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Terms of Use

Serenity Terms of Use

 

Last Edited: December 12, 2022

 

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION ENTITLED “DISPUTES” BELOW FOR DETAILS REGARDING ARBITRATION.

 

Pioneer Preventative Care Group (“Company,”we,” “us” or “Serenity”)  operates the Serenity website located athttps://chooseserenity.com, the mobile application (collectively the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services or communications provided through the Platform or otherwise by Company, and any affiliated website, software or application owned or operated by Company (“Services”) are governed by the terms and conditions set forth in these Serenity Terms of Use (“Terms”). Please read the Terms carefully. Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access the Platform and use the Services in accordance with these Terms.Your use of the Services constitutes your agreement to be bound by these Terms. If you disagree with one or more of these terms or find them unacceptable in any way, please do not use the Services.

  1. Changes to Terms of Use. We have the right to change or add to these Terms at any time by posting the amended Terms on the Platform. Any use of the Services after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that were published and in place at the time when the dispute arose.
  2. Emergencies. THIS PLATFORM IS NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER. COMPANY IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO THIS PLATFORM.
  3. Your Relationship with Company. Company is a technology company that makes available to individuals who register as users of the Platform and Services certain products and services designed for use in assessing certain aspects of their health, obtaining generally applicable information about diseases and health and wellness, and tracking managing users’ health and wellness and relationships with their healthcare providers. Company ais a California professional medical corporation, under the trade name Serenity, (the “Medical Group”) that employs or contracts with physicians and allied health professionals (“Providers”), and to the extent you become a patient of the Medical Group, Company will provide you will technological and administrative services (such as access to your medical information) associated with that relationship. All data, information, text, graphics, links, and other material on this Platform are provided as a convenience to our Platform visitors. Except as to information provided or communicated by the Medical Group and/or Provider(s)Company’s health professionals in the course of a telehealth encounter directly between you and the Provider(s) and a health professional, the information provided on this Platform is for general informational and educational purposes only. The information provided on our Platform is not intended to serve as medical or other professional advice and is not to be used for diagnosis or treatment of any condition or symptom. We do not control or interfere with the practice of medicine of any Providers, each of whom is solely responsible for the medical care and treatment he or she provides to you. By using certain aspects of the Services, you may, however, need to enter into a doctor-patient or other healthcare provider-patient relationship with the Medical Group and/or one or more Providers. Prior to allowing you to use such aspects of the Services, the Medical Group will provide you various notices and require you to agree to their terms and policies. By accepting these Term, you understand that, to the extent you establish a relationship with the Medical Group, the Medical Group and/or Providers may send you messages, reports, and emails via the Platform regarding your diagnosis and/or treatment. Company may also send you messages, reports, and emails via the Platform that are not medical advice but are instead related to general health and wellness. You further understand and agree that it is your responsibility to monitor and respond to these messages, reports, and emails and that neither Company Provider will be responsible in any way and you will not hold Company, Medical Group or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group or your Provider(s). The Medical Group and/or Provider(s) services are limited to its specific areas of focus and are not intended to take the place of primary care or specialist physicians who you may see for your ongoing healthcare needs. You should consult your physician or other qualified healthcare provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on the information contained on this Platform or other websites linked to or from it.
  4. Transactions. If you wish to purchase products or services described or linked to on the Platform (each such purchase, a “Transaction”), Company or the third party provider of the product or service will request certain information from you that is applicable to your Transaction, including, without limitation, credit card and other payment and shipping information. You understand that, if any such information is provided to Company, then Company shall treat any such information in the manner described in our Privacy Policy available at https://chooseserenity.com/policies/privacy-policy. By supplying such information, you grant the Company the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. You agree to pay all charges incurred by you or any users of your membership account or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. You shall also be responsible for paying any applicable taxes relating to your purchases. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MECHANISM USED IN CONNECTION WITH ANY TRANSACTION. Descriptions or images of, or references to, products or services on the Platform do not imply Company’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Company’s acceptance of any order. Price and availability of any product or service are subject to change without notice. Company is not responsible for errors in the prices or descriptions of any product or service. Refunds and exchanges shall be subject to Company’s and/or any applicable third party’s refund and exchange policies in effect at the time of the applicable Transaction. Current rates for any product or service available through the Platform may be obtained by sending an email to Concierge@ChooseSerenity.com
  5. Membership Terms.  BY PURCHASING OR USING ANY OF OUR MEMBERSHIP SERVICES, YOU ARE AGREEING TO THESE MEMBERSHIP TERMS AS OUTLINED IN THESE SECTIONS 5-15 (“MEMBERSHIP TERMS”).
