Terms and Conditions

Welcome to The UXM Inc (“Company,” “we,” “our,” “us”). By accessing or using our website (“Site”), products, and services, you agree to comply with these Terms and Conditions (“Terms”). If you do not agree, please do not use our services.

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and The UXM Inc, doing business as The UXM Inc (“The UXM Inc,” “we,” “us,” or “our”), concerning your access to and use of the www.theUXM.com and telehealth.theuxm.com websites as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). By accessing or using the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or additional documents that may be posted on the Site from time to time are hereby expressly incorporated into these Terms by reference. We reserve the right, in our sole discretion, to make modifications, updates, or changes to these Terms of Use at any time and for any reason. In the event of changes, we will notify users by updating the “Last Updated” date at the top of these Terms and may provide additional notice through other means such as email or a prominent announcement on the Site. You acknowledge and agree that it is your responsibility to review these Terms periodically to stay informed of any modifications. By continuing to use the Site after the effective date of revised Terms, you are deemed to have accepted those changes.

The information provided on the Site is intended for users located within jurisdictions where such use complies with all applicable laws and regulations. It is your responsibility to ensure that your use of the Site complies with local laws, and we assume no liability for users accessing the Site from regions where such usage is restricted or prohibited.

The Site is not designed to comply with industry-specific regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or any other healthcare, finance, or security-related laws. If your interactions require compliance with such regulations, you must not use this Site. Additionally, you may not use the Site in a manner that would violate the Gramm-Leach-Bliley Act (GLBA) or any other applicable consumer protection or data security laws.

The Teleheath site https://telehealth.theuxm.com/ is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. If we become aware that an individual under 18 has used our services without verifiable parental consent, we reserve the right to terminate their access, delete their account, and take any other necessary actions to comply with applicable laws regarding minors’ online privacy.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

The Content and Marks are provided on the Site “AS IS” for your informational and personal use only. Except as expressly provided in these Terms of Use, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. No rights or licenses are granted to you except as expressly set forth in these Terms.

We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks. Any unauthorized use of the Site, Content, or Marks will result in the immediate revocation of the limited license granted herein and may violate applicable laws, leading to potential legal action.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that:

1. Accuracy of Information: All registration information you submit will be true, accurate, current, and complete, and you agree to maintain and promptly update such information as necessary.
2. Legal Capacity & Compliance: You have the legal capacity to enter into this agreement and agree to comply with these Terms of Use.
3. Age Restriction for Telehealth site https://telehealth.theuxm.com/: You are not a minor in the jurisdiction in which you reside, and if you are under 18, you are expressly prohibited from using the Site.
4. Prohibited Automated Access: You will not access the Site through automated or non-human means, whether through a bot, script, or other method.
5. Lawful Use Only: You will not use the Site for any illegal, fraudulent, or unauthorized purposes, including engaging in activities that violate any applicable law or regulation.
6. No Harmful Conduct: Your use of the Site will not interfere with, disrupt, or negatively affect the functionality, security, or integrity of the Site, its users, or associated networks.

If you provide any information that is false, inaccurate, outdated, or incomplete, or if we determine that you have violated these Terms, we reserve the right to suspend or terminate your account immediately and restrict your current or future access to the Site without notice or liability. We may also take legal action where necessary.

4. USER REGISTRATION

You may be required to create an account to access certain features of the Site. By registering, you agree to:

1. Confidentiality of Credentials: You are responsible for maintaining the confidentiality of your account credentials, including your password, and for restricting access to your account.
2. Account Activity Responsibility: You acknowledge that you are fully responsible for all activities that occur under your account, whether authorized by you or not.
3. Unauthorized Access Notification: You agree to immediately notify us if you suspect or become aware of any unauthorized use of your account or any other security breach.
4. Account Security Measures: We reserve the right to take appropriate security measures, including suspending or terminating accounts that we determine may have been compromised or used for fraudulent or unauthorized purposes.
5. Username Restrictions: We reserve the right to remove, reclaim, or change a username you select if, in our sole discretion, we determine that such username is inappropriate, obscene, misleading, impersonating another entity, or otherwise objectionable.
6. One Account Per User: Unless explicitly authorized by us, you may not create multiple accounts for fraudulent purposes, such as manipulating promotions or evading restrictions.
   Failure to comply with these registration requirements may result in suspension or termination of your account, restriction of access to our services, or other appropriate legal action.

5. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are expressly endorsed or approved by us in writing.

