PACIFIC CLINIC TERMS OF SERVICE
The Pacific Clinic creates products and services that help you achieve your health and fitness goals, empowering you to lead a healthier and inspired life. These Terms of Service (“Terms”) apply to your access and use of the Pacific Clinic Services (“Services”). These Services include our applications, software, websites, APIs and related products and services.
You must accept these Terms to create an account and access our Services. If you do not have an account, you accept these Terms by using any part of our Services. If you do not accept these terms, do not create an account or use our provided Services. Your use of any of our paid services may be subject to additional terms and conditions which may be provided on a product-by-product basis. Absent that, these Terms govern all Pacific Clinic products and services.
READ OUR PRIVACY POLICY
For information about our data practices, please see our Privacy Policy. By accessing or using our Services, you agree that we can collect and use your information in accordance with the Privacy Policy.
USE OF OUR SERVICES
Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use our Services unless their parent has consented in accordance with the applicable law. Additionally, you cannot access or use our Services if you are barred from receiving services under applicable law or have previously been suspended or remove from the Service. You may only connect to our Services using our mobile applications and software, or approved third-party applications, software, devices or our websites (“Authorized Connections”).
USE OF AN ACCOUNT
Full use of our Services require that you use an account. You are responsible for all activity that occurs in association with your account. Pacific Clinic is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact Customer Support if you discovery or suspect any security breach related to our Services or your account.
NECESSARY EQUIPMENT
Full use of our Services is dependent upon your use of a computer or mobile device with adequate software and internet access. The maintenance and security of this equipment may influence the performance of our Services and it is your responsibility to ensure your equipment’s functionality. Please check with your relevant hardware provider(s) for information on possible internet data usage charges.
POSTING CONTENT
We may enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, exercise routines, food logs, recipes, comments and other related information and content (“Your Content”) to and via our Services. You retain all right to Your Content that you post to our Services. By making Your Content available on or through our Services you hereby grant to Pacific Clinic a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section are only for the limited purpose of offering and improving our Services.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.
You represent and warrant that Your Content, the use and provision of Your Content on our Services, and your use of the our Services will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use our Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying our Services, or which may expose us or our users to any harm or liability of any type.
Pacific Clinic may, in its sole discretion, alter, remove, or refuse to display any of Your Content and may forbid you from posting, uploading, storing, sharing, sending or displaying Your Content to and via our Services.
PACIFIC CLINIC’S RIGHTS
“Pacific Clinic Content” includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through Pacific Clinic’s Services. Pacific Clinic Content, Services and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying our Services. Our logos and any other Pacific Clinic trademarks that may appear on our Services, and the overall look and feel of our Services, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on our Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
YOUR RIGHTS
The Pacific Clinic’s Services are intended for your personal, noncommercial use.
Pacific Clinic grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use our Services, (2) access and view the Pacific Clinic Content, (3) access and use the software and mobile applications provided by our Services as authorized in these Terms. With respect to item (3) this license includes any third-party software embedded in any Pacific Clinic Services. This license is provided solely for your personal, noncommercial use and enjoyment of our Services as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Pacific Clinic Content, Services or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Pacific Clinic or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using our Services: (1) use, display, mirror, or frame our Services or any individual element within the Pacific Clinic Services, including the layout and design of any page, without Pacific Clinic’s express written consent; (2) use Pacific Clinic’s name, any Pacific Clinic trademark or logo, or any Pacific Clinic proprietary information without Pacific Clinic’s express written consent; (3) access or tamper with non-public areas of the Pacific Clinic Services, computer systems, or the technical delivery systems of Pacific Clinic’s affiliate providers; (4) test the vulnerability of any Pacific Clinic system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Pacific Clinic or any of Pacific Clinic affiliate providers or any other third party (including another user) to protect our Services; (6) access our Services or Content through the use of any mechanism other than through the use of an Authorized Connection, Pacific Clinic Services, or Pacific Clinic API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Pacific Clinic provides to you or any other part of the Pacific Clinic Services.
OUR ENFORCEMENT RIGHTS
We reserve the right to remove or disable access to our Services and/or Your Content at any time and without notice, and at our sole discretion, if we determine that Your Content or your use of our Services is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects our Services, and in response may take any action we deem appropriate.
