Terms & Conditions for AKTW Services
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.
AK Twisted Wellness’s services facilitate communication with healthcare providers but do not substitute for a physician relationship. They may not be suitable for all conditions, and emergencies should be directed to a doctor or 911. Users must arbitrate disputes individually, waiving the right to court trials or class actions. Users use the services to accept the Terms of Use, Privacy Policy, and applicable laws. Additional terms may apply to certain services. Users who disagree with any Terms of Use should not use the services.
Table of Contents of Terms of Services
- Acceptance of Terms and Conditions
- Your Relationship with Us
- Subscription Products
- Prescription Products
- Limited Use and Availability
- Consent to Use of Telehealth Services
- Duty to Provide Information, Access, and Connectivity
- Privacy Policy
- Protected Information
- Registration: User Accounts, Passwords, and Security
- Digital Millennium Copyright Act Policy.
- Use and Ownership of the Service
- License to Information Submitted via the Service
- Prohibited Use
- Right to Monitor
- Third-Party Goods and Services
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Terms of Sale
Termination - Disclaimers
- Limitation of Liability
- Cancellation policy
- Purchase Policy
- Additional terms & conditions
- Your Privacy
- Feedback
- Liability Disclaimer
- Indemnification
- Modification of these Terms of Service
- Miscellaneous
THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN. The web is an evolving medium. If we need to change the terms of this Agreement in the future, we will post the updated Terms and Conditions through our Platform and update the “Last Updated” date to reflect the date of the changes. By continuing to access or use the Service after we post such changes, you agree to the terms of this Agreement, as modified.
Acceptance of Terms and Conditions
Your access to and use of the Service is subject to this Agreement and all applicable laws and regulations. Suppose you do not accept and agree to be bound by this Agreement. In that case, you are strictly prohibited from visiting, accessing, registering with, and using the Service or any information or Content provided through the Service, except as necessary to review this Agreement. Service is continually under development, and we reserve the right to revise or remove any part of the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is discontinuing your use of the Service.
Your access to and use of the Service is subject to this Agreement and all applicable laws and regulations. Suppose you do not accept and agree to be bound by this Agreement. In that case, you are strictly prohibited from visiting, accessing, registering with, and using the Service or any information or Content provided through the Service, except as necessary to review this Agreement. Service is continually under development, and we reserve the right to revise or remove any part of the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is discontinuing your use of the Service.
Your Relationship with Us
We are a technology company that makes available to individuals who register as users of the Service (“Users”) specific products and services sold or offered by AK Twisted Wellness or third-party medical providers, pharmacies, or other vendors. Our Service provides access to prescription fulfillment services offered by several licensed pharmacies (the “Pharmacies”). We may also provide you with a means of connecting to one or more medical groups that provide healthcare services through the Platform (the “Medical Groups”). These medical groups employ or contract with physicians and allied health professionals who offer certain healthcare services through the Platform (“Providers”). By accepting this Agreement, you acknowledge and agree that any benefits you receive from the Pharmacies, Medical Groups, or Providers through the Platform are also subject to this Agreement and that the Pharmacies, Medical Groups, and Providers are third-party beneficiaries of this Agreement.
We are a technology company that makes available to individuals who register as users of the Service (“Users”) specific products and services sold or offered by AK Twisted Wellness or third-party medical providers, pharmacies, or other vendors. Our Service provides access to prescription fulfillment services offered by several licensed pharmacies (the “Pharmacies”). We may also provide you with a means of connecting to one or more medical groups that provide healthcare services through the Platform (the “Medical Groups”). These medical groups employ or contract with physicians and allied health professionals who offer certain healthcare services through the Platform (“Providers”). By accepting this Agreement, you acknowledge and agree that any benefits you receive from the Pharmacies, Medical Groups, or Providers through the Platform are also subject to this Agreement and that the Pharmacies, Medical Groups, and Providers are third-party beneficiaries of this Agreement.
