Terms of Use

 

Last updated: February 8, 2023

 

Acceptance of Terms of Use

Welcome to Parama Care. This website is operated by Parama Care (DBA), Camo Platforms, Inc. ("Parama Care", "we", or "us"). Parama Care offers this website and mobile apps (the "Site") as well as any information delivered on this site or via email communication (collectively the "Services") to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. We provide telehealth coaching, fitness & wellness services to our customers (the “Client”) through the use of electronic communications.

 

The Company agrees to provide telehealth services to Client, including but not limited to, health and wellness assessments, diagnostic evaluations, and personalized wellness plans, through the use of electronic communications. Client agrees to communicate with the Company through electronic means, including but not limited to, video conferencing, phone calls, text messages, and email.

 

These Terms of Use (the "Terms") are a binding contract between you ("you" or "user") and Parama Care, Inc. ("Parama Care," "we", or "us"). You must agree to and accept all of the Terms, or you do not have the right to use the Services. You’re using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in our privacy policy (www.paramacare.com/privacy).

 

NOTICE: Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

General

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

 

Personal Information

Your submission of personal information is governed by our Privacy Policy.

 

Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.This site may contain certain historical information. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. ‍

 

Modifications to Services and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

 

Fees

Client agrees to pay the fees set forth on the pricing and membership pages of our Site. The fees are non-refundable and must be paid in advance. The Company reserves the right to modify the fees at any time upon thirty (30) days’ written notice to Client.

 

Disclaimer

Please note that customer results are not guaranteed and can vary based on a variety of factors, including but not limited to, the individual participant's motivation, adherence to the plan, diet, exercise habits, genetics, overall health, and environmental factors. Despite this, our illustrated results are backed by clinical studies from reputable organizations such as the American Diabetes Association, Center for Disease Control and Prevention, National Heart, Lung and Blood Institute, American Heart Association, National Institute of Aging, National Institute of Mental Health, National Institute of Diabetes and Digestive and Kidney Diseases, and National Sleep Foundation. Please consult your physician and other healthcare providers before starting any health and wellness plan.

 

Third-Party Payment Processor

You agree to pay us, through our payment processor or financing partner (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processor or financing partner to correct, any errors or mistakes, even if payment has already been requested or received.

 

Bill Inquiries and Refunds

If you believe you have been billed in error for a Subscription, please notify us within 30 days of the billing date by emailing products@paramacare.com. Parama Care will not issue refunds or credits after the expiration of this 30-day period, except where required by applicable law.

 

Indemnification

You agree to indemnify, defend and hold harmless Parama Care and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. ‍

 

Client agrees to indemnify and hold harmless the Company and its officers, directors, employees, and agents from any and all claims, damages, and expenses arising out of Client’s use of the services provided under this Agreement.

 

Confidentiality

The Company agrees to maintain the confidentiality of all information received from Client during the course of providing services, except as required by law. The Company will also comply with all relevant provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) in the handling of Client’s protected health information (“PHI”).

 

Limitation of Liability

The Company shall not be liable for any damages arising from the provision of services under this Agreement, except to the extent that such damages were caused by the Company’s gross negligence or willful misconduct.

 

Dispute Resolution

Any disputes arising out of this Agreement shall be resolved through arbitration in accordance with the rules of the American Arbitration Association.

 

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts. 

 

Force Majeure

The Company shall not be liable for any failure to perform its obligations under this Agreement if such failure is due to circumstances beyond its control, including but not limited to, acts of God, war, strikes, and other industrial disturbances, and governmental regulations.

 

Termination

Either party may terminate this Agreement at any time upon thirty (30) days written notice to the other party.

 

Assignment

Neither party may assign this Agreement without the prior written consent of the other party.

 

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.