EFFECTIVE DATE: August 16, 2022
Welcome to TRUE Medicine! These Terms of Service (“Terms”) are a legally binding contract and govern your access to, and use of, the website at https://www.TRUEMedicineMS.com and other digital products and services (“Services”) offered by TRUE MEDICINE LLC, a California limited liability company (“TRUE Medicine, “we,” or “us”).
These terms provide important information, including your agreement to grant us rights to your content, our limitation of liability, your waiver of any right to participate in a class action, and your agreement to resolve any disputes between you and TRUE Medicine by binding individual arbitration. By using the Services, you agree to be bound by these Terms. You may have a family member, friend, or person of your choice (“Personal Representative”) help you with accessing our Services. Your Personal Representative also agrees to be bound by these Terms. We reserve the right to review, approve, and terminate the access of your Personal Representative to our Services. If you choose to have a Personal Representative, the term “you” in the remainder of the Terms refers to both you and your Personal Representative.
It is important that you carefully read and understand these Terms. If you do not agree to these Terms, you should not use the Services.
Changes to these Terms or the Services
We reserve the right to change these Terms from time to time, in our sole discretion. In addition, we may change or stop providing the Services at any time. All changes are effective immediately. You agree that your continued use of the Services following such changes constitutes your acceptance of such changes to these Terms.
Your Privacy
You acknowledge and agree that any personal information that you provide or that we collect in connection with the Services will be treated in the manner described in our Privacy Policy, which can be found at https://truemedicinems.com/privacy-policy/. Our Privacy Policy is incorporated into these Terms.
Registration and Your Account
You will need to sign up for a user account to use our Services. Any use by anyone under the age of 18 is strictly prohibited.
You may use the Services only for your own personal, non-commercial use. If you are registering on behalf of your family member, your family member may only use the Services for their own personal, non-commercial use. To access certain features of the Services or to become a member, you will have to create an account via the website at https://www.truemedicinems.com. It is important that you provide us with accurate and complete information for your account, and update as needed. You are responsible for protecting your account username and password, and for all activities that occur under your account. You should immediately notify us of any unauthorized use of your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage if you do not protect your account or your personal information.
Payments
If you purchase any products or services (“Products”) through our Services, you agree to pay all applicable fees and taxes. We use third party payment processors (e.g. stripe, its affiliates, and vendors) to handle all of our financial transactions. By providing your payment information to our third party payment processor, you represent and warrant that you are legally authorized to provide such information and that you are legally authorized to initiate payments using such information. The third party payment processors may have additional requirements and their own Terms of Service and Privacy Policy.
Acknowledgement of Fees
Unless otherwise expressly stated in a written contract between TRUE Medicine and you, TRUE Medicine charges certain fees (the “Fees”) for access to certain features of the Services. The Fees may be modified by notice in accordance with these Terms.
TRUE Medicine will charge your Fees to your designated billing account. You agree to make the payment using your designated account. We will not accept any payment in cash or check. IF YOUR ACCOUNT IS SUBJECT TO THE FEES, YOU AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD THE FEES AT THE TIME OF PAYMENT.
If the amount to be charged to you varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), for example, due to an increase in the Fees, you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge at least thirty (30) days before the scheduled date of the transaction. If you do not agree with the new amount in the notice, you may cancel the transaction by logging into your account and selecting “cancel membership” or contacting us at LiveWell@TRUEMedicineMS.com.
Free Trials, Scholarships, and Other Promotions
ANY FREE TRIAL, SCHOLARSHIPS, OR OTHER PROMOTION (“PROMOTIONAL MATERIALS”) THAT PROVIDES PAID MEMBER-LEVEL ACCESS TO THE SERVICES MUST BE USED WITHIN THE SPECIFIED TIME OF THE TRIAL. IF YOU DO NOT WISH TO CONTINUE YOUR MEMBERSHIP, YOU MUST CANCEL YOUR TRIAL MEMBERSHIP BEFORE THE END OF THE TRIAL PERIOD IN ORDER TO AVOID BEING CHARGED THE FEES, AS APPLICABLE. IF YOU CANCEL PRIOR TO THE END OF THE TRIAL PERIOD AND ARE INADVERTENTLY CHARGED FOR A MEMBERSHIP, PLEASE CONTACT US AT LIVEWELL@TRUEMEDICINEMS.COM FOR A REFUND.
Any Promotional Materials are non-transferrable. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Promotional Materials or any part or portion thereof, with or without notice to you.
If you would like to apply for a scholarship, please contact us at LiveWell@TRUEMedicineMS.com.
