Introduction

PLEASE READ THE FOLLOWING CAREFULLY.

This is a legally binding agreement between you as a user of the Wellwalla.com website (the “Site”) operated by Texas Online Primary Care PLLC (“Wellwalla” or “we” or “us” or “our”) (“user” or “you”).

BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (“TERMS”).

If you have not read these Terms, do not understand these Terms, or do not agree to be bound by these Terms, or you are not able to consent to be bound by these Terms (e.g., if you are not of age to enter into a binding legal contract), do not use our Site.

1. Scope and Acceptance

1.1 User

Anyone who accesses or uses our Site is a “user.”

1.2 Agreement

These Terms set forth your rights and obligations as a user with respect to your access to and use of our Site and use of any and all information or data of any kind arising from your access to, or use of, our Site, including, without limitation, any text, graphics, sound recordings, audio, video, and artwork.

1.3 Changes to Terms

We reserve the right, at our sole discretion, to change these Terms from time to time, without prior notice. You should review these Terms each time you access our Site. Your access to our Site is deemed to be your acceptance of these Terms, and any changes thereto, in place at the time you access the Site. These Terms are legally binding on you and your use of the Site.

2. Access

2.1 General Access

You may access our Site at any time without registering any details with us. However, to access certain parts of the Site and/or our services, you may be required to create an account with us and provide us with certain information and details. See our Privacy Policy for more details here.

2.2 Beta Phase

The Site is currently in beta with all features subject to change. We are actively working to improve and refine our services, and users should expect potential disruptions or changes during this phase.

2.3 Authorized Access

If you are accessing or using our Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these Terms on its behalf and (b) to bind such business, organization, or entity to these Terms.

2.4 Age Restriction

The Site is not intended or authorized for use by persons under the age of eighteen (18). By using the Site, you represent and warrant that you are eighteen (18) years of age or older and that you agree to and agree to abide by all of the terms and conditions of the Agreement. If we believe that you are under the age of eighteen (18) or that you are not able to consent to and be legally bound by these Terms, we may, at any time, in our sole discretion, and with or without notice:

• 2.4.1 Terminate your access to or use of the Site (or any portion, aspect, or feature of it), or
• 2.4.2 Delete any content or information that you have posted through the Site.

2.5 Right to Deny Access

We reserve the right to deny access to our Site at our discretion and for any reason, including any breach of these Terms by you or through your account (as applicable).

3. Permitted Use

In connection with the use of our Site, you may not:

• 3.1 Alter or modify our Site, or make any electronic reproduction, adaptation, distribution, performance, or display of our Site, or any portion thereof, except to the extent required for the limited purpose of viewing material on our Site;
• 3.2 Sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to our Site, or related materials;
• 3.3 Remove or modify any proprietary notice or labels on our Site, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website or application;
• 3.4 Use our Site for any non-authorized commercial purpose or any illegal purpose;
• 3.5 Copy, modify, erase, or damage any information contained on our Site.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site.

4. User-Provided Content

By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content through the Site, you represent and warrant that:

• 4.1 You own or control all rights, title, and interests to such User-Provided Content;
• 4.2 All “moral rights” that you may have in such User-Provided Content have been voluntarily waived by you;
• 4.3 You have the right to grant the licenses granted under these Terms;
• 4.4 All User-Provided Content that you post:
  • 4.4.1 is accurate;
  • 4.4.2 does not violate these Terms;
  • 4.4.3 will not conflict with, result in a breach or violation of any terms or provisions of, or constitute a default under any contract or agreement to which you are currently bound or will become bound in the future;
  • 4.4.4 does not and will not violate any law, and
  • 4.4.5 will not cause injury to any person or entity;
• 4.5 You are at least 18 years old.

None of the User-Provided Content that you submit shall be subject to any obligation of confidence on the part of Texas Online Primary Care PLLC, its agents, partners, or third-party service providers and their respective directors, officers, and employees.

5. Disclaimers

5.1 General Disclaimer

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” FOR YOUR USE. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

5.2 Lab Results

Lab results are not without flaws and can be subject to errors, including false positives and false negatives. Errors may also occur during the entry of results by humans. SEE REFUND POLICY for more information.

5.3 Supplements

The products provided through our Site are not intended to diagnose, treat, cure, or prevent any disease. They are intended for general health and wellness support only.

5.4 Blogs/Articles

Any blogs, articles, or other content posted or referenced on our Site are for informational purposes only and are not to be interpreted or used as medical advice. They do not substitute for discussion with your own licensed healthcare provider.

