TESSAHEALTH PLLC WEBSITE USER AGREEMENT

 

This User Agreement (the "Agreement") is between TESSAHEALTH PLLC ("we," "our," "us") and you. This Agreement sets forth the terms of your use of our website and services (collectively, the “Website”).

 

This Agreement is a binding legal contract between you and us. By using our Website, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree to these terms, you should not use the Website.

 

Without advance notice and at any time, we may, for violations of this Agreement or for any other reason we choose in our sole discretion:

 

1. Suspend your access to the Website,

2. Suspend or terminate your ability to access or use the Website, and/or

3. Pursue any other legal rights and remedies we have relating to your violation of this Agreement.

 

We reserve the right to monitor the Website, and your use of the services we provide on the Website means you agree to such monitoring. However, we do not guarantee that we will monitor the Website at all times.

 

You may not use the Website to conduct transactions involving any illegal goods or services.

 

To use certain features of the Website, you may be required to create an account that includes a username and password ("Your Account") and, if you wish to reset your password or have us contact you, an email address.

 

You are solely responsible for the information associated with Your Account and for any activity that occurs under Your Account.

 

You may not license, transfer, sell, or assign Your Account without our prior written approval.

 

The Website may contain graphics, text, photographs, images, video, audio, software, code, website compilation, website "look and feel," and advertisements supplied by us or our licensors ("Our Content"). Our Content is protected by intellectual property laws, including copyright and other proprietary rights, of the United States and foreign countries.

 

We grant you the right to access Our Content in the manner described in this Agreement. You may not make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies of, perform, or publicly display Our Content, except as permitted by the doctrine of fair use or as authorized in writing by us.

 

We are not responsible for the content or actions of any third-party websites or services associated with posted links or any other adverse consequences suffered by you or any other Website visitors due to the use of any hyperlinks posted on our site. You agree to take sole legal responsibility for any links you post or visit, and neither this Agreement nor our Privacy Policy applies to any content on other websites related to those links. You should consult the terms and privacy policies of those other websites to understand your rights.

 

Please read the following very carefully. Each of the following sections applies to the maximum extent permitted by law. Where jurisdictions do not allow disclaimers of implied warranties or the limitation of liability in contracts, the contents of this section may not apply.

 

WAIVER OF LIABILITY: We will not be legally liable for any of your actions that infringe the law or the rights of a third party or person in any way. Specifically, you agree to hold us, our affiliates, officers, directors, shareholders, members, managers, employees, agents, and third-party service providers harmless from, and indemnify and defend them against, any and all claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related in any manner to your access to or use of the Website, your violation of this Agreement, your violation of the rights of any third party or person, and/or any of your actions or inactions.

 

NO WARRANTIES: THE WEBSITE AND OUR CONTENT ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ANY STANDARDS OF CARE RELATED TO THE WEBSITE AND OUR CONTENT, AND/OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL OR ELECTRONIC. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. You further agree that we do not and cannot promise or warrant that any aspect of our Website is free of viruses or any harmful or destructive code or malware. You are responsible for implementing sufficient procedures and processes to monitor and address your data and information systems, and to back up and recover any data in your possession or control. We will not be liable for any loss, claim, damage, or liability arising from or related to any data breach, incident, or malware that may infect your information systems or data due to your

access to or use of our Website. Subject to and without limiting the foregoing, we also do not warrant or guarantee that the Website will always work properly.

 

LIMITATION OF LIABILITY: WE WILL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES, WHETHER IN TORT, CONTRACT, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR YOUR USE OF OR ATTEMPT TO USE THE WEBSITE, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.

 

You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agent, and officer, from claims, demands, and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of the Website.

 

PERSONAL INFORMATION AND PRIVACY: To access or use the Website, you may be asked to provide certain personal information. We may use this information to improve site performance, to advertise, and for other business purposes. You agree that all information you provide to register with the Website or otherwise is governed by our Privacy Policy, and you agree and consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a user name, password, or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also agree that your account is personal to you and that you will not provide any other person or entity with access to the website or portions of it. You further agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to not access your account from a public or shared computer so that others cannot view or record your password or other information that is personal to you.

 

YOU WAIVE ANY CLASS ACTION CLAIM: Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims.

 

If a court finds that the class-action waiver in this section is unenforceable as to all or some parts of a dispute, then the class-action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in

arbitration. If any other provisions of this dispute resolution section are found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

 

NOTICES: We want you to enjoy the Website, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at the contact address set forth on our Website.

 

GOVERNING LAW: Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of Illinois without respect to its conflict of law provisions. We agree, and you agree, to submit to the personal jurisdiction and venue of the state and federal courts located in Cook County, Illinois. PLEASE NOTE THAT BY AGREEING TO THIS USER AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN COOK COUNTY, ILLINOIS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN COOK COUNTY, ILLINOIS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

 

SEVERABILITY: If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.

 

ASSIGNMENT: We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.

 

ACCEPTANCE: Registrations, agreements, and terms presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding the Website electronically from us.

 

EFFECTIVENESS OF COMMUNICATION: The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information.

 

RELEASE OF INFORMATION: We may be required by law to release information to a third party about your account, including the content of e-mail. Except as prohibited by law, we will send you notice if we plan to comply with a civil subpoena related to your account. You agree to hold us harmless for the release of any information related to your account in connection with a civil subpoena including, but not limited to, any claims that you did not receive notice of the civil subpoena from us.

 

NON-WAIVER: If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.

 

ENTIRE AGREEMENT; AMENDMENT: This user agreement is the entire agreement between you and us concerning the Website. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive on the Website. By continuing to use the Website after a change to this agreement, your continued use shall constitute your agreement to those changes.

 

This user agreement is effective as of August 1, 2023.