Terms & Conditions

Disclaimer

These holistic practitioners work in partnership with their clients and encourage a holistic approach to wellness. Note that alternative health services are offered by a diverse array of practitioners, whose work may or may not be authorized within your state, and if allowed, may be subject to varying state licensing requirements. These emerging professions offer credentials which represent a wide range of educational quality and recognition. Panthera Academy does not make value judgments about these practitioners’ training or credentials, and while each has submitted a signed application attesting to his/her training, Panthera Academy does not verify their training or legal authorization to practice. In listing these practitioners/guides, Panthera Academy does not endorse, warrant, or in any way guarantee the quality, effectiveness or safety of their work. PLEASE NOTE: It is your responsibility to verify that a practitioner’s licensing, training, experience and level of expertise are appropriate for your specific needs.

Welcome! We’re Panthera Academy (“Panthera Academy ”).

Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully because they govern your use of our Site and our services accessible via our Site and our App (“App”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”

Agreement to Terms

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR “I ACCEPT” BUTTON, OR ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. ADDITIONALLY YOU AGREE THAT ALL INFORMATION SUBMITTED BY YOU IS TRUE AND ACCURATE.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site, via the App or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or via the App, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Our Services and Your Responsibility

Panthera Academy provides a platform for communication between customers and their providers for limited purposes.

Eligibility

You may only use the Services if you are a customer of a provider. You must also (i) be over the age of 18, unless, if you are under the age of 18, your parent or legal guardian has provided your provider with a written document in a form provided by your provider granting you permission to use the Services; (ii) be a resident of the same State as your provider; (iii) have a doctor-customer relationship with the provider who registered you for the Services; and (iv) are not barred from using the Services under applicable law.

Any access to or use of the Services by anyone under 18 without the written consent of a parent or legal guardian in a form provided by your provider is expressly prohibited.

Registration and Your Information

If you want to use the Services as a customer you’ll need to have an account (“customer Account”). To have a customer Account, you must first be authorized to access the Services by your provider. If your provider authorizes your use of the Services, your provider will receive an access code from Panthera Academy which will allow your provider to create a customer Account for you. It’s important that you provide your provider with accurate, complete and up-to-date information for your customer Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. You agree that you won’t disclose your customer Account password to anyone and you’ll notify us immediately of any unauthorized use of your customer Account. You’re responsible for all activities that occur under your customer Account, whether or not you know about them.

Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; (ii) “Panthera Academy Content” means Content that Panthera Academy makes available through the Services, including any Content licensed from a third party, but excluding customer Content and provider Content; (iii) “customer Content” means any Content that customer Account holders (including you) provide to be made available through the Services, including but not limited to responses to provider questions or requests for information; and (iv) “provider Content” means Content that a provider uploads, publishes, submits or transmits to be made available through the Services including but not limited to correspondence from your provider, such as any questions or requests for information. Content includes without limitation Panthera Academy Content, customer Content and provider Content.

Content Ownership, Responsibility and Removal

Panthera Academy does not claim any ownership rights in any customer Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your customer Content. Subject to the foregoing, Panthera Academy and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in Content Granted by Panthera Academy

Subject to your compliance with these Terms, Panthera Academy grants you a limited, non-exclusive, non-transferable, non-sublicensable license solely in connection with your permitted use of the Services to view, download and use the Content solely for your personal and non-commercial purposes.

Rights in customer Content Granted by You

By signing up to Panthera Academy, you grant Panthera Academy permission to coordinate and manage bookings between you and your provider. You also grant Panthera Academy access to data required to perform the job of coordinating and managing bookings including your first name + last initial, phone number, email, appointment date, time, and provider name. This information is only used to coordinate bookings. Panthera Academy has permission to share this information with your provider.

You and your provider control who has access to your individually identifiable health information.

Except as provided in this Privacy Policy and the customer Terms of Service, we will not use or disclose your PHI to third parties.

We may use individually identifiable information that you submit as part of the Services to create de-identified information (i.e., information that does not identify you), and we may use or disclose de-identified information without restriction. You transfer and assign to us all right, title and interest in and to all such de-identified information, and you agree that we may use, disclose, market, license and sell such de-Identified information for any purpose without restriction, and that you have no interest in such de-identified information, or in the proceeds of any sale, license, or other commercialization thereof. We use IP addresses to analyze trends, administer the site and gather broad demographic information for aggregate use. IP addresses are not linked to individually identifiable information. We do not link IP addresses and device identifiers to PII or PHI.

