Introduction
Welcome to Advarise Health, virtually located at advarisehealth.com, and any mobile application or platform associated with this website, and any information stored therein as well as any products and services offered through any of the foregoing (collectively,"Website"), are owned and operated by Advarise Health LLC. Our website supply information, education, and other services and products to a user of the Website (“you” or “Customer”). These Terms and Conditions ("Terms") govern your use of our Services, website, and any related applications
(collectively, the "Services"). By accessing or using our Services, you agree to comply with these
Terms. If you do not agree to these Terms, please do not use our services.
 

Use of Services

 

• Eligibility: You must be at least 18 years (legal age to form a binding contract (in many places, states, cities) old to use our Services. If you are between 13-17 years of age, you must get your parent or guardian to read these terms, before you use our Website or
  provide any information to us; in such case, “you” or “Customer” includes (i) the parent or legal guardian who provides consent to the use of the Website by such minor or uses our service and products on behalf of such minor, and (ii) the minor for whom consent is being provided or on whose behalf the services or products are being utilized. By using our Services, you represent and warrant that you meet this eligibility requirement. You are solely responsible for knowing and understanding your local laws concerning
  standards of content legality.   The Company may, in its sole discretion, refuse to accept your registration due to noncompliance with any eligibility requirement.

• Account Registration: Certain features of our Services may require you to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and
  completely legal.

• Customer Account: You are not obligated to register with us in order to review info on the Website.  Nonetheless, certain services of the Website are available only to customers who have registered with us or certain other persons affiliated with us, who have been granted accounts (“Customer Accounts”) with usernames and passwords. You represent and warrant that all required registration information you submit regarding your Customer Account is truthful and accurate, and that you will maintain the accurateness of such information (including email). You may delete your Customer Account at any time, for any reason, by following the instructions on the Website.  Company may terminate your Customer Account in accordance with these Terms of Use. You are responsible for maintaining the confidentiality of your Customer Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Advarise Health of any unauthorized use, or suspected unauthorized use of your Customer Account or other breach of security.  Company is not accountable for any loss or damage derived from your failure to comply with the above requirements regarding your Customer Account.

• Account Hold: If Company believes that any funds were received under suspicious circumstances or that funds were derived from a suspect account, Company will continue to investigate the situation until an adequate resolution has been reached, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. Company will make commercially reasonable efforts not to exceed a ninety-day (90) hold on your account as we and/or a third-party investigate.

• Privacy Policy: Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference and is also available as a separate form.

• No Guarantee or Warranty: We expressly disclaim any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Website or through us or through anyone using the Website or trained by us. We are not liable for any unfair business practices by third parties.

• We have used reasonable efforts in collecting, preparing, and providing quality information and material but make no guarantee about the accuracy, 100% effectiveness of medication therapy, or adequacy of the Website Content. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations of any kind, whether express or implied, or statutory, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non- infringement. If you are dissatisfied or harmed by anything relating to the Website, you may leave the Website and this will be your sole and exclusive remedy.  We make no
  warranty that the Website will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.  If applicable law requires any warranties regarding the Website, we limit all such warranties to thirty (30) days from the date of first use.  Some jurisdictions do not allow exclusion of implied warranties or limitations on their duration so the foregoing sentence may not apply to use.

• We do not guarantee that any person’s use of the Website is the appropriate course of treatment for any individual’s particular health care problem. Communications on or through the Website do not create client-professional relationships and are not the subject
  of any associated privileges or confidentiality protections.

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Healthcare Services

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• Medical Advice Disclaimer: The information provided through our website is for general informational purposes only and is not intended as medical advice. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.

• No Doctor-Patient Relationship: Your use of our Services does not create a doctor-patient relationship between you and APRN Darly Micourt or any of our healthcare professionals. If there shall be outside of clinic hours meeting or facility, it shall be strictly conducted for consultation of healthcare purpose only.

• Emergency Services: Our Services are not intended for urgent care nor emergency medical situations. In the event of a medical emergency, call 911 or your local emergency number immediately.

• Healthcare Operations: To improve our services, conduct quality assessments, and for administrative purposes. We can use or disclose your protected health information in order to operate this medical practice. These actions include training students, reviewing cases with employees, utilizing your information to improve the quality of care, and contacting you by telephone, email, or text to remind you of your appointments.

