Terms of Use - Virtual Biowellness 

 

INTRODUCTION

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites) owned and controlled by Bio-Matrix LLC, including

virtualbiowellness.com website (the “Site”) and services available through the site (“Services”). (Virtual Biowellness, “Counselor” “we” “us” and “our”) primarily offer the Bio-Scan, health and nutritional remote and online consultations performed by the Counselor of Bio-Matrix LLC. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms of Use"). These Terms of Use describe the rights and obligations of visitors (“Client” “user” and “you”) in connection to the use of the site and the services. If you use or access any of our physical space, or other services we provide, your use of such space or services is subject to the terms and conditions you received or accepted when you signed up for such space or services.

 

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CONTACT YOUR DOCTOR OR DIAL “911” IMMEDIATELY. THE VIRTUAL BIOWELLNESS SITE AND SERVICES ARE NOT FOR MEDICAL EMERGENCIES OR URGENT SOLUTIONS. 

 

Your use of the Site is subject to Virtual Biowellness's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs of our data collection practices and policies, including how we collect and handle your personal information, health information and financial information.

 

Your continued use of the Site, acceptance of, and compliance with these Terms of Use and conditions following the posting of any changes to the Terms of Use constitutes acceptance of these changes. From time to time, we may make changes, modifications, deletions or additions to the Site or these Terms of Use. When changes are made to the site, we will post them here. Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, please promptly exit this Site.

 

1. DISCLAIMER OF HEALTH CARE RELATED SERVICES -  NO MEDICAL ADVICE OR SERVICES

THE CONTENT OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION PROVIDED BY VIRTUAL BIOWELLNESS OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY VIRTUAL BIOWELLNESS, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH VIRTUAL BIOWELLNESS COUNSELOR IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. 

 

The Counselor encourages the Client to continue to visit and be treated by his/her health care professional, including without limitation, a physician. The Client understands that the Counselor is not acting in the capacity of a doctor or a licensed dietician/nutritionist. Accordingly, the Client understands that the Counselor is not providing health care, medical, or nutrition therapy services and will not diagnose, treat or cure in any manner whatsoever, any disease, condition or physical or mental ailment of the human body.

The Client has chosen to work with the Counselor and understands that the information received should not be seen as medical advice and is certainly not meant to take the place of the consulting with licensed health care professionals.

The Client understands that the Biofeedback Scan offers an alternative, holistic approach to balancing and improving health by combining energetic screening, homeopathic remedies and dietary supplements. The Client understands that this approach is not FDA approved.

Diagnosis of allergies or other medical conditions should be pursued by conventional diagnostic methods. Even if some clients see an improvement in their condition, others may not respond to this method, and results cannot be guaranteed. The Client understands that immune reactions can be unpredictable, and on rare occasions, individuals may experience allergic reactions to recommended dietary supplements. It is also possible when desensitizing sensitivities that they may increase, at least for a short duration.

It is important that any significant health problems, including but not limited to, diabetes, cancer, stents, organ implants and information about serious allergies, be disclosed prior to the session.

 

2. PERSONAL RESPONSIBILITY AND RELEASE OF HEALTH CARE RELATED CLAIMS

The client certifies that they understand the nature of these sessions and acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family and children (where applicable), and all decisions made during and the sessions and program. The Client acknowledges being fully informed of the program and treatments and any related risks, and fully consents, without reservations to the tests, treatment and supplements.

The Client expressly assumes the risks, whether or not such risks were created or exacerbated by the Counselor. The Client releases the Counselor from any and all liability, damages, causes of action, allegations, suits, claims and demands whatsoever.

 

3. ELECTRONIC COMMUNICATIONS 

When you use any Site or Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Virtual Biowellness may contact you by telephone or email to confirm your appointment, shift the time of your appointment if unforeseen circumstances arise, or to follow up on the completion of your health questionnaire form prior to your appointment.

 

Email Session:

1. By ticking the two boxes before submitting the form, you are acknowledging and agree (a) you are not seeking medical emergency advice, as are aware our approximate response time is 1-3 business days and (b) if you are having a medical emergency, you will immediately call your doctor or dial 911.