  6. Membership Services. Serenity provides exclusive access to dedicated genomic healthcare professionals, genomic testing, personalized health reports, insights and advanced product features (“Membership Services”).You must be at least the age of majority in the jurisdiction in which you are located in order to place an order with us for Membership Services. You will need to register an account with us on the Serenity website or via the mobile app (collectively, the “Site”) in order to access the Serenity membership services ("Account"). Serenity may also offer a guest checkout flow on the Site which can be used to purchase access to the Membership Services. If you register an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate. Your order for Membership Services is an offer by you to enter into a 12 month subscription with us (unless otherwise agreed while checking out on the Site) (“Membership”). We will confirm our acceptance of your order by sending you a confirmation email (the "Confirmation Email"). These Terms and the order will become legally binding on you and us when you place your order and each order shall incorporate the Terms and shall be a new and separate contract between you and us.
  7. Unless you cancel your Membership Services prior to the end of your free trial, you will automatically become a paying user for the respective service. The payment method that you provided will automatically be charged the current Membership Fee either monthly, quarterly, biannual or annually (depending on the Membership Services model you selected at the time you registered), unless you cancel before the next billing cycle. If you wish to cancel or modify your Membership Services after the end of your free trial period or at any time during your Membership, you may do so by contacting our concierge at concierge@chooseserenity.com and following the cancellation or modification instructions at least one day before the next billing cycle.
  8. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL, MODIFY, OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU. WHERE REQUIRED BY APPLICABLE LAW, OR AT OUR DISCRETION, WE WILL PROVIDE YOU WITH NOTICE PRIOR TO THE RENEWAL OF THE MEMBERSHIP SERVICES.
  9. Plans and Pricing. The fees for Membership Services (“Membership Fee”) will be stated at the time of your purchase or sign-up, as applicable. All fees will be assessed in the applicable currency of the user’s country of residence. For example, fees for US users will be in USD while fees for Canadian users will be in CAD and fees for UK users will be in GBP. Fees are billed at the time of purchase, and at the start of each new billing period until you cancel (once every 12 months annual Membership, once per month for monthly Membership). For example, if you select a monthly membership, you will be billed at the start of each month for the length of the agreed minimum membership period and until you cancel. If you select a yearly membership, you will be billed at the start of each 12-month period. In each case, the billing period will commence on the date you first receive access to the services, and will continue for the specified period and billed at the start of each billing period unless you have terminated and the minimum membership period has expired. We reserve the right to change our Membership Services or adjust pricing for our Membership in any manner and at any time as we may determine in our sole and absolute discretion, on advance notice to you. Except as otherwise expressly provided for in these Terms, any price changes or changes to the Membership will take effect following notice to you and would apply prospectively on your next renewal payment. If you do not wish to continue your Membership following any price changes or changes to your Serenity membership services plan, you can cancel your subscription in accordance with the Membership Terms.
  10. Payment Method. To use the Serenity membership services, you must provide a current, valid, accepted method of payment, and to update such payment methods, as may be required from time to time. You authorize Serenity to charge any payment method associated with your Account for payment of the Membership Services. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend access to the Membership Services until we have successfully charged a valid payment method. In accordance with local law, Serenity may automatically update your payment information regarding your payment methods if provided such information by the payment networks or your financial institutions. For some payment methods, the issuer may charge you certain fees, including processing fees. Check with your payment method service provider for details. Serenity is not responsible for those fees.