COACHING SERVICES
We offer interactive health coaching services (“Coaching Services”) that connect you with coaches and information to help you achieve your goals. The Coaching Services provide motivational tools that help you meet your health, fitness and wellness goals. You set your goals in consultation with you Coach to help create and maintain healthy living habits and to manage or prevent conditions. These coaching services are not a medical or health care service. Although some Coaches may be licensed healthcare practitioners, they do not provide health care services through our Services. They are not intended to be a substitute for professional medical consultation, advice, or treatment from qualified physicians. Pacific Clinic does not endorse any specific tests, physician or medical professional, products, procedures, opinions or any other information that may be mentioned as a part of the coaching services. If you think you have a medical emergency, call your doctor or 911 immediately.
Our Services can connect you with a Coach who will work with you to set goals and provide support and guidance in achieving them. You can choose to connect a Coach to your doctor or others you designate in order to communicate your progress to them. Coaches may interact with you in a variety of ways, including in-app chat, email, or telephone calls. If a Coach engages in inappropriate behavior, please report it to us. When interacting with a Coach, you agree to be professional and avoid engaging in inappropriate behavior.
COACHING SERVICES DISCLAIMERS
Our Coaching Services are provided “as-is”, without warranty of any kind. Without limiting the foregoing or any other terms or agreements you have with us, we explicitly disclaim all express or implied warranties arising out of or related to these Coaching Terms or Services, including any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of the course of dealing or usage of trade. We make no warranty that our Coaching Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
This means that while the Coaching Services are intended to help you pursue your personal health, fitness, and wellness goals, we do not guarantee that you will achieve your goals. We make no endorsement, representation, or warranty of any kind about any information on the Coaching Services, whether provided to you by a Coach or any content available through the Coaching Services. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive via the Coaching Services and we are not responsible for any health problems that may result from your reliance on the Live Coaching Services. If you engage in any health, fitness, or wellness program or activities that you learn about through the Coaching Services, you agree that you do so voluntarily and at your own risk. If you experience a medical emergency while using the Coaching Services, consult with a medical professional immediately.
PACIFIC CLINIC TERMS FOR PAID SERVICES
These Pacific Clinic Terms for Paid Services (the “Paid Service Terms”) apply to your purchase and use of any paid services, including automatically renewing subscription services such as digital fitness or health programs (“Programs”), personalized coaching services (“Coaching Services”), and one-time purchases (collectively the “Paid Services”). These Paid Service Terms only apply to services we offer for purchase, and do not apply to the sale of our physical goods (“Products”).
By purchasing or using a Paid Service, you agree to be bound by the Terms of Service which incorporate these Paid Service Terms and include a mandatory arbitration provision, and any separate terms and conditions presented to you in conjunction with your use of the Paid Services. If you do not accept these terms, do not purchase, access, or use our Paid Services.
PAID SERVICES
Paid Services include content and personalized, interactive services. They may be one-time purchases or automatically renewing subscription services, like our Programs and Live Coaching Services (“Subscriptions”). Please see the product page for your specific Paid Services for more information. We may make changes to, suspend, or discontinue Paid Services at any time for any reason, and we have the sole discretion to determine which portions of our Services require payment.
SUBSCRIPTIONS
Automatically Renewing Subscriptions. Your Subscription term may vary, for example, with monthly or annual automatic renewal terms (a “Subscription Term”), as described in the course of your transaction. Your Subscription will automatically renew for additional Subscription Terms as long as your Subscription continues, until you cancel it or we suspend or stop providing the Subscription in accordance with our Terms of Service. Unless otherwise indicated by us, you will be charged prior to, or at the beginning of, each renewal term. Before charging you for a Subscription Term, we will notify you of the applicable fees, and the renewal will occur at the price then in effect for the Paid Service.
Subscription Cancellation. You may cancel your Subscription at any time. Your cancellation will take effect at the end of the current Subscription Term.
In the event you cancel your Subscription, note that we may still send you promotional communications about Pacific Clinic, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications.
No Refunds on Subscriptions. When you cancel a Subscription, you cancel only future charges for your Subscription. You will not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to that Subscription until the end of that current Subscription Term. At any time for any reason, we may provide a refund, discount, or other consideration (“credits”) to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future.
Free Trials. From time to time, we may offer free trials of certain Subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial. Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your free trial. Instructions for canceling your Subscription are described in the sections above. To avoid any charges, you must cancel your Subscription before the end of your free trial period. Before charging you at the end of your free trial period, we will notify you of the applicable fees.
Price Changes. We reserve the right to adjust pricing for our Paid Services or any components thereof in any manner and at any time. Any price changes will take effect following notice to you.
ONE-TIME PURCHASES
Certain Paid Services are one-time purchases, and not subscription based. One-time purchases may not be canceled and you are not entitled to a refund for such services.
