Effective Date: January 1, 2021
You represent and warrant that:
- the information you provided in all forms submitted through the Website is accurate and complete;
- you will comply with all applicable laws as it relates to the Website and/or Services;
- you will not interfere with, disrupt, or replicate, or attempt to interfere with, disrupt, or replicate this Website and Services and its security measures and protocols.
If any information you provided to us becomes inaccurate, incomplete, or otherwise false and/or misleading, you will immediately notify us. You are responsible for ensuring that any information you provide is complete, up to date, and accurate.
Modification of Website and Services.
We reserve complete and sole discretion with respect to the operation of the Website and the Services. We may withdraw, suspend, or otherwise discontinue any functionality or feature of the Website. We reserve the right to maintain, delete, or destroy all communications and user content posted or uploaded to the Services pursuant to applicable law and our internal record retention and/or destruction policies. Occasionally, we may perform maintenance on or upgrade the Website or Services or the underlying structure that enables use of the Website or Services. This may require us to temporarily suspend or limit your use of the Website or Services until such time the maintenance or upgrade is completed. To the extent possible and unless otherwise stated, we will endeavor to publish the time and date of such expected suspension or limitation on its Website or Services in advance when possible. You agree that you are not entitled to claim any damages for such suspension or limitation during such maintenance or upgrade.
Your Relationship with Us.
By providing your email address and cell phone number to CIT Clinics, you are agreeing to be contacted by or on behalf of CIT Clinics and its affiliated providers, including emails to your email address and text (SMS) messages to your cell phone and other wireless devices, and the use of an automatic telephone dialing system, artificial voice and prerecorded messages, to providing you with marketing and promotional materials relating to CIT’s products and services, and products and services of its affiliated providers. You may opt-out of receiving text (SMS) messages from CIT Clinics or its subsidiaries at any time by replying with the word STOP from the mobile device receiving the messages. You need not provide this consent in order to purchase any products or services from CIT. However, you acknowledge that opting out of receiving text (SMS) messages may impact your experience with the service(s) that rely on communications via text (SMS) messaging.
By requesting a consultation with a provider through the Website, you are requesting to enter into a clinician/patient relationship with a licensed provider affiliated with CIT Clinics. You will only receive medical care once a bonafide clinician/patient relationship with a medical professional is established by mutual acceptance. You agree that you will be financially responsible for the provision of professional medical services by a Provider.
Content of Communication.
We do not endorse or take responsibility for the content of communications made using any portion of the Website. By using the Website, you agree that any content received or transmitted is entirely the responsibility of the individual from whom such content originated. You agree that you are solely responsible for the content you choose to upload onto the Website or communicate to a Provider. You agree not to:
- access the Website or use the Services in any unlawful way or for any unlawful purpose;
- post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct;
- impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity;
- tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Website;
- use robots or scripts with the Website;
- attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Website;
- to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting;
- incorrectly identify the sender of any message transmitted to the Website. You may not alter the attribution or origin of electronic mail, messages, or posting;
- harvest or collect protected health information about any other individual who uses the Website;
- infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
The Website does not provide medical advice and no provision of Services or operation of the Website is, or should be construed as, the practice of medicine. We make no representation or warranty as to the content or quality of any treatment decision, recommendation, or response from any Provider. You and the Provider are solely responsible for all information and/or communication sent during a telephone or web video consultation, secure email, or other communication, and the subsequent result. We do not guarantee that a telephone or web video consultation or secure e-mail is the appropriate course of treatment for your particular health care situation or needs. You acknowledge and agree that this Website is not a replacement for your existing relationship with your physician or healthcare provider. You will contact your physician immediately should your condition change or your symptoms worsen. If you require emergency care, you will contact your local emergency services immediately.
Any controversy, dispute or claim arising out of, or relating in any way to these Terms or your use of the Website will be resolved by binding arbitration rather than in court.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. Your claims cannot be brought as a class action. However, an arbitrator can award on an individual basis the same damages and relief as a court. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
To begin an arbitration proceeding, you must first send a written letter to CIT Clinics concerning your claim. The letter should be addressed to: CIT Clinics, Inc. Attn: Legal Office. 246 Mercedes Ct, Davis, CA, 95616. If CIT Clinics selects to begin an arbitration proceeding, it will send you a written letter to the most recent address we have on file or in our records for you. A letter, whether sent by you or by CIT, must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If CIT Clinics and you do not reach an agreement to resolve the claim within thirty (30) days after the letter is received, you or CIT Clinics may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by CIT Clinics or you prior to the arbitration shall not be disclosed to the arbitrator. To initiate arbitration, you may download a “demand for arbitration” form from the American Arbitration Association at www.adr.org.
CIT Clinics and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. If for any reason a claim proceeds in court rather than in arbitration, CIT Clinics and you each waive any right to a jury trial. Notwithstanding anything to the contrary herein, CIT Clinics and you agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights of the other party.