  11. Cancellation and Refunds. You can cancel Serenity membership before your first pre-test consultation for a full refund. Following the consultation and prior to test samples being processed, you may request a 50% refund. Once samples have been processed, no refund will be issued even if the Membership is canceled. Upon the earlier of the: (i) end of the current Membership following your cancellation of the Membership Services, or (ii) closure of your Serenity Account, you will no longer have access to the Membership Services, including any genetic reports provided as part of the Serenity membership services. During your Membership, you have the ability to request and download all of your genetic and medical information, including all Serenity reports. You can cancel your Membership following your pre-test consultation for a full refund. Following the consultation, once samples have been collected and processed, no refund will be issued even if Serenity membership is canceled. Except as may be required by applicable law, payments are non-refundable and there are no refunds or credits for partially used Serenity membership periods. If, however, you cancel your Membership, you will continue to have access to your Membership Services until the end of the Membership.
  12. Termination. You may terminate your Membership Services (but not these Terms) at any time after your Membership in accordance with these Membership Terms. Serenity may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of these Membership Terms (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of these Membership Terms); (2) Serenity is required to do so by law (for example, where the provision of the Serenity membership services to you is, or becomes, unlawful); (3) Serenity is transitioning to no longer providing the Membership to users in the country, state or other jurisdiction in which you reside or from which you use the Membership Services; or (4) the provision of the Membership Services to you, is in Serenity's opinion, no longer commercially viable. With respect to subdivision (3) and (4) above, we will, where possible, provide you with at least sixty (60) days’ advance notice of our decision to terminate.
  13. From time to time, Serenity may suspend or cancel payment, refuse a refund request, or terminate your use of the Membership Services if we suspect fraudulent, abusive, or unlawful or other manipulative behavior that entitles Serenity to a corresponding counterclaim. Any such suspected activity may be referred to appropriate law enforcement authorities. You acknowledge and agree that Serenity shall not be liable to you or any third party for any termination of your access to the Membership Services in such circumstances.
  14. Serenity may make changes to all or any part of these Membership Terms from time to time, and at any time. Without limitation, these changes may include changes to the Membership Services, the price at which the Membership Services are offered, the renewal structure and term, and eligibility requirements. We will provide you with at least thirty (30) days' advance notice of any such amendments by sending a message to the email address (or other contact information at our discretion) associated with your account, and as applicable, posting a notice and a new copy of the Membership Terms on our Site. You may refuse the amendment and cancel your Account without cost, penalty, by sending us notice to that effect no later than thirty (30) days after you receive notice of the new terms. Unless you notify us within thirty (30) days from the time you receive notice of the amendment that you do not agree to the new terms, you will be deemed to have agreed to the revised Membership Terms. If any change to these Membership Terms is unacceptable to you, you may stop using our Membership Services and delete your Account at any time. You acknowledge and agree that if you use the Membership Services after the date on which the Membership Terms have changed, Serenity will treat your use as acceptance of the revised Membership Terms.
  15. Returns. You can request a full refund any time before your initial consultation with a medical expert. If you have already met with a medical expert, you can request a partial refund excluding a restocking fee of $500 up to 30 days after purchase, provided you meet the eligibility criteria outlined below: (i) you have not used, broken, damaged, or otherwise altered any of the items in the Serenity Test kit (ii) you have not broken the seal on any of the sample packages (iii) you have not booked, or have successfully canceled your appointment with a phlebotomist/nurse for your blood draw (iv) Only the purchaser (usually the credit card holder) may request the refund (v) If you are emailing us from a different email address than that of the purchaser, you will need to attach a copy of the invoice to the email request. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. Return shipping charges are not refundable and will be deducted from your refund. Returns and refunds outside of these stipulations can be processed at the discretion of our customer success manager. If you have any questions or concerns, please email us atconcierge@chooseserenity.com If after your consultation with the medical experts from Pioneer Preventative Care Group you choose not to consent based on the information you gained from the Informed Consent process, you are eligible for a refund, given the above stipulations are met. Refunds after 30 days may be issued for this reason. Once your return is received and inspected by our customer success team, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment within 5 to 10 business days. If you are the purchaser, you may email us at concierge@chooseserenity.com to request a refund. Be sure to attach the payment receipt that we automatically emailed to you when requesting a refund. Once we receive the Serenity test kit back and have concluded our inspections, our customer success team will inform you of the outcome by email. Provided the above stipulations are met, we will issue a refund. If your kit is damaged or defective, or you require new sample collection tubes, please email us atconcierge@chooseserenity.com If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return. Gift cards cannot be exchanged or refunded for any reason after 30 days of purchase,and can only be refunded to the original purchaser. To return your product, you should mail your product to: 2940 Nebraska Avenue, Santa Monica, CA, 90404, United States. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