Payment

There is no charge to register with us or download the App on your mobile device. You are charged only when you actually use the Services to schedule a consultation with a provider. Each provider sets his or own fees for his or her time and services, but your payment to them includes a portion that is retained by us for our administrative Services in connection with the App. We reserve the right to introduce a fee in the future for downloading the App as registering with us. If we decide to introduce such a fee, we will inform you accordingly and allow you to either continue or terminate your account.

We use a third-party payment processor (the “Payment Processor”) to link us to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the App will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor or your credit card issuer. In connection with your use of the Services (and specifically in connection with your scheduling of a telephonic or in-person consultation with a health care professional), Panthera Academy will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy.

At present we do not process any insurance claims, nor will the providers process claims on your behalf. Although the consultations/treatments you receive from providers through the App may or may not be covered by your insurance, it is solely up to you to contact your health plan, determine whether coverage applies and submit a claim. You are responsible for the full fee (and for paying the fee in advance) regardless of whether you later are able to receive reimbursement from your health plan for part or all of the cost.

Modifying or Deleting Your customer Content.

Because certain of your customer Content, including your individually identifiable health information, becomes part of your provider’s health record about you, you cannot delete it. If you want us to modify or delete your customer Content, please contact your provider with your request. We’ll work with your provider, and, if appropriate, we’ll take steps to deactivate your customer Account and to modify or delete your information as soon as we can in consultation with your provider, but please note that some information may remain in archived/backup copies for our records or as otherwise required by law. In addition, your provider may still retain copies of this information as part of your medical records. To obtain a copy of your medical records, please contact your provider directly. For more information on how your information may be used, please see our Privacy Policy.

Use of the App

Subject to your compliance with these Terms, Panthera Academy grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Panthera Academy reserves all rights in and to the App not expressly granted to you under these Terms.

General Prohibitions and Enforcement Rights

You agree not to do any of the following:

Use the Services in any way, or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

Use, display, mirror or frame the Services or any individual element within the Services, Panthera Academy ’ name, any Panthera Academy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Panthera Academy ’ express written consent;

Access, tamper with, or use non-public areas of the Services, Panthera Academy ’ computer systems, or the technical delivery systems of Panthera Academy ’ providers;

Attempt to probe, scan or test the vulnerability of any Panthera Academy system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Panthera Academy or any of Panthera Academy ’ providers or any other third party (including another user) to protect the Services or Content;

Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Panthera Academy or other generally available third-party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing a Panthera Academy trademark, logo URL or product name without Panthera Academy ’ express written consent;

Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation;

Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

DMCA/Copyright Policy

Panthera Academy respects copyright law and expects its users to do the same. It is Panthera Academy ’ policy to terminate in appropriate circumstances customer Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Links to Third Party Websites or Resources

The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your customer Account at any time by sending an email to us at hi@Panthera Academyhealth.com. Upon any termination, discontinuation or cancellation of Services or your customer Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

Panthera Academy MAKES NO WARRANTY THAT YOUR provider WILL SEE AND/OR RESPOND TO YOUR customer CONTENT WITHIN A TIMELY MANNER OR AT ALL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Panthera Academy OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

We do not control, supply, warrant or guarantee any information, products, services or merchandise supplied by any of the health care providers that you may connect with via the Services.

We also do not warrant or guarantee that files that may be available for downloading through the Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.

Indemnity

You will indemnify and hold harmless Panthera Academy and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your customer Content, or (iii) your violation of these Terms.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU AND/OR THE provider WHO AUTHORIZED YOUR ACCESS TO THE SERVICES. NEITHER Panthera Academy NOR ANY OTHER party involved in creating, producing, or delivering the services OR CONTENT will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising ouT of or in connection with thESE TERMS or from the use OF or inability to use the ServiceS or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not Panthera Academy has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

In no event will Panthera Academy’s’ total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the ServiceS or content EXCEED ONE HUNDRED DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Panthera Academy AND YOU.

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and Panthera Academy agree that any dispute, controversy or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content will be settled by final and binding arbitration, except that each party retains the right to (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Panthera Academy otherwise agree, the arbitration will be conducted in in San Francisco, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Panthera Academy submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable.

Fees

The arbitrator’s fees will be shared equally between you and Panthera Academy and each of you and Panthera Academy will bear its own costs and attorneys’ fees.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Panthera Academy and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Panthera Academy and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Panthera Academy ’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Panthera Academy may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

This Agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this Agreement and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are available through the Services. In the event of any conflict between any such third-party terms and conditions and this Agreement, this Agreement will govern. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to any conflicts of law provisions contained therein.

Any notices or other communications provided by Panthera Academy under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Panthera Academy ’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Panthera Academy . Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services, please contact Panthera Academy info@panthera.mc