• Your Device Functionality You are responsible for obtaining and maintaining your Device, software, operating system, carrier and network access necessary to properly access and use Cerebral’s services. Cerebral does not guarantee that the Website, the App or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier, or network. You hereby acknowledge and agree that information about your use of Cerebral’s services through your Device may be sent to Cerebral and/or certain third parties,as deemed necessary to provide its states services. All rate and data fees of your Device’s carrier apply. Cerebral is in no way responsible for your carrier rates and data fees, where applicable.
• Copyrights The Website, the App, and all elements and derivatives thereof (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation and expressions), as well as all copyrights, trademarks, trade secrets and other intellectual properties of the foregoing, are owned, licensed or permissibly used by Cerebral.
• User Materials License All names, photographs, information, communications and any other content that you submit to or publish on or through the Website or the App, or that you submit to or publish on an online social media account (e.g., Facebook, Twitter, Instagram) that you own and link or otherwise associate with the Website, the App or your User Account (defined below), including any medical information you provide via the Website or the App, if any and as applicable, is hereinafter defined as the "User Materials." With the exception of personal health information, you hereby grant Cerebral an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual and universe-wide license for Cerebral to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market, modify, adapt, create derivative works, communicate, publish, syndicate, publicly perform, publicly display, archive and otherwise use and exploit all or any part of such User Materials and any elements and derivatives thereof in any manner, medium or form, whether now known or hereinafter devised, as Cerebral sees fit in its sole discretion.
• Disclaimer of Warranties You expressly agree that use of the Website of App is at your sole risk. The Website and App are presented “As Is” and “As Available”. Cerebral expressly disclaims all warranties of any kind, expressed or implied, including, but not limited to, any warranties of merchantability.
• Termination or Suspension of Service Cerebral has the right to suspend or terminate the function or existence of all or any part of the Website, the App and/or your User Account at any time, and without notice or recourse, as deemed advisable. Cerebral shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations.
Cerebral Medical Pages Certain pages within the Website and App contain healthcare-related information, herein collectively referred to as the "Cerebral Medical Pages." Cerebral Medical Pages are provided and operated by Cerebral, Inc as a service to Cerebral Medical Group, a Professional Corporation. All communications, statements, materials, and transactions published or conducted on, through or in relation to the Cerebral Medical Pages are those of Cerebral Medical Group and not Cerebral, Inc. Cerebral, Inc is not a party to or responsible for any such communications, statements, materials, transactions, products, or services; rather it is merely an intermediary.
User Account Activity and Responsibility You are responsible for all activity that occurs under your User Account. You may not allow another individual or third party to access, use, or modify your User Account. You are responsible for maintaining the security of your User Account by way of keeping your login credentials secret to only yourself. You are also responsible for maintaining the completeness and accuracy of the contents of your User Account as this information is used by Cerebral Medical to render appropriate medical care. Please contact Support (email@example.com) if you suspect that another individual or third party has gained access to your User Account.
Automatic Renewals Your Membership will automatically renew on a monthly basis at the end of an existing subscription period. Cerebral will bill you for the subsequent membership period on a monthly basis. You are responsible for paying for this. Should you cancel your membership (see below) before the end of the current billing cycle, then access to the membership services will be removed, but you will continue to have access to the membership pages as they may contain personal health information.
Cancellations Please email firstname.lastname@example.org by 5pm PT the business day before your scheduled billing date to cancel your account.
Third-Party Payment Processing Vendor All credit card, debit card and other monetary transactions on or through the Website and the App – whether with Cerebral or Cerebral Medical – occur through online payment processing application that is provided by a third-party vendor(s). This information is accessible through the Website and the App. Such arrangements are contractual in nature and is not under the direct control of Cerebral or Cerebral Medical.