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User Conduct

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• Prohibited Activities: You agree not to use our Services for any unlawful purpose or in any way that could harm, disable, overburden, or impair our Services nor usage to harm yourself nor commit suicide. Prohibited activities include, but are not limited to:

  • ​Violating any applicable laws or regulations.

  • Transmitting any harmful or disruptive code, viruses, or other harmful files.

  • Engaging in any fraudulent or deceptive practices.

  • Interfering with the security or integrity of our Services (including data breaching, copying or stealing of contents for your own usage or your business purpose).

  • Harassing, abusing, or harming other users or our staff by any means (verbal, physical, spiritual, financial, etc…).

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The Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the Code of Conduct or this Agreement, including, without limitation, the suspension or termination of the Customer's access and/or Customer Account, which may involve deletion of any content you have uploaded in connection with your Customer Account. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms of Use, including for termination of your Customer Account or deletion of any content you uploaded to the Website.

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The Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.  Except as may be expressly limited by the Privacy Policy, the Company reserves the right at all times to disclose any information as the Company 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 the Company's sole discretion.  Further, the Company reserves the right at any time, without notice, for any or no reason, to refuse service or access to the Website to anyone, to modify and discontinue any portion or all of the same, and to restrict, suspend and terminate Customers’ access or Customer Accounts. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part or service thereof.

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You agree not to use the Website Content or any service the Company provides in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes our policies, guidelines, rules or the terms and conditions of this Agreement.  This includes but is not limited to the following. You will not post or transmit a message or information under a false identity for the purpose of misleading others or impersonating any entity, including, without limitation, any Company representative; engage in unauthorized use of a credit card; post or transmit information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or abusive to any person; post or transmit information that infringes or violates any of the intellectual property rights of others or the privacy or proprietary rights of others; attempt to disrupt the operation of our business through use of methods, including, but not limited to: viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, spamming or any other similar programs that may damage the operation of another’s computing device or property; upload or transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation, commercial or otherwise; use any of our tools and services in any manner that could damage, disable or impair our services or networks; attempt to gain unauthorized access to any user or Customer Accounts, or computer systems or networks, through hacking, password mining or any other means; use any robot, scraper or other automated or manual means to access any aspect of our website or equipment for any purpose; harvest or otherwise collect information about others, including names, addresses, or e-mail addresses; modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the
Website, or assist any other person or entity in doing so.

• Right to Remedies: You agree that any violation or threatened violation of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm.  You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate.  These remedies are in addition to any other remedies we may have at law or in equity.
   

Appointments and Cancellations

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• Appointment Booking: You can book appointments through our website. It is your responsibility to provide accurate information and present on time, preferably at least 10 minutes in advance of your virtual appointments. $50 is required to book your appointment.

• Cancellations and Rescheduling: If you need to cancel or reschedule an appointment, please do so at least 24 hours in advance. Late cancellations or no-shows will cause your $50 to be forfeited (non-transferrable and non-refundable). After 2 consecutive cancellations within 24 hours timeframe, you will be added into restrictions on booking future appointments, and will not be able to book for at least 1year.

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Intellectual Property

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• Ownership: All content and materials provided through our Services or linked to/ made available via our website without limitation, including text, graphics, illustrations, logos, images/pictures, video or audio clips, computer software and codes, and info sent electronically are the property of Advarise Health or its licensors and are protected by applicable intellectual property laws. The legal Terms of Use document (“Terms of Use” or “Agreement”) are strictly between you and Advarise Health. Your access to and continued use of the Website constitutes your agreement to be bound by these Terms of Use.  If you do not accept these terms and conditions, or if you are under the age of thirteen (13), you must not access or use the Website. When you visit our website or send phone messages, text messages, and/or emails to us, you are contacting us electronically. Per se, you consent to receive communications from us electronically.  The Company may communicate with you by telephone, text, email or by posting notices on this Website.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (including by posting on our Website) fulfill any legal requirement that such communications be in writing. Additionally, you agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.   The Company may revise or update the Terms of Use at any time without advance notice by posting here and by sending you an email notification to the last email address you provided to us (if any).  In case the latest e-mail address you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our sending the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any case, the use of the Website after such changes are posted will signify your acceptance of these revised terms. We highly encourage that you visit this page periodically to review this Terms of Use.  If you do not agree to be compelled by all of these terms and conditions, do not use this Website or any service provided by the Company.