PAYMENT AND BILLING
You authorize Pacific Clinic to charge your chosen payment method for the Paid Services. By providing a payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Paid Service may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your use of the Service.
Please note that if you accept a promotional offer or make changes to your Paid Services, the amount billed may vary. It may also fluctuate due to changes in applicable taxes or currency exchange rates. You authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
PAID SERVICES REPRESENTATIONS, WARRANTIES AND COVENANTS
Any Paid Services are personal to you and may not be used by any other person. You will not allow anyone else to use your Paid Services, and you will not transfer any Subscription or disclose your password to any other person. You will report to Pacific Clinic any unauthorized or prohibited use of your Paid Services.
USE PACIFIC CLINIC’S SERVICES AT YOUR OWN RISK
If you rely on any Pacific Clinic Content or Services, you do so solely at your own risk.
Our goal is to provide helpful and accurate information on our Services, but we make no endorsement, representation, or warranty of any kind about any Pacific Clinic Content, information, or services. The accuracy of the data collected and presented through our Services is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through our Services. Pacific Clinic Content and Services may change from time to time or vary by geographic location. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete.
Use of our Services should not replace your good judgment and common sense.
CONSULT YOUR DOCTOR BEFORE USING OUR SERVICES
Our Services are not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using our Services, engaging in an exercise program, or changing your diet. If you experience a medical emergency, stop using our Services and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through our Services. If you engage in any exercise program you receive or learn about through our Services, you agree that you do so at your own risk and are voluntarily participating in these activities.
IP POLICY
Pacific Clinic respects the intellectual property of others and expects its users to do the same. It is Pacific Clinic’s policy to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders, and reserve the right to do so at our sole discretion.
FEEDBACK AND SUBMISSIONS POLICY
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Pacific Clinic, or obtained from sources other than you.
CONTESTS AND GIVEAWAYS
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Pacific Clinic or its partners. It is your responsibility to carefully review those terms and conditions.
ALERTS AND NOTIFICATIONS
As part of your use of the our Services, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from our Services by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
THIRD-PARTY SERVICES
The Pacific Clinic Services may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under our control. This may include the opportunity for you to link your account, data, or our Services with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with our Services, such as third-party applications accessed on Pacific Clinic software, are not part of our Services and are not controlled by Pacific Clinic, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the Pacific Clinic Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.
SERVICES CHANGES AND MODIFICATIONS
Pacific Clinic may change or discontinue, temporarily or permanently, any feature, component, or content of our Services at any time without notice. Pacific Clinic is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of our Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Pacific Clinic products without prior notice to you.
TERMINATION
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of our Services, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting our Customer Support. Upon any termination of these Terms or suspension, termination, or discontinuation of our Services or your account, certain provisions of these Terms will survive.
INDEMNITY
You will indemnify and hold harmless Pacific Clinic or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of our Services, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
LIMITATION OF LIABILITY
NEITHER PACIFIC CLINIC, ITS AFFILIATES, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FITBIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL PACIFIC CLINIC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO PACIFIC CLINIC FOR USE OF OUR SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PACIFIC CLINIC, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PACIFIC CLINIC AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Pacific Clinic arising out of or relating to these Terms of Service, our Services, or any other Pacific Clinic products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Pacific Clinic, you agree to try to resolve the Dispute informally by contacting us at our mailing address in the Contact Us section of the Terms below, and providing us with your email address. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Pacific Clinic may bring a formal proceeding.
We Both Agree To Arbitrate: You and Pacific Clinic agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting lawoffice@josephdwhite.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Benton County, Washington or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Pacific Clinic will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or Pacific Clinic may assert claims, if they qualify, in small claims court in Benton County, Washington or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Pacific Clinic products or Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with Pacific Clinic on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Pacific Clinic agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Benton County, Washington. Both you and Pacific Clinic consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Pacific Clinic products or Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
GENERAL TERMS
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Pacific Clinic and you regarding the Pacific Clinic Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Pacific Clinic and you regarding our Services and Pacific Clinic Content.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use our Services. When you use our Services after a modification becomes effective, you are telling us that you accept the modified Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Pacific Clinic’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Pacific Clinic may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Pacific Clinic under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Pacific Clinic Services. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Pacific Clinic’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Pacific Clinic. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
ADDITIONAL TERMS MAY APPLY
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
CONTACT US
You may contact us at our mailing address below.
The Brae, LLC dba Pacific Clinic
Attn: Legal Department (Terms of Service)
1350 N. Grant St, Kennewick WA 99336