  16. Compliance with Law. You may use this Platform only to the extent that you obey all laws, rules, and regulations applicable to your use of this Platform. In using the Platform, you agree not to (a) send or otherwise transmit to or through the Platform any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Platform or computers of any kind, and any unsolicited advertising, solicitation or promotional materials; (b) misrepresent your identity or affiliation in any way; (c) restrict or inhibit any person from using the Platform, disclose personal information obtained from the Platform or collect information about users of the Platform or (d) reverse engineer, disassemble or decompile any section or technology on the Platform, or attempt to do any of the foregoing: (i) gain unauthorized access to the Platform, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Platform; (ii) launch or use any automated system, including without limitation “robots,” “spiders,” or “offline readers,” that access the Platform in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; (iii) send or otherwise transmit to or through the Platform chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services; (iv) post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment; (v) violate any applicable laws or regulations in any way (vi) alter or modify any part of the content or services offered on or through the Platform; (vii) allow any other person to use the Platforms with your registration or login information; (vii) breach or otherwise circumvent Company’s security or authentication measures; and (i) assist or permit any persons in engaging in any of the activities described above. The Platform is not intended for anyone under the age of 18, without the consent of a parent or guardian. If you are under 18 years of age, please do not use or access the Platform, without the consent of a parent or guardian. By using the Platform, you affirm that you are over the age of 18 or that you have the consent of a parent or guardian. Company does not seek through the Platform to gather personal information from or about persons under the age of 18 without the consent of a parent or guardian.
  17. Your Privacy. While you are not establishing a doctor-patient or other healthcare provider-patient relationship with Company, by accessing the Platform and using the Services, you are establishing a direct relationship with Company to use the products and services made available through the Platform. In connection, with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information including health information, that is subject to use by us in accordance with ourPrivacy Policy available athttps://chooseserenity.com/policies/privacy-policyUpon acceptance of these Terms you confirm that you have read, understood, and accepted thePrivacy Policy available athttps://chooseserenity.com/policies/privacy-policy. You acknowledge that any questions about the use of your personal information (including your name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through the Platform and any other information that identifies who you are) may be used by Company solely in accordance with these Terms and Privacy Policy (or as otherwise agreed upon between you and Company in writing).
  18. Registration. Registration is not required to view certain content on the Platform. However, to use some parts of the Platform and Services you may be required to register and provide certain information about yourself, including your e-mail address and password (“Credentials”). If you become a registered member of the Platform, you accept responsibility for all activities that occur under your registration account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for maintaining the confidentiality of your Credentials. If you believe someone has accessed the Platform using your Credentials without your authorization, e-mail us immediately atConcierge@ChooseSerenity.com.
  19. Social Media and Third Party Websites. Company may provide you opportunities to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, Google+, or other similar sites (collectively, “Social Media Sites”). Company may also provide you opportunities to participate in online communities on such Social Media Sites and may host discussion boards, chats, and other forums on this Platform. For example, you may use your Instagram handle and tag your photos and postings (“Tagged Content”) with hashtags that we may provide from time to time in order to submit your Tagged Content for potential use on our Platform. If you post Tagged Content with hashtags as we may provide from time to time, your activity and participation is governed by these Terms. Additionally, you remain responsible for your compliance with other applicable terms such as those of Instagram or other Social Media Sites. Without limitation of any other obligations, you agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission. Company may terminate or restrict your access to the Platform at any time. Company will review Tagged Content and select certain Tagged Content for posting on our Platform; we make no guarantee that your Tagged Content will be posted. Notwithstanding the foregoing, you remain fully responsible and liable for your Tagged Content and its compliance with these Terms, other applicable terms of use and applicable laws. If your Tagged Content is posted to our Platform, you may request removal of your Tagged Content by marking it as “private” in your Social Media Platform account or by emailing us at Concierge@ChooseSerenity.com. Company Platform may contain links to third party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by Company. You agree that you access any such website at your own risk, and that the Platform is not governed by the Terms contained in these Terms.Company expressly disclaims any liability for these websites. Please remember that when you use a link to go from our Platform to another website, Company’s Online Privacy Policy is no longer in effect. 