2. When you book the email service, you will receive an email confirmation your request has been received. We will respond to your email at the earliest time; however this session is not time bound, and if we require longer than 3 business days, we will email you to provide a new approximate time for our response. 

 

Zoom or Call Sessions:

Your confidentially and trust is of the upmost importance to us. Virtual Biowellness does not record any zoom or call sessions. By providing your mobile number, you are agreeing to be contacted by or on behalf of Virtual Biowellness at the mobile number you have provided.

1. When you book or opt-in to the Zoom or Call session and services, we will send you an SMS message and email confirmation.

2. After scheduling a consultation on the Site, you will receive SMS messages and emails with regards to your consultation status, and reminders prior to your appointments.

3. You can cancel the SMS service and email service at any time, by clicking on the prompt at the bottom of these communications. You can also email us at hello@vbiowell.com to further opt out of any electronic communications. 

 

Email Correspondences:

All the emails using @vbiowell.com are served via a 3rd party cloud infrastructure, to ensure a secure, reliable, and compliant environment. The emails have an encryption layer, helping to protect your emails and confidential correspondences. 

 

4. HEALTH FORMS/QUESTIONNAIRES

Bio-Matrix and Virtual Biowellness is not a “covered entity” under the Health Insurance Portability and Accountability (“HIPPA”) Act of 1996. Ensuring the privacy and security of your data is a top priority for us. We take precautions to provide an online form service with high grade security. We leverage the third party tool, JotForm. JotForm is HIPAA-compliant, and also includes a business associate agreement (BAA) to ensure health information safely and securely. All the health forms are served across protected 256 bit SSL (Secure Socket Layer) connection that uses a SHA256 Certificate. JotForm is compliant with the California Consumer Privacy Act (CCPA), which protects California residents by requiring businesses to handle their online and offline data in a responsible manner. The forms are fully compliant with the European Union’s General Data Protection Regulation (GDPR), the data protection law taking effect on May 25, 2018.  As a condition of the user completing the online form, you agree to JotForm Terms of Use. If you do not agree, Virtual Biowellness provide an alternative option, for the user to download the word doc from the Site and email the completed word doc directly to olya@vbiowell,com. 

 

5. CHILDREN UNDER EIGHTEEN

If treatment is for a minor child, then the Client confirms and acknowledges legal custody over health care decisions of the child.

Virtual Biowellness does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use virtualbiowellness.com only with written permission of a parent or guardian. 

  

6. CANCELLATION AND REFUND POLICY 

Please refer to our Service and Product Policies.  

 

7. ONLINE PAYMENT

The security of your payment details is important to us. We use payment processing services for our Site and third party providers, inclusive of Square and Paypal, and are subject to the Square Terms and Conditions  and Paypal User Agreement. By agreeing to these Terms of Use or using our Services, you agree to the applicable third party payment providers terms of use and/or user agreements, as they may be modified by the applicable third party. 

 

If you elect to purchase products or additional services, we collect the amount on behalf of you and pass them onto the identified vendors. We will email you an invoice, listing the products or additional services, for you to agree to and make payment before we process the payment. 

 

8. LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES 

virtualbiowellness.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Virtual Biowellness and Virtual Biowellness is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Virtual Biowellness is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Virtual Biowellness of the site or any association with its operators. 

  

Certain services made available via virtualbiowellness.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the virtualbiowellness.com domain, you hereby acknowledge and consent that Virtual Biowellness may share such information and data with any third party with whom Virtual Biowellness has a contractual relationship to provide the requested product, service or functionality on behalf of virtualbiowellness.com users and customers. 

  

9. NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY 

You are granted a non-exclusive, non-transferable, revocable license to access and use virtualbiowellness.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Virtual Biowellness that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

  

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Virtual Biowellness or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

  

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Virtual Biowellness content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Virtual Biowellness and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Virtual Biowellness or our licensors except as expressly authorized by these Terms. 

 

10. USE OF COMMUNICATION SERVICES 

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. 

  

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, including Virtual Biowellness; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. 

  

Virtual Biowellness has no obligation to monitor the Communication Services. However, Virtual Biowellness reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Virtual Biowellness reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. 

  

Virtual Biowellness reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, subpoenas, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Virtual Biowellness's sole discretion. 