Your Use of the Services
Subject to these Terms, TRUE Medicine grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by TRUE Medicine in the manner permitted by these Terms. The rights granted to you constitute a limited license and not a transfer of title. All rights, titles, and interests in and to the Services (excluding content provided by users) are and will remain the exclusive property of TRUE Medicine and its affiliates.
Our Services include an educational course that is provided in a group format. The Services may include scheduled orientation; scheduled group meetings; flexible time for you to review our modules, videos, and utilize our Services at your own pace; online forums where registered participants can post chats, photos, and information they would like to share. Our Services are provided in a group setting, which means your posts, photos, or any information you share may be viewed, retained, and/or heard by True Medicine and its other registered users who are participating in the specific Services.
The “Start Date” of our Services is defined as 1) the date of orientation (for Services that include orientation) or 2) the first date our Services become available to you (for Services that do not include orientation). Access to our materials are based on a preset schedule, which is available in your account. You will have one (1) year from the Start Date to access our Services.
You are prohibited from any use of data mining, robots, or any other data gathering and extraction tools in your use of the Services.
The Services are protected by copyright, trademark, other laws of the United States, and possibly by jurisdictions outside of the United States. Nothing in these Terms gives you a right to use TRUE Medicine’s intellectual property, including but not limited to TRUE Medicine’s name or any of TRUE Medicine’s trademarks, logos, domain names, other distinctive brand features, or copyrights.
Your Conduct
You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use and enjoyment of the Services by us, other users of the Services and/or any third party. Such restriction includes conduct which is unlawful, or which may, in TRUE Medicine’s sole opinion, harass or cause distress or inconvenience to any person and the transmission of obscene, defamatory, or offensive content, or result in any disruption, within the Services.
In order to enable us to continue to offer the Services, you also agree to keep all information you hear while using the Services, including, but not limited to, during any online video group calls in strict confidence.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, TRUE Medicine’s computer systems, or the technical delivery systems of TRUE Medicine’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by TRUE Medicine; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services.
TRUE Medicine, in its sole discretion, reserves the right to terminate your access to Services if your conduct violates our Terms of Service, Privacy Policy, community standards, or anything related to our Services. If we determine your conduct violates our policies, we will immediately terminate your access to our Services.
Testimonials
Our testimonials are provided by previous and current users of our Services. If you would like to provide a testimonial, please email us at LiveWell@TRUEMedicineMS.com with your name, a description of the items you would like to include in your testimonial (e.g. written review, photos), and the statement “I agree to share my testimonial with TRUE Medicine for any and all marketing purposes. I understand that I will not receive any compensation for my testimonial. If I want to revoke my testimonial, I can do so by emailing TRUE Medicine at LiveWell@TRUEMedicineMS.com. I understand that TRUE Medicine may not be able to delete testimonials that were published before my revocation.”
Copyright Policy/Intellectual Property Policy
We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged intellectual property infringement, including but not limited to copyright infringement, that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please submit a claim by e-mailing us or by writing to us at the contact information provided below.
Links
The Services may contain links to third party websites, advertisers, services, or other content that is not owned or controlled by TRUE Medicine. We do not assume any responsibility for such third party sites, information, products, or services. If you access any third party website, service or content from TRUE Medicine, you do so at your own risk and agree that we will have no liability arising from your use of or access to any third party website, service or content. Based on the information you provide to us, the links may include suggested products. Your participation with these products is voluntary and is not a requirement to use our Services. While we may provide information and offer products on our website, we do not encourage you to use or consume any of these products without recommendations from your primary care physician and/or medical care team.
You have permission to use buttons, links, and widgets, subject to these Terms, and agree that your use of such buttons, links and widgets will link only to the Services. You may not modify such buttons, links or widgets or associated code in any manner, and may not imply or suggest that TRUE Medicine operates, endorses, sponsors, or recommends the website on which such buttons, links, or widgets are used. We retain the right to revoke the permission to use such buttons, links, and widgets at any time for any reason.
Third-Party Affiliates
TRUE Medicine may participate in affiliation agreements with third-party affiliates to help support our financial scholarship programs, ensure that our Services are accessible to those with financial needs, and to generate revenue to support our operational costs. Our third-party affiliations are intended to provide you with a discount for products or services that are aligned with our Services. We may earn money from qualifying purchases you make with third-party affiliates. All affiliation transactions happen on the third-party affiliates’ external websites. Any requests for refunds or questions need to be addressed directly with the third-party affiliate. TRUE Medicine cannot provide any refunds and/or answer questions on behalf of the third-party affiliates. Your participation with third-party affiliates is voluntary and is not a requirement to use our Services.