  20. Monitoring. We have no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the Platform or related websites, if any. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Platform, discussion boards, the chats, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Platform properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests. We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. Company cannot and does not guarantee or warrant that email or files available for downloading from its Platform will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Company does not assume any responsibility or risk for damage to your computer or its files related to your use of the Platform or Services.
  21. Copyright and Trademark. This Platform is owned and operated solely by Company. The entire contents and design of the Platform are protected by U.S. and international copyright law. Company owns all trademarks, trade secrets and other intellectual property rights, in and to the Platform and any related materials and documentation. No title or ownership of the Platform or any portion thereof is transferred to you hereunder. Company reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Platform. All rights regarding the Platform and materials contained on the Platform are either owned by Company, are licensed to it, or are used with permission. Company and its licensors retain and reserve all proprietary rights to the contents of this Platform. You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Company. You may link to, view, download, use, display and print a single copy of the materials found on this Platform only for personal, noncommercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Company or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © 2022 Quantgene, Inc. All rights reserved.” Any other use of the Platform or the information contained here is strictly prohibited. Company may terminate the above license at any time for any reason. If you breach any of these terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this Platform, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control. You may provide input, comments or suggestions regarding the Platform (“Feedback”). You acknowledge and agree that Company may use any Feedback without any obligation to you and you hereby grant Company a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as Company may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion. The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this Platform infringes a valid copyright owned by you, you (or your agent) may send Company a notice requesting that the material be removed, or access to it blocked. This request should be sent toConcierge@ChooseSerenity.com. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Platform should be sent to the email address above. Company names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Company. All rights are reserved. You are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company. All other trademarks appearing on the Platform are the property of their respective owners.
  22. Acknowledgement of Highly Confidential Information.YOU ACKNOWLEDGE AND AGREE THAT, IN PERMITTING YOU TO UTILIZE THE SERVICE, SERENITY IS ENTRUSTING YOU WITH SENSITIVE OR COMPETITIVE CONFIDENTIAL COMPETITIVE INFORMATION REGARDING, REFLECTING OR OTHERWISE RELATING TO SERENITY’S RESEARCH AND DEVELOPMENT, PRODUCT DEVELOPMENT PLANS, AND MARKETING AND OTHER BUSINESS STRATEGIES, INCLUDING ANY AND ALL INTELLECTUAL PROPERTY OF SERENITY (COLLECTIVELY, “CONFIDENTIAL INFORMATION”). YOU AGREE THAT ALL INFORMATION RELATING TO THE SERVICE FURNISHED TO, ACCESSED BY OR OTHERWISE LEARNED BY YOU CONSTITUTES CONFIDENTIAL INFORMATION PURSUANT TO THESE TERMS AND MAY BE USED BY YOU SOLELY TO ACCESS THE SERVICE IN ACCORDANCE WITH THESE TERMS. YOU AGREE THAT YOU WILL NOT USE CONFIDENTIAL INFORMATION IN ANY WAY, FOR YOUR OWN ACCOUNT OR THE ACCOUNT OF ANY THIRD PARTY. YOU AGREE NOT TO DISCLOSE ANY CONFIDENTIAL INFORMATION TO ANY OTHER PERSON OR ENTITY WITHOUT SERENITY’S PRIOR WRITTEN APPROVAL. YOU AGREE TO INFORM SERENITY PROMPTLY OF ANY ACTUAL OR SUSPECTED UNAUTHORIZED DISCLOSURE OR USE OF CONFIDENTIAL INFORMATION IN VIOLATION OF THESE TERMS OF USE. SERENITY RESERVES ALL RIGHTS TO TAKE ANY AND ALL LEGAL ACTION PERMITTED UNDER STATE AND/OR FEDERAL LAW SHOULD YOU INAPPROPRIATELY USE CONFIDENTIAL INFORMATION IN ANY WAY THAT IS NOT IN ACCORDANCE WITH THESE TERMS OF USE.  