Concerning the Pharmacies, the Medical Groups, and the Providers, we act solely as a technology platform to connect you with the products and services offered by the Pharmacies, Medical Groups, and Providers through the Service. We do not control or influence the practice of medicine by the Medical Groups or any Providers, each of whom is solely responsible for the medical care and treatment they provide to you. AK Twisted Wellness makes no representations or warranties about the suitability, reliability, timeliness, or accuracy of the medical care and treatment provided by the Medical Groups or any Providers. By accepting this Agreement, you acknowledge and agree that AK Twisted Wellness is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other healthcare provider-patient relationship with AK Twisted Wellness.
By accepting this Agreement, you agree that the Medical Group and Providers may send you messages, reports, and emails regarding your diagnosis and treatment via the Service. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither AK Twisted Wellness nor the Medical Group nor any Provider will be responsible in any way. You will not hold AK Twisted Wellness, 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).
While you are not establishing a doctor-patient or other health care provider-patient relationship with AK Twisted Wellness, by using the Service, you are installing a direct customer relationship with AK Twisted Wellness to use the Platform and to purchase any non-prescription products or non-medical services sold directly to you AK Twisted Wellness through the Platform. In connection with such a 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 by our Privacy Policy. For additional information, please refer to the “Privacy Policy” and the “Protected Information” sections below.
Subscription Products
Certain products available for purchase through the Service require that you purchase the product on a subscription basis. For subscription-based products, your payment device will be automatically charged at regular intervals as described for that product during the checkout process. You may cancel a subscription up to forty-eight (48) hours before your subscription’s applicable monthly processing date by emailing info@aktw.life
Certain products available for purchase through the Service require that you purchase the product on a subscription basis. For subscription-based products, your payment device will be automatically charged at regular intervals as described for that product during the checkout process. You may cancel a subscription up to forty-eight (48) hours before your subscription’s applicable monthly processing date by emailing info@aktw.life
To simplify the user experience on the Platform, you will only see and be required to pay a single “total” subscription price. However, suppose a subscription product you purchase requires a consultation with a Provider and includes a prescription product you fill through one of the Pharmacies. In that case, the total price you pay consists of the amount charged by the Pharmacy for the prescription drug and the amount charged by the Medical Group for the services of the Provider, as well as the amount we charge for the use of and access to the Platform. We collect the amounts charged by the Pharmacies and the Medical Groups on behalf of the Pharmacies and Medical Groups and pass the applicable cuts through to them.
Prescription Products
Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You can only obtain a prescription product if you have completed a consultation with one of the Providers through the Platform, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.
Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You can only obtain a prescription product if you have completed a consultation with one of the Providers through the Platform, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.
Suppose a Provider determines a prescription product is appropriate for you and writes you a prescription. In that case, you may fill it through one of the Pharmacies by using the Platform or fill the prescription at any pharmacy of your choice as prompted during your use of the Service or by emailing info@aktw.life. Prescriptions fulfilled by the Pharmacies do not use child-resistant packaging, and prescription products will not be dispensed in child-resistant containers.
Limited Use and Availability
Our Service is currently only available to individuals who are in states in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement. By visiting, accessing, registering with, or using the Service, you are (a) representing and warranting to us that you satisfy all of these eligibility requirements, (b) agreeing to comply with all applicable laws in visiting, accessing, registering with our using the Service, and (c) agreeing that you will only use the Service for lawful purposes. Our Service is subject to state regulations and may occasionally change due to changes in applicable regulatory requirements.
Our Service is currently only available to individuals who are in states in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement. By visiting, accessing, registering with, or using the Service, you are (a) representing and warranting to us that you satisfy all of these eligibility requirements, (b) agreeing to comply with all applicable laws in visiting, accessing, registering with our using the Service, and (c) agreeing that you will only use the Service for lawful purposes. Our Service is subject to state regulations and may occasionally change due to changes in applicable regulatory requirements.
Certain products available through the Service are subject to additional age restrictions, and not all products or services on our Platform are open to all ages.
Consent to Use of Telehealth Services
Telehealth involves delivering healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient not in the exact physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. Telehealth services are only a substitute for in-person health care in some cases. To use the Service, you will be required to review and agree to informed consent regarding the use of telehealth (the “Patient Consent”) provided to you by the Medical Groups and Providers through the Platform. You agree that AK Twisted Wellness is a third-party beneficiary of the Patient’s Consent and has the right to enforce it against you.
