
Privacy
The Privacy Policy is incorporated by reference into these Terms of Service, and your agreement to be bound by these Terms of Service means you are also bound by the Privacy Policy.
Use of Services
Certain sections of, or offerings from, the Services may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information and to update such information as necessary to keep it accurate, current, and complete. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
You authorize Circle of XYZ, Inc. directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include without limitation requiring you to provide your date of birth and/or mobile telephone number, asking you for further information, or verifying your information against third party databases or through other sources. Circle of XYZ, Inc reserves the right to close, suspend, or limit access to your account and/or the Services in the event that, in our sole discretion, (a) we are unable to obtain or verify identity or eligibility; (b) the security of your account has been compromised; or (c) your account has been used in, or seems to have been used in, a nefarious manner.
Verification; No Reliance on the Term “Expert”
Every Expert on the Site has had at least one credential relevant to the category in which they are answering questions verified by a third-party verification service and/or claimed to be an expert, Other information about an Expert, not shown as verified, has been provided by the Expert but has not been verified. Use of the term “Expert” by Circle of XYZ, Inc and on the Site is only meant to describe Users who answer questions on the Site, and not to guarantee any particular level of expertise of these Experts.
The results of the verifications are only as accurate as the information provided to and by the experts themselves. Circle of XYZ, Inc, makes effort to verify, but cannot warrant or guarantee an Expert’s purported identity; user identification on the Internet is difficult. For these reasons, Circle of XYZ, Inc cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of Users and information provided by Users including Experts. You acknowledge that Circle of XYZ, Inc will not be liable for any loss or damages caused by your reliance on any information or content provided by Experts.
Information Not Advice; No Client-Professional Relationship
Answers of Experts on the Site or app are provided by Experts and are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, tax, financial, etc.) advice.
By answering questions, Experts do not intend to form, and do not form attorney-client or doctor-patient relationships with Users of the Site. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Experts in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.
No professional-client relationships shall be formed on the Site. Communications on this Site are not confidential and shall not be the subject of any associated privileges. Communications on this Site are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
Fees for Users
You undertake to pay the fees charged to you for meetings.
Once a meeting is accepted by the expert, we or our authorized third party payment processor will collect the fees payable via your credit card. In order to process your payment, you will be asked for billing information including name, billing address and your credit card details. We will ensure that in case payments are processed by a third party these are via a secure payment method. Please note that where transactions are undertaken by a third party processor the terms and conditions and privacy policy which apply to the processors services will be applicable to your transaction. Please review the third parties’ terms and conditions and privacy policy before using the services. You must also check if your credit card provider charges fees related to the payment of these services. We disclaim liability for credit card processing transactions charged to you by your provider.
You agree to provide current, complete and accurate billing information, including your email address, credit card number and expiration date, so that we can complete your transactions and contact you as needed.
At the booking of a session you authorize us to charge your credit card to collect the fees listed in relation to your selected expert on our website.
If you do not attend a paid call and the mentor was present, this session will count as completed. As the mentor plans their time for these calls, cancellations within 6 hours of the scheduled start time are also considered as completed calls.
The pricing of our services may change, at any time without prior notice and at our discretion. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our services.
Non-Circumvention
All expert sessions are to be scheduled within the Circle of Health platform. It is a breach of the terms of service for experts and users to suggest making or receiving a payment outside of the Circle of Health platform for services rendered and connections established via the Circle of Health platform.
Copyright
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Services, except as allowed by these Terms of Service below, is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the Services. The postings of information or materials on the Services does not constitute a waiver of any right in such information and materials. Some of the content on the Services is the copyrighted work of third parties.
Restrictions and Prohibitions on Use
Your license for access and use of the Services and any information, products, services and materials they contain (collectively defined as “Content”) therein are subject to the following restrictions and prohibitions on use: you may not (a) copy, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Services or any Content retrieved therefrom, including information shared with you during discussions with Circle of Health experts; (b) recording, whether by audio or video or other imaging, any part of Circle of XYZ, Inc (c) create compilations or derivative works of any Content from the Services; (c) use any Content from the Services in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (d) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Services; (e) make any portion of the Services available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (f) remove, decompile, disassemble or reverse engineer any software in the Services or use any network monitoring or discovery software to determine the Services architecture; (g) use any automatic or manual process to harvest information from the Services; (h) use the Services for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions or telephone solicitations; (i) use the Services in a manner that violates any state or federal law; (j) export or re-export the Services or any portion thereof, or any software available on or through the Services, in violation of the export control laws or regulations of the United States; and (k) use the Services in any way except as permitted by these Terms of Service.
Errors, Corrections and Changes
We do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable or appropriate for your use. We may make changes to the features, functionality or content of the Services at any time. We reserve the right in our sole discretion to edit or delete any information or Content appearing on the Services.
Third-Party Content
Third-party content may appear on the Services or may be accessible via links from the Services. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Services. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and are neither endorsed by nor do they necessarily reflect our belief.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of these Terms of Service and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Nontransferable
Your right to use the Services, and if authorized, the Certification Mark, is not transferable or assignable. Any password or right given to you to obtain information is not transferable or assignable.
Disclaimer
The information and Content from or through the Services are provided “as-is,” “as available,” with “all faults”, and warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our Affiliated Parties have no liability whatsoever for your use of any information or services, except as provided in Section 15(b). No advice or information, whether oral or written, obtained by you from us through the Services or otherwise shall create any warranty, representation or guarantee not expressly stated in these Terms of Service.
Indemnification
You agree to indemnify, defend and hold us and our affiliates, and their officers, directors, service providers, contractors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) your access to or use of our website, it’s content and services; (2) your violation of these ToS; (3) Any comments or information posted by you; (4) your interaction with any third parties or individuals arising from use of our services; (5) reliance on any material obtained from or via our services.
Limitation of Liability
We and any Affiliated Party are not liable for any indirect, special, incidental, punitive, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages.
In no case shall we, our officers, directors, service providers, contractors, employees and agents be held liable for any injuries, losses, claims, or any direct, indirect, incidental or consequential damages of any kind, including, without limitation lost profits or revenue, loss of data, loss of goodwill, replacement costs, service interruption, system failure or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services procured from us including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our services or content.
The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. The Services and the Content presented would not be provided without such limitations.
The aggregate liability of us and any Affiliated Party in connection with any claim arising out of or relating to the Services and/or the Content provided herein or hereby shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and any Affiliated Party.
Use of Information
We reserve the right, and you authorize us, to use and share, in any manner consistent with our Privacy Policy, all information regarding your use of the Services. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential and will not be liable for the use of any ideas provided by you (including without limitation, product, service or advertising ideas). We will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Severable and Survival
If any provision of these Terms of Service is found invalid or unenforceable pursuant to judicial decision, the remainder of these Terms of Service will remain valid and enforceable according to its terms. All terms that logically ought to survive the termination of these Terms of Service shall survive.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services and the Content provided therein.
Governing Law and Jurisdiction
These Terms of Service shall be governed by the laws of the State of New York without regard to conflicts or choice of law rules or principles. Any action to enforce these Terms of Service shall be filed in the State or Federal Courts located in New York, New York, only.
Force Majeure
Circle of XYZ, Inc will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond Circle of XYZ, Inc’s reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action, in so far as such an event prevents or delays Circle of XYZ, Inc in fulfilling its obligations hereunder.
Contact Information
If you have any questions or concerns about these Terms of Service, please email us at [email protected]
