Effective: April 27, 2020
1. Acceptance of the Terms
Welcome to www.queerlyhealth.com. The www.queerlyhealth.com website, mobile applications, and related services (collectively, the “Services”) is operated by Queerly Health, Inc. (“Queerly Health”). The Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein together with any documents they expressly incorporate by reference (the “Terms”). Your use of the Services constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference. If you do not accept and agree to be bound by these Terms, you are not authorized to access or otherwise use the Services.
2. Service Description
Queerly Health offers access to a network of vetted healthcare practitioners who offer culturally competent care to the LGBTQ+ community. Each healthcare practitioner in the Queerly Health network must complete a questionnaire, be interviewed by the Queerly Health team, and be finally reviewed and approved before the practitioner will be given access to the Services to create their practitioner profile. Practitioners are not guaranteed access to the network and may be referred for competency training before they are allowed to join the Queerly Health network. The practitioners identified on the Services are independent professionals and are not employed or otherwise affiliated with Queerly Health. Queerly Health does not practice medicine, and it does not interfere with the practice of medicine by practitioners, each of whom is responsible for their services and compliance with the requirements applicable to their profession and license. Queerly Health is not liable for any advice or medical care you obtain from a practitioner identified via the Services.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY DIAL 911.
4. Changes to Terms
Queerly Health reserves the right, in its sole discretion, to change these Terms. The most current version of the Terms will supersede all previous versions, and all changes are effective immediately when posted. Queerly Health encourages you to periodically review the Terms to stay informed of updates.
5. Electronic Communications
Visiting the Services or sending emails to Queerly Health constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that Queerly Health provides to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing.
6. Your Information
7. Children Under Thirteen
The Services are not intended for use by persons under the age of 13. Queerly Health does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are between the age of 13 and 18, you may use the Services only with permission of a parent or guardian who accepts these Terms.
8. Payment Services
Payment processing services on the Services are provided by Stripe and are subject to the Stripe Terms of Service. By agreeing to these Terms, you agree to be bound by the Stripe Terms of Service, as the same may be modified by Stripe from time to time. In connection with such payment processing services, you agree to provide accurate and complete information, and you authorize the Services to share it and transaction information related to your use of the payment processing services provided by Stripe.
9. Cancellation/Refund Policy
Practitioners can cancel their memberships at any time and receive a partial refund of any prepaid fees. Upon cancellation, your profile will be deactivated and deleted. Cancellations and refunds can be requested by emailing email@example.com.
10. Links to Third Party Sites/Third Party Services
The Services may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Queerly Health, and Queerly Health is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Queerly Health is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Queerly Health of the site or any association with its operators.
11. Intellectual Property
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Queerly Health, its licensors, or other practitioners of such material. You are granted a non-exclusive, non-transferable, non-sublicenseable, revocable license to access and use the Services strictly in accordance with these Terms. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services. Queerly Health content is not for resale. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any content on the Services. Except as expressly authorized by these Terms, Queerly Health does not grant you any licenses, express or implied, to any intellectual property of Queerly Health or its licensors.The Queerly Health name and all related names, logos, product and service names, designs, and slogans are trademarks of Queerly Health or its affiliates or licensors. You must not use such marks without the prior written permission of Queerly Health.
12. No Unlawful or Prohibited Use
As a condition of your use of the Services, you warrant to Queerly Health that you will not:
- Use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which may harm Queerly Health or its users or expose Queerly Health to liability, as determined by Queerly Health in its sole discretion.
- Use the Services in any manner not authorized by Queerly Health.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without Queerly Health’s prior written consent.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Services.
- Otherwise attempt to interfere with the proper working of the Services.
13. Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Queerly Health, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Queerly Health. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
14. International Users
The Services are controlled, operated and administered by Queerly Health from its offices within the United States. If you access the Services from a location outside of the United States, you are responsible for compliance with all local laws. You agree that you will not use the Queerly Health content accessed through the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend, and hold harmless Queerly Health for any third-party claims relating to or arising out of your violation of these Terms.
16. Disclaimer of Warranties
QUEERLY HEALTH MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES, INCLUDING WITHOUT LIMITATION INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. QUEERLY HEALTH HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
17. Limitation of Liability
In no event shall Queerly Health be liable to you or to any third party, whether under theory of contract, tort or otherwise, for any indirect, incidental, punitive, consequential, or special damages (including any damage to business reputation, lost profits or lost data), whether foreseeable or not and whether you were advised of the possibility of such damages. Queerly Health’s aggregate cumulative liability in connection with your use of the Services and these Terms shall not exceed, in the aggregate and regardless of whether under theory of contract, tort or otherwise, the total of all fees actually paid by you to Queerly Health in connection with your use of the Services.
This agreement is governed by the laws of the State of New York. You hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to these Terms or your use of the Services.
19. Contact Us
Queerly Health welcomes your questions or comments regarding these Terms at firstname.lastname@example.org.