  

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Virtual Biowellness does not control or endorse the content, messages or information found in any Communication Service and, therefore, Virtual Biowellness specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Virtual Biowellness spokespersons, and their views do not necessarily reflect those of Virtual Biowellness. 

  

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. 

  

11. MATERIALS PROVIDED TO VIRTUALBIOWELLNESS.COM OR POSTED ON ANY VIRTUAL BIOWELLNESS WEB PAGE 

Virtual Biowellness does not claim ownership of the materials you provide to virtualbiowellness.com (including feedback and suggestions) or post, upload, input or submit to any Virtual Biowellness Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Virtual Biowellness, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. 

  

No compensation will be paid with respect to the use of your Submission, as provided herein. Virtual Biowellness is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Virtual Biowellness's sole discretion. 

  

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. 

  

12. THIRD PARTY ACCOUNTS 

You will be able to connect your Virtual Biowellness account to third party accounts. By connecting your Virtual Biowellness account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature. 

  

13. INTERNATIONAL USERS 

The Service is controlled, operated and administered by Virtual Biowellness from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Virtual Biowellness Content accessed through virtualbiowellness.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

  

14. INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Virtual Biowellness, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Virtual Biowellness reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Virtual Biowellness in asserting any available defenses. 

 

15. CHOICE OF LAW, ARBITRATION AND LIMITED REMEDIES

This agreement shall be construed according to the laws of the State of NY, USA. In the event that any provision of this Agreement is deemed void or unenforceable, the remaining portions of the Agreement shall be severed and remain in full force and effect. In the event a dispute arises between the parties, either arising from this Agreement or otherwise pertaining to the treatment and/or relationship between the parties, the parties will waive trials by jury and submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas mediation and Arbitration Rules). Such arbitration shall be conducted by a single arbitrator. Any judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The sole remedy that can be awarded to the Client, in the event that an award is granted in arbitration, is a refund of the Service Fee. Without limiting the generality of the forgoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Client.

If the terms of this Agreement are acceptable, please sign the acceptance below. By doing so, the client acknowledged that he/she has had an opportunity to discuss the contents with the Counselor, and, if desired, to have it reviewed by an attorney; and the Client understands, accepts and agrees to abide by the terms hereof.

 

16. LIABILITY DISCLAIMER 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VIRTUAL BIOWELLNESS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

  

VIRTUAL BIOWELLNESS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VIRTUAL BIOWELLNESS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIRTUAL BIOWELLNESS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VIRTUAL BIOWELLNESS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

  

17. TERMINATION/ACCESS RESTRICTION 

Virtual Biowellness reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

  

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Virtual Biowellness as a result of this agreement or use of the Site. Virtual Biowellness's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Virtual Biowellness's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Virtual Biowellness with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

  

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Virtual Biowellness with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Virtual Biowellness with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

  

18. CHANGES TO TERMS 

Virtual Biowellness reserves the right, in its sole discretion, to change the Terms under which virtualbiowellness.com is offered. The most current version of the Terms will supersede all previous versions. Virtual Biowellness encourages you to periodically review the Terms to stay informed of our updates. 

  

Contact Us 

Virtual Biowellness welcomes your questions or comments regarding the Terms. 

  

Bio-Matrix LLC    

Virtual Biowellness 

1115 Broadway, Suite 1065 

New York, NY 10010 

  

Email Address: hello@vbiowell.com

    

Effective as of April 22, 2020 

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Disclaimer: The products and statements made about specific products on this website have not been evaluated by the United States Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure or prevent disease.  The information contained on the website for Bio-Matrix LLC is for educational purposes only and is not intended to diagnose, prescribe, treat, or cure any disease, ailment or injury. It is not medical advice. Everyone is an individual with different body types, different blood types, different body chemistries, and it is important to remember that what works for one person may not work for another. The decision to use or not to use any of this information is the sole responsibility of the reader. Any products, techniques, and/or personal usage tips, referred to on this website, are not suggested as a replacement for proper treatment from a licensed health care professional.  We strongly suggest you consult your medical doctor on using any alternative methods and supplements, and make sure they don’t interfere with your medications.

 

Virtual Biowellness@2020. All rights reserved.