As a user of the Site, you agree not to:

1. 1. Data Scraping & Unauthorized Compilation: Systematically retrieve, scrape, or compile data or content from the Site to create, directly or indirectly, a collection, compilation, database, or directory without our explicit written permission.
   2. Fraud & Misrepresentation: Trick, defraud, or mislead us and other users, especially in any attempt to obtain sensitive account information such as user passwords or payment details.
   3. Security Violations: Circumvent, disable, or otherwise interfere with security-related features of the Site, including those that prevent or restrict the use or copying of any Content or enforce limitations on Site usage.
   4. Reputation Damage: Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
   5. Harassment & Abuse: Use any information obtained from the Site to harass, abuse, stalk, threaten, or harm another person.
   6. Misuse of Support Services: Submit false reports of abuse or misconduct or make improper use of our customer support services.
   7. Illegal Activity: Use the Site in a manner inconsistent with any applicable laws, regulations, or government requirements.
   8. Unauthorized Framing & Linking: Engage in unauthorized framing of or linking to the Site.
   9. Malware & Disruptive Content: Upload or transmit (or attempt to upload or transmit) any viruses, Trojan horses, worms, malicious code, or any other material that interferes with the proper operation of the Site, including excessive use of capital letters, spamming, or flooding.
   10. Automated System Misuse: Engage in any automated use of the Site, such as using bots, scripts, data mining tools, or similar technologies to send messages, post comments, or extract data.
   11. Intellectual Property Violations: Delete, alter, or obscure any copyright, trademark, or other proprietary rights notice from any Content.
   12. Impersonation & Identity Fraud: Attempt to impersonate another user, person, or entity, or use the username of another user without authorization.
   13. Spyware & Passive Data Collection: Upload or transmit any material that acts as a passive or active information collection mechanism, including web bugs, cookies, spyware, or other tracking technologies.
   14. Disruption & Overload Attacks: Interfere with, disrupt, or create an undue burden on the Site or any networks or services connected to the Site.
   15. Threats Against Our Team: Harass, intimidate, threaten, or cause distress to our employees, contractors, or agents engaged in providing any portion of the Site.
   16. Bypassing Security Measures: Attempt to bypass, probe, scan, or test the vulnerability of any security measures of the Site designed to prevent unauthorized access.
   17. Code & Software Manipulation: Copy, adapt, reverse-engineer, decompile, disassemble, or modify any part of the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other programming code.
   18. Automated Tools & Scraping: Except as permitted by standard search engine practices, use, launch, develop, or distribute any automated system, including but not limited to spiders, robots, scrapers, cheat utilities, or offline readers that access the Site without authorization.
   19. Purchasing Agents: Use a third-party buying agent or purchasing service to make unauthorized purchases on the Site.
   20. Spamming & Fake Accounts: Engage in unauthorized collection of user information, including email addresses, usernames, or personal data, for purposes such as spamming, phishing, or fraud.
   21. Competitive & Commercial Use: Use the Site or its Content as part of any effort to compete with us, engage in unauthorized reselling, or otherwise exploit the Site for commercial gain without our approval.

Any violation of these restrictions may result in immediate termination of your account, restriction of access, legal action, and/or reporting to law enforcement authorities where applicable.

6. USER GENERATED CONTRIBUTIONS

The Site may allow you to chat, contribute to blogs, participate in message boards, online forums, and other interactive features, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on the Site. These may include, but are not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Site and third-party websites, and as such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

By creating or making Contributions available, you represent and warrant that:

1. Intellectual Property Compliance: Your Contributions do not and will not infringe upon any copyrights, patents, trademarks, trade secrets, moral rights, or other proprietary rights of any third party.
2. Ownership & Permissions: You are either the original creator of your Contributions or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us and other users to use them in any way contemplated by the Site and these Terms.
3. Consent for Identifiable Individuals: If your Contributions include images, voices, or personal data of identifiable individuals, you have obtained written consent, releases, or permissions from those individuals for their inclusion.
4. Accuracy & Authenticity: Your Contributions are not false, inaccurate, deceptive, or misleading.
5. No Unsolicited Advertising or Spam: Your Contributions do not include unauthorized advertising, promotional materials, spam, pyramid schemes, chain letters, mass mailings, or other solicitations.
6. Appropriate Content Standards: Your Contributions are not obscene, lewd, lascivious, defamatory, violent, harassing, slanderous, or otherwise objectionable as determined by us.
7. Respectful & Non-Harmful Behavior: Your Contributions do not ridicule, mock, intimidate, disparage, or abuse anyone.
8. No Harassment or Threats: Your Contributions do not harass, threaten, or encourage violence against any individual or group.
9. Legal Compliance: Your Contributions do not violate any applicable laws, regulations, or rules.
10. Privacy & Publicity Rights: Your Contributions do not violate the privacy, publicity, or data protection rights of any third party.
11. Protection of Minors: Your Contributions do not contain content related to child exploitation, child pornography, or any material that could endanger minors’ well-being.
12. No Hate Speech or Discrimination: Your Contributions do not include offensive comments or materials that promote racism, sexism, homophobia, transphobia, xenophobia, or discrimination based on race, national origin, gender, sexual orientation, disability, or any other protected class.
13. No Links to Harmful or Illegal Content: Your Contributions do not link to any material that violates these Terms of Use or any applicable law or regulation.