• Copyright: all Website content is the copyrighted work of Advarise Health or its third-party content suppliers and is protected by U.S. and international copyright laws. The collection of all Website content is also the restricted property of the Company and is protected by U.S. and international copyright laws. You can download information from this Website and print out a hard copy for your personal use provided that you do not remove or change any copyright or other notice trademark, patent contained in the information. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any information or Website content.  The use of Website Content by you is prohibited unless specifically permitted by the Company. Unauthorized use of text or images may violate copyright laws, trademark laws, laws of privacy/ publicity, and applicable regulations and statutes. You may not link to the Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is other inappropriate. The Company reserves the right, in its sole discretion, to dismiss a link with any website that it deems inappropriate or inconsistent with this Company Website or this Terms of Use. Any unauthorized use terminates the permission or license granted to you by the Company to use the Website. The Company does not warrant or represent that your use of Website Content or any other materials displayed on this Website will not infringe rights of third parties. Your use of any of the Website Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided Website Content. The Company is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless the Company from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Use.

• Trademarks: Certain trademarks on the Website are the service marks and trademarks of the Company, the Practitioners, or other licensees of the Company. The domain name for this Website, all page headers, graphics, and button icons are service marks, trademarks, logos, and/or trade dress of the Company. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of the Company

• Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use our Services for your personal (Health related only: specific to your medical condition), non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as permitted by these Terms.

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Disclaimers and Limitation of Liability

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Disclaimer of Warranties: Our Services are provided "as is" and "as available" without any warranties of any kind, either express or implied. We disclaim all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-nfringement, and title. The Website is not intended to solicit clients or patients; and should not be relied upon as medical, psychological, or other professional advice of any kind or nature whatsoever.  Even if those providing information via the Website display professional licensure or other credentials in the healing arts, or cite clinical trials or other medical literature, they are
limited to providing information and education, and are not providing any clinical service via the Website.  The information provided through the Website should not be used for diagnosing or treating a health problem or disease. The information contained in these communications is not comprehensive and does not include all the potential information regarding the subject matter, but is merely intended to serve as one resource for general and educational purposes.

Limitation of Liability: To the fullest extent permitted by law, Advarise Health shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, personal injury, wrongful death, loss of profit, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of our Services. We are not liable to you or any third party for damages arising from or relating to these Terms of Use or use or inability to use the Website (including damages resulting from lost data or business interruption), even if we have been advised of the possibility of such damages, whether resulting from: the use of or inability to use the Website, whether based on warranty, contract, tort, or any other legal theory, any delay, failure, interruption or corruption of our website or any data or information transmitted in connection with the use of this Website, personal
injury or death caused by your use or misuse of the Website, the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our Website, unauthorized access to or alteration of your transmissions or data.  You acknowledge that this paragraph shall apply to all content, merchandise and services (if applicable) available through the Website. Your access to, and use of, the Website is at your own risk and you are solely responsible for any damage to your computer, device, system, or data. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.  
Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product or service purchased by you from us through the Website or through any other website or source; provided, that any claims arising out of or in connection with your use of the Website must be brought within one (1) year since the event giving rise to such action occurred.  You understand and agree that your use of the Website 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 Website.
Dietary Supplements/Treatment: Information or statements regarding dietary and other health care supplements have not been appraised by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You must read carefully all product packaging prior to use and consult with your health care professionals. Company/website Is not a medical provider and does not provide medical diagnosis unless you are a patient of the practice. The information provided on this Website is not a substitute for medical diagnosis, advice, or treatment, or other professional healthcare. If you have or suspect you may have a medical or psychological problem, you should consult your medical doctor or psychologist or appropriate healthcare provider or call a medical emergency number or 911 immediately. Never disregard or delay medical advice received from your licensed healthcare
provider based on information on the Website. Always consult your physician, psychologist, or licensed healthcare provider before seeking any new treatment, or before you alter, suspend, or initiate any change in your medical or psychological treatment, medication or herbal supplement, routine, or procedure. If you are in crisis, reach out for help to a crisis help line. A list of crisis help lines and service
providers can be found in your phone book, or contact any of the organizations listed below: National Suicide Hotline 800-273-TALK (800-273-8255); National Domestic Violence Hotline 800-799-SAFE (800-799-7233); National Child Abuse Hotline 800-4-A-CHILD (800-422-
4453).  While we provide online services, we do not have a 24-hour hotline for medical emergencies; nor do we handle requests in crisis situations, such as if you are feeling suicidal or in need of immediate assistance due to emotional crisis.  