  23. Representation and Warranties. You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of this Platform will be in compliance with these Terms; (c) the information you have provided to Company in your registration is accurate and complete, (d) you will comply with any and all laws applicable to your use of the Platform, (e) you will not interfere with a third party's use and enjoyment of the Platform, (f) you will not interfere with or disrupt Company’s or its vendors’ security measures, (g) if any information you provide to Company becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Company.
  24. No Warranties. USE OF THIS PLATFORM IS AT YOUR OWN RISK AND CONTENT ON THE PLATFORM IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND SERVICES 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, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THIS PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ANY AFFILIATED COMPANY ENTITY, THEIR PROCESSORS, PROVIDERS, LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) (COLLECTIVELY “COMPANY PARTIES”) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE, COMPLETE OR CORRECT; THAT THIS PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THIS PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS PLATFORM IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
  25. Indemnity. BY VISITING THIS PLATFORM, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, AND COMPANY PARTIES FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED COMPANY OF THE POSSIBILITY OF SUCH CLAIM.
  26. Limitation of Liability and Damages. THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM AND ANY OF ITS SERVICES IS TO STOP USING THE PLATFORM OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF COMPANY PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS PLATFORM OR THE MATERIALS ON THIS PLATFORM. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
  27. Disputes. If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact us at Concierge@ChooseSerenity.com with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and Company, including Company Parties, are defined for the purposes of these Terms to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Company including, but not limited to, any claims relating in any way to these Terms (including its breach, termination, or interpretation), any other aspect of our relationship, Company advertising, and any use of Company services. Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues on any other website, including those that have a link on our Platform, is subject to that website’s own rules and policies. You and Company agree to arbitrate all Disputes. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS THESE TERMS WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST COMPANY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by ADR Services, Inc. or any other neutral service agreed to by the parties according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Los Angeles, California, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Company will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Company also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.
  28. Jurisdiction. Jurisdiction Information provided on Company’s Platform is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction. This Platform is a service provided by Company and does not constitute any contact with any jurisdiction outside the State of California. Use of this Platform is prohibited in any jurisdiction having laws that would void these Terms in whole or essential part or which makes accessing the Platform illegal. Users in such jurisdictions visit and use this Platform entirely at their own risk.Note: the essential parts of these Terms include, without limitation, the exclusive remedy provisions and the warranty disclaimers. These Terms are entered into and performed in the State of California, United States of America. It is governed by and shall be construed under the laws of California, exclusive of any choice of law or conflict of law provisions.
  29. Notice for California Users. If you have a question or complaint regarding the Services provided to you by Company please contact us at Concierge@ChooseSerenity.com to receive further information regarding the Services or to resolve the complaint. You may also contact the Medical Board of California by telephone at (800)633-2322 or in writing at 2005 Evergreen St #1200, Sacramento, CA 95815, and the California Department of Justice, by telephone at (888) 382-1222 or in writing at California Department of Justice; Attn: Public Inquiry Unit; P.O. Box 944255; Sacramento, CA 94244-2550.
  30. Termination; Survival. If you violate these Terms, your ability to use the Platform will be terminated. Company may, in its sole discretion, terminate your access to the Platform, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Company may have available at law. Further, Company shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms by ceasing to access and use the Platform. Upon any termination of these Terms you must immediately cease use of the Platform. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms. All sections of these Terms which, by their nature are designed to survive expiration or termination of these Terms, including but not limited to indemnity and limitation of liability clauses, shall survive.
  31. General. Waiver. No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.Notices. You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.Severability. If any of the provisions of these Terms are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of these Terms to retain its full force and effect.Entire Agreement; Amendment. These Terms constitutes the entire agreement between you and Company applicable to its subject matter. It may not be modified except as described elsewhere in these Terms.Conflicting Terms. Anything on the Platform inconsistent or in conflict with these Terms is superseded by these Terms.Assignment. You may not assign any rights or obligations under these Terms without Company’s prior written consent. Company may assign all or part of these Terms