Enforcement & Consequences

Any use of the Site in violation of the above constitutes a breach of these Terms and may result in:

• Immediate removal of your Contributions.
• Suspension or termination of your account and rights to use the Site.
• Legal action if your Contributions violate laws or infringe on the rights of others.
• Reporting to law enforcement or regulatory authorities where applicable.

7. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the legal right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide license to:

• Host, use, copy, reproduce, distribute, publish, broadcast, sell, resell, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions.
• Create derivative works from or incorporate Contributions into other works.
• Use Contributions for any purpose, including commercial, marketing, and advertising purposes.
• Grant and authorize sublicenses of the foregoing rights to third parties.

This license applies to all formats, media, or technologies, whether existing now or developed in the future, and includes our right to use your name, company name, franchise name, trademarks, service marks, trade names, logos, personal and commercial images, and likeness as provided in your Contributions.

By submitting Contributions, you waive all moral rights, including but not limited to attribution and integrity rights, and you warrant that no moral rights have otherwise been asserted in relation to your Contributions.

Ownership & Liability
We do not claim ownership over your Contributions. You retain full ownership of all intellectual property rights associated with your Contributions. However, by posting, you acknowledge that:

• We are not responsible for any statements, claims, or representations made in your Contributions.
• You are solely responsible for your Contributions and any potential consequences arising from them.
• You agree to release and exonerate us from any legal claims, disputes, or liabilities related to your Contributions.

Our Rights Over Contributions

We reserve the right, at our sole discretion, to:

1. Edit, redact, or modify any Contributions for clarity, appropriateness, or compliance with our policies.
2. Re-categorize Contributions to ensure proper placement on the Site.
3. Pre-screen, remove, or delete any Contributions at any time and for any reason, without prior notice.

We have no obligation to monitor user Contributions but reserve the right to do so at our discretion.

8. GUIDELINES FOR REVIEWS

We may allow users to leave reviews or ratings on the Site. By posting a review, you agree that:

1. Your review must be based on firsthand experience and be honest and accurate.
2. Reviews must not contain profanity, hate speech, discriminatory remarks, or references to illegal activity.
3. You must not be affiliated with a competitor when posting negative reviews.
4. No false, misleading, or exaggerated statements.
   You may not organize or participate in review manipulation campaigns.

Our Rights & Disclaimer

• We may accept, reject, or remove any review at our discretion.
• Reviews do not represent our views, and we assume no liability for them.
• By posting a review, you grant us a royalty-free, worldwide license to use and distribute it.

Violations may result in removal of reviews, account suspension, or legal action.

9. MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on your owned or controlled wireless device, strictly in accordance with these Terms.

You shall not:

1. Decompile, reverse-engineer, disassemble, or decrypt the application, except as permitted by law.
2. Modify, adapt, translate, or create derivative works from the application.
3. Violate any laws or regulations while using the application.
4. Remove or alter proprietary notices, including copyright or trademarks.
5. Use the application for commercial, revenue-generating, or unauthorized purposes.
6. Make the application accessible over a network for simultaneous use on multiple devices.
7. Develop or distribute competing applications, services, or software using our application.
8. Use the application to send automated queries or unsolicited communications.
9. Utilize proprietary information, interfaces, or intellectual property to develop related software or accessories.