Testimonials: Customers may not be expected to achieve the same or similar results as others who have used our services and who have subsequently written testimonials and endorsements. We post testimonials for informational purposes only; we do not claim that anyone will experience the same or similar results as mentioned in these writings or videos.  We do not claim that a significant number of consumers may obtain similar results. Any information that could be regarded as a testimonial or endorsement on the Website does not constitute a guarantee, warranty, or prediction by us regarding the outcome of any past, ongoing, or future conversation
or interaction with you. 

Indemnification

You agree to indemnify, defend, and hold harmless APRN Darly Micourt its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of or reliance on the information presented on the Website, your violation of these Terms of Use or of applicable laws or regulations, or any content you uploaded to the Website. your violation of these Terms or your use of our Services. You understand, acknowledge, and freely assume all risks, including psychological and emotional risks (whether or not foreseeable to us or you), relating to your access to and activities with respect to the Website and Website Content, or relating to any activity, information, or service, provided by us or any of our agents or employees or agents. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the Website or Website Content or use therein.

You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Company's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product, program, other owned or controlled by Company, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Company website, property, product, program, other content or any and all activities or actions related thereto. By accessing this Website, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected.
 

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Florida State, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

No Legal Warranties or Advice: The Website neither offers nor constitutes legal advice or counsel. The Company makes no claims, guarantees, or warranties with respect to rights or obligations any individual may have with respect to federal or state or other laws or regulations. We do not provide any legal representation or certification that any given individual has any given right or obligation under relevant laws. We cannot guarantee that private individuals or governmental entities will agree with any position that any user of this Website may take.  There is no guarantee that any third party will accord the user any right or courtesy.  Please also see Limitation of Liability, below.

 

Additional Terms

No Statement as to Accuracy: The Company has no editorial control or responsibility over the content included in the Website provided by third-party content providers. Therefore, any opinions, statements, products, services or other information expressed or made available by
third party suppliers or Customers on this Website are those of such third party suppliers or Customers, respectively. The Company does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party. 

Links to Third Party Websites:  This Website may contain hyperlinks to other sites owned and operated by parties other than the Company.  Such hyperlinks are provided only for ready reference and ease of use.  We do not control such sites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically state so.  In the event this Website provides hyperlinks to other sites that are not owned, operated or maintained by the Company, you acknowledge and agree that the Company is not responsible for and is not liable for the content, products, or services on or available from such sites.  We accept no liability for any information, products, promotions, advertisements, or services accessible through these third party sites or for any action you may take as a result of linking to any such website.

CAN-SPAM ACT Compliance:  We are committed to being compliant with the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003" ("CAN-SPAM Act"), and email newsletters and correspondence received from us are intended to fully comply with the CAN-SPAM Act. In the event you receive an email from us that you do not believe is fully compliant with the CAN-SPAM Act, please contact us immediately at  info@versatiletherapeutics.com   You can click to unsubscribe or opt-out of email communications from Company at any time or reply by typing "unsubscribe" in emails you receive from us. It is important to note that you cannot opt-out from receiving all communications from us if you wish to subscribe to our service.  If you opt-out or unsubscribe from all email from the Company while remaining a registered user or Customer, you will become ineligible for receipt of and use of our services. 

Export: You agree that our services are subject to U.S. export controls and agree that you will comply with the same, and represent that you are neither located in a sanctioned country nor a prohibited person. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

General: The performance of Company hereunder is subject to interruption and delay due to causes beyond its reasonable control including acts of God, acts of government, war, civil disorder, fire, power failure, equipment failure, labor dispute, inability to obtain necessary supplies, and the like.  If any provision of this Agreement is determined to be invalid or

unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by Company. Company's waiver of any right shall not constitute a waiver of that or any other right in the future.

Survival: Notwithstanding any provision in this Agreement to the contrary, the following provisions shall survive termination or expiration of the Agreement: Disclaimer; Limitation of Liability; Assumption of Risks; Indemnification; Intellectual Property; Third-Party Content; Miscellaneous Terms.

Changes to These Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website and updating the "Effective Date". Your continued use of our Services after the posting of the revised Terms constitutes your acceptance of the changes.

Contact Us
If you have any questions or concerns about these Terms, please contact us at
advarisehealth@gmail.com . We will manage to respond to you as quickly as possible.

Advarise Health LLC

Effective Date: 06/11/2024
©Advarise Health, LLC - All Rights Reserved