Telehealth involves delivering healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient not in the exact physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. Telehealth services are only a substitute for in-person health care in some cases. To use the Service, you will be required to review and agree to informed consent regarding the use of telehealth (the “Patient Consent”) provided to you by the Medical Groups and Providers through the Platform. You agree that AK Twisted Wellness is a third-party beneficiary of the Patient’s Consent and has the right to enforce it against you.
Sometimes, the Service may not be the most appropriate way for you to provide information to, communicate with, or seek medical care and treatment from a healthcare provider. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and treatment need an in-person office visit or are otherwise not appropriately addressed through the Service. In such a case, you may receive a notification stating that you cannot use the Service for the issue you submitted and providing additional information regarding the next steps.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER BEFORE DECIDING TO START, ALTER, OR DISCONTINUE ANY COURSE OF CLINICAL TREATMENT OR THERAPY OR FOR ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION, YOUR DIET, OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. DO NOT USE THE SERVICE AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER, AND DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION RECEIVED IN CONNECTION WITH OUR SERVICE.
Duty to Provide Information, Access, and Connectivity
You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described in the Service) to enable the use of the Service, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees incurred when accessing the Service, including Internet connection or mobile payments. You also must provide truthful, accurate, and complete information in any forms or other communications you submit to or through the Service. We reserve the right to change the access configuration without prior notice, including any software, hardware, or other Service requirements.
You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described in the Service) to enable the use of the Service, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees incurred when accessing the Service, including Internet connection or mobile payments. You also must provide truthful, accurate, and complete information in any forms or other communications you submit to or through the Service. We reserve the right to change the access configuration without prior notice, including any software, hardware, or other Service requirements.
Privacy Policy
AK Twisted Wellness understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy to describe how we may collect, use, and disclose your personal information.
AK Twisted Wellness understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy to describe how we may collect, use, and disclose your personal information.
Protected Information
When you set up an account with AK Twisted Wellness, you are creating a direct customer relationship with AK Twisted Wellness that enables you to access and utilize the various functions of the Service as a user. As part of that relationship, you provide information to AK Twisted Wellness, including but not limited to your name, email address, shipping address, and phone number, that we may collect, use, and disclose by our Privacy Policy and that we do not consider to be “health” or “medical” information.
When you set up an account with AK Twisted Wellness, you are creating a direct customer relationship with AK Twisted Wellness that enables you to access and utilize the various functions of the Service as a user. As part of that relationship, you provide information to AK Twisted Wellness, including but not limited to your name, email address, shipping address, and phone number, that we may collect, use, and disclose by our Privacy Policy and that we do not consider to be “health” or “medical” information.
However, in using certain Service components, you may also provide specific medical information that may be protected under applicable laws. AK Twisted Wellness is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). One or more of the Pharmacies or Medical Groups may or may not be a “covered entity” or “business associate” under HIPAA, and AK Twisted Wellness may, in some cases, be a “business associate” of a Pharmacy or Medical Group. It is important to remember that while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because health information is involved. HIPAA may not apply to your transactions or communications with AK Twisted Wellness, the Medical Groups, the Providers, or the Pharmacies. To the extent, AK Twisted Wellness is deemed a “business associate,” however, and solely in its role as a business associate, AK Twisted Wellness may be subject to specific provisions of HIPAA concerning “protected health information,” as defined under HIPAA, that you provide to the Medical Group (“PHI”). In addition, any medical or health information you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”) will be used and disclosed only per such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified by HIPAA.
Medical Groups and Providers have adopted Medical Group Privacy Practices that describe how they use and disclose Protected Information. By accessing or using any part of the Service, you acknowledge receipt of the Medical Group Privacy Practices from your Medical Group and Provider(s).
By using the Service, you agree that even if HIPAA does apply to AK Twisted Wellness, the Medical Groups, the Providers, or the Pharmacies, any information that you submit to AK Twisted Wellness that is not intended and used solely for the provision of diagnosis and treatment by the Medical Group and Providers or prescription fulfillment by the Pharmacies, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.