Apple & Android Devices

When using the application via Apple Store or Google Play (each an “App Distributor”), you agree that:

1. The license is non-transferable and must comply with the App Distributor’s terms of service.
2. We are responsible for maintenance and support, unless otherwise required by law. The App Distributor has no maintenance obligation.
3. In case of a warranty failure, you may seek a refund from the App Distributor per its policies, but it holds no further warranty obligations.
4. You confirm that you are not located in a U.S.-sanctioned country or listed as a restricted party by the U.S. government.
5. You must comply with third-party agreements, such as VoIP or wireless data service terms, when using the app.
6. The App Distributors are third-party beneficiaries of this license and may enforce its terms against you.

10. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

11. THIRD-PARTY WEBSITE AND CONTENT

The Site may contain (or you may be directed to) links to external websites (“Third-Party Websites”) and various forms of content, such as articles, photographs, text, graphics, designs, music, videos, applications, software, and other materials originating from third parties (“Third-Party Content”).

We do not investigate, monitor, or verify the accuracy, appropriateness, or completeness of Third-Party Websites or Third-Party Content. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content available on, linked to, or installed from the Site. This includes, but is not limited to, their content, accuracy, offensiveness, opinions, reliability, privacy practices, or policies.

The inclusion of, linking to, or permission to use Third-Party Websites or Content does not constitute our endorsement or approval. If you choose to leave the Site and access Third-Party Websites or use/install Third-Party Content, you do so at your own risk, and these Terms will no longer apply. We strongly recommend that you review the applicable terms, policies, and privacy practices of any Third-Party Website or service before using it.

Any purchases made through Third-Party Websites are solely between you and the third party. We assume no responsibility for such transactions, and you agree that we do not endorse any products or services offered by third parties.

By using the Site, you agree to hold us harmless from any losses, damages, or harm resulting from:

• Your use of Third-Party Websites or Content.
• Any purchase or transaction made with third parties.
• Any issues arising from your interactions with Third-Party Websites or Content.

12. SITE MANAGEMENT

We reserve the right, but not the obligation, to:

1. Monitor the Site for violations of these Terms of Use.
2. Take legal action against any user who, in our sole discretion, violates these Terms or applicable laws, including but not limited to reporting such users to law enforcement authorities.
3. Restrict, limit, or disable (to the extent technologically feasible) any of your Contributions, in whole or in part, at our sole discretion and without prior notice or liability.
4. Remove or disable files and content that are excessive in size or place an undue burden on our systems, at our sole discretion and without prior notice.
5. Manage the Site in a way that protects our rights, property, and ensures its proper functionality.

13. PRIVACY POLICY

We care about your privacy and data security. Please review our Privacy Policy here: Privacy Policy.  By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use by reference.

Please note that the Site is hosted in the United States. If you access the Site from a region with different data protection laws, you acknowledge that your data will be transferred to, processed, and stored in the United States. By continuing to use the Site, you consent to this data transfer and understand that U.S. laws may differ from those in your jurisdiction.

14. PATIENT CODE OF CONDUCT

Respectful Behavior: Patients must treat all staff, including physicians, nurses, and administrative personnel, with respect, courtesy, and professionalism at all times.

Zero Tolerance: We have a zero-tolerance policy for abusive, threatening, or violent behavior, including verbal abuse, harassment, discrimination, or disruptive conduct.

Consequences: Violations may result in warnings, appointment cancellations, removal from our facility, permanent dismissal, or legal action if necessary.

15. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

17. GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Michigan applicable to agreements made and to be entirely performed within the State of Michigan, without regard to its conflict of law principles.

18. DISPUTE RESOLUTION

Binding Arbitration

If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (except as expressly excluded below) will be exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), available at www.adr.org. Arbitration fees and compensation for the arbitrator shall be governed by the AAA Consumer Rules, and we will cover costs deemed excessive by the arbitrator. Arbitration may take place in person, through documents, by phone, or online.

The arbitrator will issue a written decision but is not required to provide reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if they fail to do so. Except where otherwise required by AAA rules or law, arbitration will be held in Wayne, Michigan. The Parties may litigate in court only to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitrator’s award.

If a Dispute proceeds in court rather than arbitration, it must be brought in the state and federal courts of Wayne, Michigan, and the Parties waive all defenses of lack of personal jurisdiction and forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) do not apply.

No Dispute may be initiated more than one (1) year after the cause of action arose. If any portion of this arbitration provision is found illegal or unenforceable, that part will be decided by a court of competent jurisdiction as outlined above, and the remainder of this section will continue to apply.

