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GL+Plus Care

Terms and Conditions

Last Updated: September 25, 2024

AGREEMENT TO OUR LEGAL TERMS

Welcome to GLPlus Care (“GLPlus Care”, “we”, “us”, or “our”), a subsidiary of Golden Leaf Health, PC (“Golden Leaf Health”). By accessing or using our website https://goldenleafhc.com (the “Service”), you agree to comply with and be bound by the following Terms and Conditions (the “Legal Terms”). If you do not agree with any part of these Legal Terms, you must discontinue use of the Service immediately.

You can contact us by email at info@goldenleafhc.com or by mail at:

GLPlus Care
c/o Golden Leaf Health, PC
2305 South Melrose Dr., Suite 105
Vista, CA 92081

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and GLPlus Care, concerning your access to and use of the Service. By accessing the Service, you acknowledge that you have read, understood, and agree to be bound by all of these Legal Terms.

We reserve the right to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Legal Terms. You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. Your continued use of the Service after the posting of any revised Legal Terms constitutes your acceptance of the changes.

We recommend that you print a copy of these Legal Terms for your records.

1. Our Services

The information provided through our Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Intellectual Property Rights

Our Intellectual Property

GLPlus Care, as part of Golden Leaf Health, PC, owns or is licensed to use all intellectual property rights in the Service, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). The Content and Marks are protected by copyright, trademark, and other intellectual property laws and treaties worldwide.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the “Prohibited Activities” section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • Access the Service; and

  • Download or print a copy of any portion of the Content to which you have properly gained access.

This license is solely for your personal, non-commercial use or for internal business purposes. Except as expressly provided herein or elsewhere in these Legal Terms, no part of the Service and no 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.

If you wish to make any use of the Service, Content, or Marks other than as set out in this section or elsewhere in these Legal Terms, please address your request to info@goldenleafhc.com. If we grant you permission to post, reproduce, or publicly display any part of our Service or Content, you must identify us as the owners or licensors and ensure that any copyright or proprietary notice appears or is visible on such Content.

We reserve all rights not expressly granted to you in and to the Service, Content, and Marks. Any breach of these Intellectual Property Rights constitutes a material breach of these Legal Terms and may result in immediate termination of your rights to use the Service.

Your Submissions

By submitting any content through the Service (“Submissions”), you agree to assign to us all intellectual property rights in such Submissions. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant us the rights in such Submissions. You also agree that we may use, modify, distribute, and otherwise exploit your Submissions for any purpose without compensation to you.

3. User Representations

By using the Service, you represent and warrant that:

  1. You have the legal capacity and agree to comply with these Legal Terms;

  2. You are not a minor in the jurisdiction in which you reside;

  3. You will not access the Service through automated or non-human means, whether through a bot, script, or otherwise;

  4. You will not use the Service for any illegal or unauthorized purpose;

  5. Your use of the Service will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service.

4. Prohibited Activities

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

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

  • Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Service.

  • Disparage, tarnish, or otherwise harm us or the Service.

  • Use any information obtained from the Service to harass, abuse, or harm another person.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Service in a manner that violates any applicable laws or regulations.

  • Engage in unauthorized framing of or linking to the Service.

  • Upload or transmit viruses, Trojan horses, or other harmful material that interferes with any party’s uninterrupted use and enjoyment of the Service.

  • Engage in any automated use of the system, such as using scripts to send comments or messages.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit any material that acts as a passive or active information collection mechanism, including but not limited to web bugs, cookies, or other similar devices.

  • Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service.

  • Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service.

  • Copy or adapt the Service’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Decipher, or reverse engineer any of the software comprising or making up a part of the Service.

  • Use a buying agent or purchasing agent to make purchases on the Service.

  • Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for sending unsolicited email.

  • Use the Service as part of any effort to compete with us or for any revenue-generating endeavor.

5. User Generated Contributions

The Service may allow users to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Service, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively, “Contributions”). Contributions may be viewable by other users of the Service and through third-party websites.

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

  1. You own or have the necessary licenses, rights, consents, and permissions to grant us the rights in such Contributions;

  2. All your Contributions do and will comply with these Legal Terms.

6. Contribution License

By submitting any Contributions to the Service, you grant us a perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, reproduce, modify, create derivative works from, distribute, publicly display, and perform your Contributions in connection with the Service and our business operations.

You agree that we may access your Contributions for the purpose of reviewing them to determine whether they are compliant with these Legal Terms.

We do not assert any ownership over your Contributions. You retain full ownership of all intellectual property rights in your Contributions. You are solely responsible for your Contributions and agree to indemnify us against any claims arising from your Contributions.

7. Services Management

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

  1. Monitor the Service for violations of these Legal Terms;

  2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such user to law enforcement authorities;

  3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof;

  4. Remove from the Service or disable access to any Content that is excessive in size or burdensome to our systems;

  5. Manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

8. Term and Termination

These Legal Terms shall remain in effect while you use the Service. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Service (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 Legal Terms or of any applicable law or regulation.

We may terminate your use or participation in the Service or delete any Content or information that you have 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.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

9. Modifications and Interruptions

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

We cannot guarantee that the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service 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 Service during any downtime or discontinuance of the Service.

Nothing in these Legal Terms will obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

10. Governing Law

These Legal Terms shall be governed by and defined following the laws of the State of California, USA. GLPlus Care and you consent that the courts of the State of California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

11. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (“Disputes”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other.

Binding Arbitration

Any Dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of the ICAC. The number of arbitrators shall be three (3). The seat of arbitration shall be in California, USA. The language of the proceedings shall be English. The governing law of these Legal Terms shall be the substantive law of the State of California.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law:

  • No arbitration shall be joined with any other proceeding;

  • There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures;

  • There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exception to Informal Negotiation and Arbitration

The following Disputes are not subject to the above informal negotiation and binding arbitration:

  • Any Disputes seeking to enforce or protect any of the intellectual property rights of a Party;

  • Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;

  • Any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within that portion, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above. The Parties agree to submit to the personal jurisdiction of that court.

12. Corrections

There may be information on the Service 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 Service at any time without prior notice.

13. Disclaimer

THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE 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 SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICE, 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 SERVICE;

  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 SERVICE;

  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;

  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS;

  7. 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 SERVICE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, 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.

14. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $100. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. Indemnification

You agree to defend, indemnify, and hold harmless GLPlus Care, Golden Leaf Health, PC, their subsidiaries, affiliates, and all of their respective officers, agents, partners, and employees from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. Your use of the Service;

  2. Your breach of these Legal Terms;

  3. Your breach of any representations and warranties set forth in these Legal Terms;

  4. Your violation of the rights of a third party, including but not limited to intellectual property rights;

  5. Any overt harmful act toward any other user of the Service with whom you connected via the Service.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

16. User Data

We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

17. Electronic Communications, Transactions, and Signatures

Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

18. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Service. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

19. Contact Us

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

GLPlus Care
c/o Golden Leaf Health, PC
1902 Wright Pl., Suite 200
Carlsbad, CA 92008
Phone: (760) 542-8898
Email: info@glpluscare.com