Registration: User Accounts, Passwords, and Security
You must register and set up an account in the Platform to access the Service. The Service is available only to registered Users who have been granted funds with usernames and passwords. You agree to accurately maintain and update any information about yourself that you have provided to AK Twisted Wellness, the Medical Group or its Providers, or the Pharmacies. Suppose you do not keep such information current or fail to submit truthful, accurate, and complete information, or we have reasonable grounds to suspect as much. In that case, we have the right to suspend or terminate your account and use of the Service. You also agree to immediately notify AK Twisted Wellness of any unauthorized use of your username, password, or any other security breach you become aware of involving or relating to the Service by emailing AK Twisted Wellness at info@aktw.life. In addition, you agree to keep your username and password confidential and exit from your user account at the end of each session. AK Twisted Wellness disclaims liability for any losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.
You must register and set up an account in the Platform to access the Service. The Service is available only to registered Users who have been granted funds with usernames and passwords. You agree to accurately maintain and update any information about yourself that you have provided to AK Twisted Wellness, the Medical Group or its Providers, or the Pharmacies. Suppose you do not keep such information current or fail to submit truthful, accurate, and complete information, or we have reasonable grounds to suspect as much. In that case, we have the right to suspend or terminate your account and use of the Service. You also agree to immediately notify AK Twisted Wellness of any unauthorized use of your username, password, or any other security breach you become aware of involving or relating to the Service by emailing AK Twisted Wellness at info@aktw.life. In addition, you agree to keep your username and password confidential and exit from your user account at the end of each session. AK Twisted Wellness disclaims liability for any losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.
When establishing an account, you must provide a username and password to be used as your login. To help protect the privacy of data you transmit through the Service, where personally identifiable information is requested, we also use technology designed to encrypt the information you input before sending it to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, we take steps to protect the User data we collect against unauthorized access. However, it would be best if you kept in mind that the Service and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the Service and information about you, including medical information, contained in the Service. You are responsible for affirmatively logging out from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone, and other devices and to protect the confidentiality of your username and password.
It would be best to exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating or attempting to violate the Service’s security. Any such violations may result in criminal and civil penalties against you. AK Twisted Wellness may investigate any alleged or suspected violations, and if a criminal offense is suspected, AK Twisted Wellness may cooperate with law enforcement agencies in their investigations.
Digital Millennium Copyright Act Policy
The Digital Millennium Copyright Act of 1998 (“DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. In addition, 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 statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to info@aktw.life.
The Digital Millennium Copyright Act of 1998 (“DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. In addition, 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 statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to info@aktw.life.
Use and Ownership of the Service
Service and the information and Content available through the Service are protected by copyright laws worldwide. Subject to your compliance with this Agreement, AK Twisted Wellness grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal use. Unless otherwise specified, AK Twisted Wellness is a separate privilege; your right to use any Service or the Content is subject to this Agreement. AK Twisted Wellness reserves all rights to the Service and Content. You agree that AK Twisted Wellness and its suppliers own all rights, titles, and interest in the Service (including but not limited to any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service. AK Twisted Wellness’ stylized name and other related graphics, logos, service marks, and trade names used on or in connection with the Service are the trademarks of AK Twisted Wellness. They may not be used without permission, including in connection with third-party products or services. Other trademarks, service marks, and trade names that may appear on or in the Service are the property of their respective owners.
Service and the information and Content available through the Service are protected by copyright laws worldwide. Subject to your compliance with this Agreement, AK Twisted Wellness grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal use. Unless otherwise specified, AK Twisted Wellness is a separate privilege; your right to use any Service or the Content is subject to this Agreement. AK Twisted Wellness reserves all rights to the Service and Content. You agree that AK Twisted Wellness and its suppliers own all rights, titles, and interest in the Service (including but not limited to any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service. AK Twisted Wellness’ stylized name and other related graphics, logos, service marks, and trade names used on or in connection with the Service are the trademarks of AK Twisted Wellness. They may not be used without permission, including in connection with third-party products or services. Other trademarks, service marks, and trade names that may appear on or in the Service are the property of their respective owners.