Restrictions

To the fullest extent permitted by law:

1. Arbitration shall be limited to the individual Dispute between the Parties.
2. No arbitration shall be consolidated with another proceeding.
3. No Dispute may be arbitrated on a class-action basis or in a representative capacity on behalf of the general public.

Exceptions to Arbitration

The following Disputes are not subject to binding arbitration:

1. Disputes regarding the enforcement or validity of intellectual property rights.
2. Disputes related to theft, piracy, invasion of privacy, or unauthorized use.
3. Claims for injunctive relief.

If any part of this provision is found unenforceable, the Parties agree that Disputes in that portion will be resolved by a court of competent jurisdiction in Wayne, Michigan, with both Parties submitting to personal jurisdiction there.

19. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

20. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

21. LIMITATIONS OF LIABILITY

We and our directors, employees, or agents shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, revenue, data, or other losses arising from your use of the Site, even if advised of such possibility.

Our total liability to you for any cause, regardless of the form of action, is limited to the amount paid by you, if any, in the six (6) months preceding the claim. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and personnel, from any claims, damages, liabilities, or expenses (including attorneys’ fees) arising from:

• Your Contributions.
• Your use of the Site.
• Your breach of these Terms.
• Your violation of third-party rights (e.g., intellectual property).
• Any harmful act toward another user via the Site.

We may assume exclusive defense of any claim at your expense, and you agree to cooperate with us in such defense.

23. USER DATA

We maintain certain data you transmit to the Site for operational purposes but do not guarantee its preservation. You are solely responsible for backing up your data, and we are not liable for any loss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By using the Site, you consent to receive electronic communications and agree that they satisfy any legal requirement for written communication.

YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND TRANSACTIONS, and waive any rights requiring physical signatures or records.

25. CALIFORNIA USERS AND RESIDENTS

If a complaint remains unresolved, you may contact the California Department of Consumer Affairs at:

1. Address: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
2. Phone: (800) 952-5210 or (916) 445-1254

26. MISCELLANEOUS

These Terms, along with our posted policies, constitute the entire agreement between you and us.

• Our failure to enforce any provision is not a waiver of rights.
• We may assign our rights and obligations at any time.
• We are not liable for delays or failures beyond our control.
• If any provision is unenforceable, the rest remains valid.
• No partnership, employment, or agency relationship is created.
• These Terms shall not be construed against us for having drafted them.

You waive any defense based on the electronic nature of these Terms.

27. TELEHEALTH CONSENT

By submitting your information on telehealth.theuxm.com, you consent to receive telehealth services, including remote diagnosis, treatment, and follow-up care.

You acknowledge that telehealth is not a substitute for emergency care and authorize communication via email and phone regarding your healthcare. While security measures are in place, electronic communications may not be fully secure.

You may withdraw your consent at any time by notifying your provider in writing.

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

28. CONTACT US

• The UXM Inc
• [email protected]

29. EXTERNAL SERVICES CONTACTS

Beluga:

• Email: [email protected]

Foothills Pharmacy:

• Email: [email protected]

Promise Pharmacy:

• Email: [email protected]

30. PRICING AND CONSULTATION FEES

All prices displayed at checkout are comprehensive and include the fees for the mandatory doctor consultation. This ensures transparency and allows patients to understand the total cost of the services provided without any hidden or additional charges.

By proceeding with the payment, you acknowledge that the amount covers both the consultation and the treatment services. If you have any questions regarding the pricing structure or the services included, please contact our support team before completing your purchase.

31. CONSULTATION REQUIREMENTS AND TREATMENT ELIGIBILITY

All patients are required to undergo a consultation with a licensed healthcare provider to assess the suitability and safety of the proposed treatment. This consultation is mandatory and aims to ensure that any treatment provided aligns with the patient’s medical history, current health status, and specific needs.

Please be aware that undergoing a consultation does not guarantee approval for the requested treatment. Our healthcare providers reserve the right to decline or modify treatment plans based on clinical judgment and established medical guidelines.

Factors that may lead to the denial or alteration of a treatment request include, but are not limited to:
• Contraindications identified during the consultation.
• Potential risks outweighing the benefits of the treatment. 
• Availability of alternative treatments deemed more appropriate. 

We are committed to providing safe and effective care and will work collaboratively with patients to determine the most suitable treatment options. If a treatment request is denied or modified, the rationale will be thoroughly explained, and alternative recommendations will be provided when applicable. 

By proceeding with our services, you acknowledge and agree to comply with these consultation requirements and understand that treatment approval is subject to the professional discretion of our healthcare providers.