If you wish to purchase any product or service made available through the Service (individually and collectively, a "Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
- any credit / debit card information you supply is true, correct and complete;
- charges incurred by you will be honored by your credit/debit card company;
- you will pay the charges incurred in the amounts posted, including any applicable taxes;
- you are the person in whose name the credit / debit card was issued and you are authorized to make a purchase or other transaction with the relevant credit / debit card and information.
For your convenience and to simplify the purchase process, our products and/or services may list a single total price for the collective products and/or services included in this purchase.
Agreement for Self-payment of Services.
CIT Clinics are committed to providing the best quality healthcare services. We do not participate in any insurance plans, including Medicare or Medicaid, and we do not accept any health insurance. Our services are 100% self-pay by our patients, and you agree to be responsible for full payment of the listed price of the services.
Your insurance policy is a contract between you and your insurance company. It is your responsibility to know your benefits, and how they will apply to your benefit payments, and we take no responsibility to understand or be bound by the terms and conditions of such insurance. By agreeing to use the Services, you are electing to purchase services that may or may not be covered by your insurance if you obtained those services from a different provider. There is no guarantee your insurance company will make any payment on the cost of the services you have purchased.
Consent for Recurring Payments.
For products and/or services with recurring payments, the payment method you provided will be automatically charged at regular intervals as described during the checkout process. If a credit card / debit card account is being used for a transaction, CIT Clinics may obtain pre approval for an amount up to the amount of the payment. If you would like to designate a different payment method or if there is a change to your payment information, please email email@example.com to process this change.
Availability, Errors, and Inaccuracies.
The product and service offerings on the Website are constantly being updated. We may experience delays in updating information on the Website and in our advertising on other web sites. The information found on the Website may unintentionally contain errors or inaccuracies and may not be complete or current. Products or services may be unintentionally mispriced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website.
We therefore reserve the right to change or update any information and to correct any errors, inaccuracies, or omissions on or in connection with the Website, these Terms, or otherwise, at any time and without prior notice.
We respect the intellectual property rights of others. It is our policy to respond to any claim that protected content posted on the Website infringes on the copyright or other intellectual property rights (collectively, "Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work has been utilized in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims".
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or fraudulent or bad-faith claims regarding the infringement of any content found on and/or through the Website.
Unless otherwise indicated, the content, features, and functionality of the Website (collectively, “Content”), and our trademarks, service marks, logos, and trade dress (collectively, “Marks”), are and will remain the exclusive, proprietary property of CIT Clinics and its licensors, successors, and/or assigns. The Website, Service, Content, and Marks are protected by copyright, trademark, and other applicable rights and laws of the United States, foreign jurisdictions, and international conventions. Our Content and Marks may not, without the prior written consent of CIT Clinics, be:
- copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, reverse-engineered, sold, licensed, or otherwise exploited;
- used in connection with any product or service.
We reserve all rights in and to the Website, Service, Content, and Marks not expressly granted to you herein.
Links To Other Websites.
Our Website may contain links to third party web sites or services that are not owned or controlled by CIT Clinics. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any third parties or their services or websites.
By using our Website, you acknowledge and agree that CIT Clinics shall not be responsible or liable, directly or indirectly, for any damage or loss caused (or alleged to be caused) by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, text/SMS messages, or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You are free to stop using the Services at any time. If you wish to terminate your account, you may do so at any time and simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities and limitations of liability.
You hereby agree to hold harmless, defend and indemnify us, our principals, owners, officers, directors, managers, employees, contractors, agents, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands, and expenses, including attorney’s fees, that arise from or are related to:
- your use or misuse of the Website or Services;
- the content or subject matter of any information you provide to us;
- any negligent or wrongful act or omission by you in the use or misuse of the Website, including without limitation, infringement of third party intellectual property rights. You agree to waive, to the fullest extent permitted by law, all laws that may limit the efficacy of such indemnifications or releases.
Limitation Of Liability.
In no event shall CIT Clinics or the Indemnified Parties be liable for any indirect, incidental, special, consequential or punitive damages (whether or not we have been informed of the possibility of any such damages) based on any causes of action, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- your access to or use of (or inability to access or use) the Website, App, or Service or any performance error, omission or interruption in connection thereto;
- any conduct or content of any third party on the Website or Service;
- any content obtained from the Website or Service;
- unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory or basis, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Website and Service is at your sole risk. The Website and Service are provided on an "AS-IS" and "AS AVAILABLE" basis. The Website and Service are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Neither CIT Clinics nor the Indemnified Parties warrant that:
- the Service will function in an uninterrupted manner, function securely or be available at any particular time or location;
- any errors or defects will be corrected;
- the Service is free of viruses or other harmful components;
- the results of using the Service will meet your requirements.
If certain jurisdictions do not allow the exclusion of certain warranties, or the exclusion or limitation of liability for consequential or incidental damages, the limitations herein will apply to you only to the extent permitted by applicable law.
These Terms shall be governed and construed in accordance with the laws of the state of California, United States, without regard to its conflict of law provisions. Failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to amend, modify, or replace these Terms at any time. If a revision consists of a material change, we will provide at least thirty (30) days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at the below addresses.
183 Butcher Rd, Suite B
Vacaville, CA 95687