License to Information Submitted via the Service
Subject to any limitations on PHI described below, any information you transmit to AK Twisted Wellness via the Service, whether by direct entry, submission, email, or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. Subject to any useful account settings that you select, you grant AK Twisted Wellness a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Submissions (in whole or in part) to operate and provide the Service to you and our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Submissions has completely and effectively waived all such rights and validly and irrevocably granted you the freedom to grant the license stated above. You agree that you, not AK Twisted Wellness, are responsible for all the Submissions you provide to the Service. In addition to the preceding, AK Twisted Wellness shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that AK Twisted Wellness deems necessary or desirable, and you irrevocably waive any so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval or claim to compensation in connection with the Submission.
Subject to any limitations on PHI described below, any information you transmit to AK Twisted Wellness via the Service, whether by direct entry, submission, email, or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. Subject to any useful account settings that you select, you grant AK Twisted Wellness a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Submissions (in whole or in part) to operate and provide the Service to you and our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Submissions has completely and effectively waived all such rights and validly and irrevocably granted you the freedom to grant the license stated above. You agree that you, not AK Twisted Wellness, are responsible for all the Submissions you provide to the Service. In addition to the preceding, AK Twisted Wellness shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that AK Twisted Wellness deems necessary or desirable, and you irrevocably waive any so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval or claim to compensation in connection with the Submission.
Prohibited Use
Any use or attempted use of the Service (i) for any unlawful, unauthorized, fraudulent, or malicious purpose, (ii) that could damage, disable, overburden, or impair any server or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended AK Twisted Wellness to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by AK Twisted Wellness, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or (viii) for any use other than the business purpose for which it was intended, is prohibited.
Any use or attempted use of the Service (i) for any unlawful, unauthorized, fraudulent, or malicious purpose, (ii) that could damage, disable, overburden, or impair any server or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended AK Twisted Wellness to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by AK Twisted Wellness, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or (viii) for any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Service, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any AK Twisted Wellness representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute or reproduce any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities.
AK Twisted Wellness reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the preceding, including, without limitation, suspending or terminating a user’s access and account. AK Twisted Wellness may cooperate with legal authorities and third parties to investigate any suspected or alleged crime or civil wrong.
Except as may be provided in the Privacy Policy or prohibited by applicable law, AK Twisted Wellness always reserves the right to disclose any information as AK Twisted Wellness deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AK Twisted Wellness’s sole discretion.
Right to Monitor
AK Twisted Wellness reserves the right to monitor the general use of the Service at any time as it deems appropriate and to remove any materials that, in AK Twisted Wellness’ sole discretion, may be illegal, may subject AK Twisted Wellness to liability, may violate this Agreement, or are, in the sole discretion of AK Twisted Wellness, inconsistent with AK Twisted Wellness’s purpose for the Service.
AK Twisted Wellness reserves the right to monitor the general use of the Service at any time as it deems appropriate and to remove any materials that, in AK Twisted Wellness’ sole discretion, may be illegal, may subject AK Twisted Wellness to liability, may violate this Agreement, or are, in the sole discretion of AK Twisted Wellness, inconsistent with AK Twisted Wellness’s purpose for the Service.
Third-Party Goods and Services
Parties other than AK Twisted Wellness, including Pharmacies, Medical Groups, and Providers (collectively, “Third Parties”), provide services or sell products through the Service. AK Twisted Wellness may also make available to you for purchase certain services, devices, items, or products manufactured, distributed, or sold by Third Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and Services and any interactions with Third Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such use or exchanges, are solely between you and Third Parties. It would be best if you made whatever investigation, you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for and shall exercise caution, discretion, common sense, and judgment in using the Service and disclosing personal information.
Parties other than AK Twisted Wellness, including Pharmacies, Medical Groups, and Providers (collectively, “Third Parties”), provide services or sell products through the Service. AK Twisted Wellness may also make available to you for purchase certain services, devices, items, or products manufactured, distributed, or sold by Third Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and Services and any interactions with Third Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such use or exchanges, are solely between you and Third Parties. It would be best if you made whatever investigation, you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for and shall exercise caution, discretion, common sense, and judgment in using the Service and disclosing personal information.