Payment Authorization and Obligations By providing Cerebral with your payment information, you hereby authorize, but under no obligation, Cerebral to do the following as Cerebral deems necessary: (a) share your payment information with Cerebral, Inc, Cerebral Medical, and any Cerebral subsidiaries (henceforth “The Company”); (b) share your payment information with the third-party payment processing vendor(s) (see above); and (c) obtain your updated payment information from your payment issuer, the third-party payment processing vendor(s), and/or applicable third-party providers. You agree that you are responsible for all amounts that accrue under your account(s) with The Company, the third-party payment processing vendor(s), and/or other third parties on or through the Website and the App. This includes, but is not limited to, your subscription fees, unpaid invoices, overdraft charges, penalty fees, as well as payment validation fees (which consists of a temporary hold of $0.01 when updating payment information in order to facilitate the transaction and verify the validity of your payment method).
Refusal of Products and Services on Fraud Cerebral has the right to refuse its products and services (including, without limitation, the Website, the Apps, and any products and services offered by Cerebral) on suspicion of fraudulent or illegal activity associated with your User Account. This includes, but is not limited to, stolen payment information or falsified medical information resulting in a prescription and subsequent medication by Cerebral Medical.
Waiver of Claims and Unauthorized Payments You agree to waive all claims against Cerebral related to any unauthorized payments made on or through your account(s) with Cerebral, Cerebral’s’ third-party payment processing vendor(s), Cerebral Medical or any other third parties and/or any other person or entity, regardless of whether such payments are authorized or unauthorized. However, you may submit a claim of the unauthorized payment to Cerebral so that Cerebral can conduct a reasonable investigation as it sees fit under the circumstances. If appropriate, Cerebral was assist in correcting the alleged unauthorized payment, provided that such claim ("Unauthorized Payment Claim") is received by Cerebral within thirty (30) days of the subject charge or payment.
Warranty of Payment Information. You warrant to Cerebral that any provided payment information to Cerebral is complete and accurate. You will promptly notify Cerebral if your payment information has changed (e.g. a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.
Refunds. No refunds regardless of whether services were utilized (including, but not limited to, provider visits, Care Counselor visits, and medication delivery). All orders are final once shipped. When the package is dispensed by the pharmacy, the order cannot be returned or refunded. Federal law prohibits pharmacies from accepting returns or exchanges on prescriptions, to protect the integrity of the medication and the health of the patient. If you think you’ve received the wrong medication, have received an order in error, or have any other questions, please contact us at email@example.com.
• Express Consent You hereby expressly consent to Cerebral sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters or other informational purposes) via any electronic means or forms as Cerebral deems appropriate in its sole discretion via the Website, or App and its contained Membership Pages, email, or telephone. By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules, or regulations. Voice, SMS, and data fees apply. However, granting of this consent is not a condition for receiving services from Cerebral.
• Communication Opt-Out. You may opt-out of receiving any of the above as described at any time by going through your User Account. Opting out may impact your receipt, the success, and/or the performance of Cerebral’s paid Membership Services.
Prohibited Activities You shall not engage in any of the following activities at any time with respect to the Website or the App: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Cerebral or its licensors with respect to the Website or the App; (c) the reproduction or publication of the Website, the App or any data or content found thereon or therein, in whole or in part, or the creation of any derivatives works of the foregoing (unless expressly authorized by Cerebral herein); (d) the use of any software, program, process, device, application or routine (e.g. robots, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage, injure, decrypt, interfere with the Website, the App, any servers which may host the Website or the App.
Your use of the Website and the App is done at your own risk. The Website, the App, the success or performance of the Website or the App and all information, communications, content, features, products and services offered, sold and/or licensed on or through the Website and/or the App are provided to you on an "as is," "where is," "as available," and "with all faults" basis.
All descriptions, images, references, features, content, specifications, products, and prices of any products or services offered by Cerebral (or possibly Cerebral Medical ) on or through the Website or the App are subject to change at any time and without notice to you. Any medical products are provided subject to all warnings, limitations, and restrictions published or provided by the manufacturer thereof.
You understand and acknowledge that the Website and/or the App may be subject to limitations, delays and other problems inherent in the use of third-party communication networks and facilities that are outside of Cerebral’s control, and thus Cerebral will not be responsible for any delays, failures, or damages associated with the Website and the App which result from any system delays, downtimes, interruptions or other failures of or problems with the Website and/or the App which are outside of Cerebral’s control.
- By mail: Cerebral, Inc., attn.: Support, 555 Mission Street San Francisco, CA 94105.
- By email: firstname.lastname@example.org