6. Payment Information

6.1 Method of Payment

All payments for services and products offered on Wellwalla.com must be made directly by credit card. We accept major credit cards, including Visa, MasterCard, American Express, and Discover.

6.2 HSA/FSA Payments

At this time, Health Savings Accounts (HSA) or Flexible Spending Accounts (FSA) cards may or may not be accepted for payment. Until further notice, please proceed with the assumption that these payment methods are not accepted. We will update this policy as soon as clarity on this matter is achieved.

6.3 Health Insurance Reimbursement

Please note that health insurance plans will not reimburse for services provided by Wellwalla.com. Since we do not establish a doctor-patient relationship and act solely as a facilitator for lab testing and wellness support, we do not provide any documents for insurance reimbursement purposes.

6.4 Receipts and Lab Results

Upon completion of payment, receipts and lab results are made available through your secure online portal account on Wellwalla.com. Clients can access their transaction history, payment receipts, and lab results at any time through their portal.

7. Errors and Omissions

We acknowledge that the information provided on our Site might not always be error-free. We are not responsible for any errors or omissions in the information, data, or content provided by us or our third-party partners. Third-party labs are solely responsible for errors and omissions in lab test results, and we do not warrant the accuracy of such results. We strive to provide accurate information, but users must consult with their licensed healthcare professionals to ensure the correctness of the information and for any medical interpretation or advice.

8. Arbitration

PLEASE NOTE THAT THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A JURY TRIAL AND REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS.

9. Indemnification

You agree to indemnify and hold Texas Online Primary Care PLLC, Wellwalla.com, its affiliates, and their respective officers, directors, employees, and agents harmless from any claims, demands, liabilities, losses, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising from your breach of any warranties, representations, and agreements set forth in these Terms, including, without limitation, your unauthorized or improper use of any Content.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

11. Operation in Certain States

We do not operate in New York, New Jersey, Rhode Island, Alaska, or Hawaii at this time. We might expand to these states in the future, but no specific timeline has been provided.

12. Doctor-Patient Relationship and Supplements

12.1 Doctor-Patient Relationship

We want to clarify that we do not establish a doctor-patient relationship with you. We act solely as a facilitator to help you obtain lab tests. We do not provide medical advice or treatment; instead, we facilitate access to lab testing. We strongly encourage users to consult with their licensed healthcare professionals for any medical interpretation or advice.

12.2 Supplements

The products we provide are not intended to diagnose, treat, cure, or prevent any disease. They are intended for general health and wellness support only.

12.3 Blogs/Articles

Any blogs, articles, or other content posted or referenced on our Site are for informational purposes only and are not to be interpreted or used as medical advice. They do not substitute for discussion with your own licensed healthcare provider.

13. Contact Information

For any questions or concerns regarding this User Agreement, please contact us at:

Texas Online Primary Care PLLC

Customer Support Email: info@Wellwalla.com

14. Intellectual Property

14.1 Ownership

All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of Texas Online Primary Care PLLC or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.

14.2 User Content

By posting, uploading, or submitting any content to our Site, you grant Texas Online Primary Care PLLC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

15. Termination of Access

15.1 Right to Terminate

We reserve the right to terminate or suspend access to our Site and/or your account at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users of the Site, to Texas Online Primary Care PLLC, or to third parties, or for any other reason.

15.2 Effect of Termination

Upon termination, your right to use the Site will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any legal action or proceeding relating to these Terms or your use of our Site shall be brought exclusively in the federal or state courts located in Texas, and you agree to submit to the jurisdiction of, and agree that venue is proper in, these courts.

17. Dispute Resolution

17.1 Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms or your use of the Site (each, a “Dispute”), you and Texas Online Primary Care PLLC agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

17.2 Binding Arbitration

If you and Texas Online Primary Care PLLC are unable to resolve a Dispute through informal negotiations, the Dispute shall be finally and exclusively resolved by binding arbitration. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and, where applicable, its Supplementary Procedures for Consumer-Related Disputes.

18. Compliance with Laws

You agree to comply with all applicable laws, regulations, and rules when using our Site, including, without limitation, laws related to the sale and distribution of dietary supplements and the protection of health information.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

20. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Texas Online Primary Care PLLC with respect to the use of the Site. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Texas Online Primary Care PLLC.

21. Miscellaneous

21.1 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

21.2 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void.

21.3 Notices

All notices, requests, demands, and other communications under these Terms shall be in writing and shall be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested, or when receipt is electronically confirmed, if transmitted by facsimile or email.

Revision date: November 11, 2024