You agree that AK Twisted Wellness is not responsible or liable for any loss or damage incurred due to your use of the Platform, Third-Party Goods and Services, or interactions with any Third Parties. In the event of any dispute between you and any party, any other User, or any other entity or individual, you understand and agree that AK Twisted Wellness is under no obligation to become involved in such dispute. You, at this moment, release and indemnify AK Twisted Wellness, its affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “AK Twisted Wellness Parties”) from any claims, demands, and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Certain of AK Twisted Wellness’s shareholders, directors, officers, employees, contractors, or agents (collectively, “AK Twisted Wellness Owners and Personnel”) may have a financial interest in one or more Third Parties and may profit from your use of the Third Parties and the sale of Third-Party Goods and Services to you.
Terms of Sale
All products offered for sale by AK Twisted Wellness are subject to availability. We reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Product prices are subject to change sometimes, but changes will not affect any demand for products you have already placed. You are responsible for any applicable sales, use, duty, customs, or other governmental taxes, levies, or fees (“Taxes”) due concerning your purchase of products or services through our Service. We will collect applicable Taxes if we determine we must collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
All products offered for sale by AK Twisted Wellness are subject to availability. We reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Product prices are subject to change sometimes, but changes will not affect any demand for products you have already placed. You are responsible for any applicable sales, use, duty, customs, or other governmental taxes, levies, or fees (“Taxes”) due concerning your purchase of products or services through our Service. We will collect applicable Taxes if we determine we must collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your selected payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes, and other applicable charges associated with the products included in the shipment. In connection with any purchases you make through the service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number, and your email address. By submitting such information, you grant AK Twisted Wellness without charge the irrevocable, unencumbered, universe-wide, and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) to facilitate the transaction.
All credit card, debit card, and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Service. This online payment processing application(s) is provided by AK Twisted Wellness’ third-party online payment processing vendor, Stripe and or Square and or Square (“Stripe and or Square”). Additional information about Stripe and Square, its privacy policy, and its information security measures (collectively, the “Stripe and or Square Policies”) should be available on Stripe and or Square’s website at or by contacting Stipe directly. Reference is made to the Stripe and or Square Policies for informational purposes only and is not incorporated into or made a part of this Privacy Policy. AK Twisted Wellness’s relationship with Stripe And or Square, if any, is merely contractual, as Stripe And or Square nothing more than a third-party vendor to AK Twisted Wellness and is in no way subject to AK Twisted Wellness’ direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
You agree to pay any shipping and handling charges, if any, shown when you make a purchase. We reserve the right to occasionally increase, decrease, add, or eliminate shipping and handling charges. Still, we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates and not guaranteed. Unless we state otherwise in writing via the Service, the risk of loss or damage to a product passes to you upon delivery to our designated carrier.
We reserve the right to remedy User issues and concerns on a case–by–case basis. We reserve the right, in our sole discretion, to resolve customer issues and problems based on the facts and circumstances of each User.
Termination
AK Twisted Wellness may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if our agreement with the Medical Groups or Pharmacies terminates or if we discontinue the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity, and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with AK Twisted Wellness. You agree that if your use of the Service is terminated under this Agreement, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all AK Twisted Wellness Parties harmless from any liability that any such AK Twisted Wellness Parties may incur concerning it.
AK Twisted Wellness may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if our agreement with the Medical Groups or Pharmacies terminates or if we discontinue the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity, and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with AK Twisted Wellness. You agree that if your use of the Service is terminated under this Agreement, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all AK Twisted Wellness Parties harmless from any liability that any such AK Twisted Wellness Parties may incur concerning it.
Except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to health records), we have no obligation, whether before or after the termination of your use of the Service, to return or otherwise provide to you or any third party on your behalf any Content, any information you provide to us, any information your Providers supplied to us about or relating to you, or any other information that we may have that relates to you.
Disclaimers
AK Twisted Wellness provides content and other information in the Service as a convenience. Users relying on Content or additional information from the Service do so at their own risk.
AK Twisted Wellness provides content and other information in the Service as a convenience. Users relying on Content or additional information from the Service do so at their own risk.