Some of the third-party affiliates may offer supplements and personal care products. All supplements and personal care products should be used under supervision of your primary care physician. TRUE Medicine does not provide individual medical care and cannot provide you with professional medical advice. We do not endorse the use of any specific supplements or personal care products. Please consult your medical care providers on what is appropriate for you, based on your current and past medical history. While our third-party affiliates offer products or services that are aligned with our Services, only your medical care providers can advise whether supplements and/or products are appropriate for you.
Security
We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
Term and Termination
These Terms are effective from the date that you first access the Services or submit any information to TRUE Medicine, whichever is earlier, and will remain effective until terminated in accordance with its terms, except for those terms that survive termination.
You may terminate your use of the Services at any time by not using the Services any more. If you wish to terminate your membership, you can do so by logging into your account and selecting “cancel membership” or contacting us via LiveWell@TRUEMedicineMS.com. If you terminate your membership, your membership will remain active until the end of your then-current membership period.
TRUE Medicine may terminate or suspend your user account at any time, in our absolute discretion, with or without notice, for any or no reason. If we terminate your use of the Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refund of the paid Fees. If we terminate your access to the Services other than due to your breach of these Terms or any other agreement you have entered into with us, you will be entitled to a pro rata refund of the Fees that you paid for the remainder of your membership period. If you decide that you would like to terminate your access to the Services, you may request a refund (calculated as the paid program price minus charges from our third party payment processor) within thirty (30) days from the Start Date.
Upon termination of these Terms, your right to use the Services will immediately cease. All disclaimers, limitations of liability, indemnification, TRUE Medicine rights of ownership and licenses to TRUE Medicine will survive any termination.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services, or any part or portion thereof. Nothing in these Terms will be construed to obligate TRUE Medicine to maintain or support the Services, or any part or portion thereof, during the term of these Terms.
International Use
We control and operate our website from the United States. We make no representation that materials on our website are appropriate or available for use outside the United States. If you choose to access this website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Indemnity
As a condition of your access to and use of the Services, you agree to indemnify and hold harmless TRUE Medicine and its subsidiaries, affiliates, licensors, licensees, shareholders, officers, directors, employees, agents and other partners, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of the Services, (b) your User Content, (c) any breach of these Terms, or (d) any claim or allegation that you have violated the intellectual property rights of other users or third parties. You will not enter into a settlement of the foregoing without our prior written approval.
Limitation of Liability
By using the Services you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful or objectionable. We provide no guarantees regarding the content posted by other users or third parties.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUE-MEDICINE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL TRUE-MEDICINE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNTS PAID BY YOU TO TRUE-MEDICINE FOR THE PAST SIX MONTHS FOR THE SERVICES.
THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER OR NOT YOU HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Disclaimers
OUR SERVICES ARE NOT MEDICAL ADVICE OR CLINICAL TREATMENT AND THEY ARE INTENDED TO BE EDUCATIONAL ONLY. ALTHOUGH OUR PROVIDERS MAY BE LICENSED TO PRACTICE MEDICINE, THEY ARE NOT ACTING IN THE CAPACITY OF YOUR MEDICAL PROVIDER; ALL SERVICES ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY. YOUR USE OF THE SERVICES DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP. YOU SHOULD ONLY SEEK MEDICAL ADVICE OR TREATMENT FROM QUALIFIED AND LICENSED HEALTH CARE PROVIDERS.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TRUE-MEDICINE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (I) COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT PROVIDED BY THE SERVICES (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT ANY CONTENT AND OTHER COMMUNICATIONS THROUGH THE SERVICES; AND (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
Any general advice that may be posted on the Services is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider.
Governing Law and Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Any claims, legal proceedings or litigation arising in connection with these Terms or the Services, for which the dispute arbitration provision below does not apply, will be brought solely in the federal or state courts located in San Mateo County. You consent to the jurisdiction and venue in such courts and waive any objection as to inconvenient forum.
Dispute Resolution
You and TRUE Medicine agree that any dispute, claim or controversy arising out of or relating to these Terms or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and TRUE Medicine each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and TRUE Medicine agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the agreement contained in these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.
Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
Arbitration Location and Procedure. Unless you and TRUE Medicine agree otherwise, the arbitration will be conducted in San Mateo, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and TRUE Medicine submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
Miscellaneous
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions (except as provided for under “Dispute Resolution”). This is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. Neither these Terms nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. We may assign, transfer, or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Contacting TRUE Medicine
The Services are provided by TRUE Medicine. You can contact TRUE Medicine by emailing us at LiveWell@TRUEMedicineMS.com or by writing to us at the following address:
3182 Campus Dr. #193
San Mateo, CA 94403