THE SERVICE AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE USER’S SOLE RISK. THE AK Twisted Wellness PARTIES AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE about the SERVICE, AND concerning ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH the SERVICE OR THE PLATFORM. AK Twisted Wellness DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SERVICE. AK Twisted Wellness DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AK Twisted Wellness PARTIES OR ANY THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, AND THE PHARMACIES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED BY ANY HEALTH CARE PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICE (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE HEALTH CARE PROVIDERS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR MALPRACTICE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AK Twisted Wellness HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AK Twisted Wellness PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,00.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AK Twisted Wellness PARTIES OR ANY THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, AND THE PHARMACIES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED BY ANY HEALTH CARE PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICE (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE HEALTH CARE PROVIDERS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR MALPRACTICE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AK Twisted Wellness HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AK Twisted Wellness PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,00.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, SERVICE, OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, SERVICE, OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, SERVICE, OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold the AK Twisted Wellness Parties and any third-party offering products or services through the Service, including the Medical Groups, Providers, and Pharmacies, harmless from and against any suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of these Terms and Conditions or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as reasonably requested.
You agree to defend, indemnify, and hold the AK Twisted Wellness Parties and any third-party offering products or services through the Service, including the Medical Groups, Providers, and Pharmacies, harmless from and against any suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of these Terms and Conditions or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as reasonably requested.
Please note our Cancellation Policy: In case of a no-show or cancel/reschedule your appointment less than 24 hrs. in advance, we charge a $100 fee to the card on file or apply the booking deposits made on the account towards this fee. It’s essential to respect the time of both our patients and staff, and your understanding in this matter is greatly appreciated!
If you arrive at most 15 minutes late for your appointment, you may be required to reschedule to ensure the work of other patients is maintained.
There are no exceptions to these policies.
CANCELLATION POLICY
Please note our Cancellation Policy: In case of a no-show or cancel/reschedule your appointment less than 24 hrs. in advance, we charge a $100 fee to the card on file or apply the booking deposits made on the account towards this fee. It’s essential to respect the time of both our patients and staff, and your understanding in this matter is greatly appreciated!
If you arrive at most 15 minutes late for your appointment, you may be required to reschedule to ensure the work of other patients is maintained.
There are no exceptions to these policies.
TEXT MARKETING
With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.
Purchase Policy
All sales are considered final, but AK Twisted Wellness reserves the right, at its sole discretion, to refund all or part of a sale on a case-by-case basis.
Terms & Conditions:
TERMS AND CONDITIONS OF USE
- INTRODUCTION These Terms and Conditions of Use are an agreement between you (“Customer,” or “you” or “you’re”) and Dr. Kirk Tjalas FNP-BC or authorized staff of AK Twisted Wellness LLC (collectively referred to as “AK Twisted Wellness,” or “we,“ “us” or “our”). By using any of our products and services, you agree that you are at least 18 years old, legally able to enter into a contract, and have read and consented to this agreement. We plan to update this Agreement occasionally, so please check back regularly. All updates are effective immediately when we post them and apply to all access to and use of AK Twisted Wellness’s products or services afterward.
- DESCRIPTION OF AK TWISTED WELLNESS. AK Twisted Wellness. is a medical spa that offers aesthetic services that include but are not limited to laser, injectables, and other cosmetic skin and body treatments.
- VALIDITY OF ELECTRONIC SIGNATURES AK Twisted Wellness. Using electronic signatures in doing business that are valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states. Erasable Inc. does not authenticate users’ signatures or identities.
- PAYMENTS
4.1 Payment. Customers must pay fees according to the payment terms specified when services are ordered.
4.2 Failure to Pay. If the Customer fails to pay, AK Twisted Wellness may, in its sole discretion, terminate, suspend, or restrict the provision of its products and services. We may charge interest at a monthly rate equal to the lesser of 1.5% per month or the maximum rate permitted by applicable law on any overdue fees from the due date until any outstanding amount (plus practical interest) is paid in full.
4.3 Disputes. Suppose Customer believes in good faith that AK Twisted Wellness. has incorrectly billed Customer. In that case, the Customer must contact AK Twisted Wellness. in writing within 30 days of the billing date, specifying the error. Unless Customer has notified AK Twisted Wellness. of the dispute, Customer must reimburse AK Twisted Wellness’s reasonable collection costs (including attorney’s fees). The customer must pay the undisputed portions of AK Twisted Wellness’s invoice as this Agreement requires.
4.4 Taxes. Prices do not include applicable taxes. AK Twisted Wellness will invoice the Customer for any applicable taxes, which the Customer must pay.
4.5 Delivery. AK Twisted Wellness’s products and services are deemed to be delivered and accepted upon payment.
4.6 Refunds. All sales are considered final, but AK Twisted Wellness reserves the right, at its sole discretion, to refund all or part of a sale on a case-by-case basis.
4.7 Other Promotions. We may run promotional offers from time to time, the terms of which are promoted on our website or in emails. Promotions may not be combined. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point.
- YOUR RELATIONSHIP WITH AK TWISTED WELLNESS. AK Twisted Wellness is a medical spa designed to offer a variety of elective cosmetic procedures, and customers engage AK Twisted Wellness’s products and services by choice. Products and services require customer disclosure of potentially harmful medical issues. Failure to disclose potentially dangerous medical problems can result in unwanted side effects that you agree AK Twisted Wellness shall not be held liable for.
- YOUR PRIVACY Protecting your privacy is very important to us. Please review our Privacy Policy, which explains how AK Twisted Wellness treats your personal information and protects your privacy.
- FEEDBACK We may provide you with a mechanism to provide feedback, suggestions, and ideas on our products and services. You grant us the irrevocable right to use your input and incorporate your suggestions into our products and services without any obligation to provide attribution or compensation to you or any third party.
- LIABILITY DISCLAIMER
I understand this waiver and have been fully informed of all AK Twisted Wellness terms and conditions, benefits, and limitations. I certify that I have disclosed all medical conditions that might affect my treatments and previous products and services and their side effects, if any. AK Twisted Wellness disclaims liability for any loss, injury, claim, or damage related to your use of its products and services, including, without limitation, those resulting from errors or omissions, a site or application being down, data loss, and unsatisfactory aesthetic outcomes. AK Twisted Wellness will not be liable to you for any indirect, incidental, consequential, reliance, or special damages, including damages arising from any court action or legal dispute. In no event shall the aggregate liability of AK Twisted Wellness, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of AK Twisted Wellness’s products or services, exceed any compensation paid by you for treatment by AK Twisted Wellness during the three months before the date of any claim. During my treatment, I release my providers from any injury or complication resulting from undiagnosed medical conditions. I assume all responsibility for updating changes in physical and mental illness.
- INDEMNIFICATION You will indemnify and hold harmless AK Twisted Wellness and its officers, agents, employees, representatives, and assigns from any costs, damages, expenses, and liability caused by your use of any of AK Twisted Wellness’s products and services or your violation of these Terms of Service.
- MODIFICATION OF THESE TERMS OF SERVICE: We reserve the right to modify these Terms of Service. You agree that using AK Twisted Wellness’s products and services after a modification will be treated as acceptance of the modified Terms of Service.
- CONTACT US By email: info@aktw.life
- MISCELLANEOUS
12.1 Choice of Law, Jurisdiction & Venue. You agree that any disputes with AK Twisted Wellness. Arising from or connected to your products and services at AK Twisted Wellness will be governed by the laws of the state of Arizona, that Arizona courts will have exclusive jurisdiction over any such disputes, and Arizona will serve as the venue.
12.2 Headings for Convenience Only. The headings of sections and sub-sections in this Agreement are for convenience only and are not intended to affect the meaning of the Agreement.
12.3 Entire Agreement. This Agreement, along with invoices, sales orders, or other purchase-related communication, is the entire agreement between you and AK Twisted Wellness. It concerns your use of AK Twisted Wellness and its products and services. We reserve any rights not expressly granted here.
12.4 non-Waiver. No waiver by the Company of any term or condition outlined in this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
12.5 Severability. Suppose a court or other tribunal of competent jurisdiction holds any provision of these Terms of Service as invalid, illegal, or unenforceable for any reason. In that case, such provision shall be eliminated or limited to the minimum extent such that the remaining conditions of these Terms of Service will continue in full force and effect.
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