Terms of Service

Welcome, and thank you for your interest in Two Hands Healing Arts (“Two Hands,” “we,” or “us”) and our website at twohandshealingarts.com, along with our related websites, hosted applications, and other services provided by us (collectively, the “Service”). For the avoidance of doubt, “Service” does not include the receipt or provision of healthcare services to users via the Service (collectively, “Medical Services”). These Terms of Service are a legally binding contract between you and Two Hands regarding your use of the Service.

Two Hands is affiliated with medical professional entities and their affiliated medical service providers (the professional entities collectively, the “Practices”). Two Hands provides management, administrative, technology services and other certain non-medical services to the Practices. The Practices provide Medical Services. Two Hands’s Medical Terms of Service govern the provision by the Practices of, and your access to and use of, the Medical Services.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING TWO HANDS HEALING ARTS’S PRIVACY POLICY (TOGETHER, THESE “TERMS”).

YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF TWO HANDS HEALING ARTS AT THE PHONE NUMBER YOU PROVIDE TO US. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THAT THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY AND MAY USE A PRERECORDED OR ARTIFICIAL VOICE (INCLUDING AI-GENERATED VOICE), THAT YOUR COMMUNICATIONS MAY BE RECORDED BY US AND OUR SERVICE PROVIDER, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.

1 Two Hands Service Overview

Two Hands provides a platform that enables users to purchase certain services related to health and wellness (“Services”) and enables users to connect and communicate with licensed care providers (“Licensed Practitioners”), access diagnostic and testing services provided by third-party laboratories (“Labs”), and access prescription fulfillment services offered by one of our third party pharmacies or a pharmacy of your choosing.

The Service is for online consultation only. If a Licensed Practitioner prescribes medication following your consultation, your prescription will be sent to the pharmacy of your choice, and the pharmacy will contact you directly regarding pickup or delivery.

2 Disclaimers

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT: (a) TWO HANDS HEALING ARTS DOES NOT PROVIDE ANY MEDICAL ADVICE; AND (b) INFORMATION AVAILABLE ON OUR WEBSITE AND THE SERVICE IS FOR GENERAL INFORMATIONAL OR WELLNESS PURPOSES ONLY, DOES NOT CONSTITUTE MEDICAL ADVICE AND IS NOT INTENDED TO TREAT OR DIAGNOSE ANY DISEASE OR MEDICAL CONDITION. YOU ACKNOWLEDGE AND AGREE THAT TWO HANDS HEALING ARTS IS NOT A HEALTHCARE PROVIDER AND THAT BY USING THE SERVICES, YOU ARE NOT ENTERING INTO A DOCTOR-PATIENT RELATIONSHIP WITH TWO HANDS HEALING ARTS.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, GO TO YOUR NEAREST EMERGENCY ROOM OR DIAL 9-1-1.

By using the Service to communicate with a Licensed Practitioner, you further acknowledge the potential risks associated with telehealth and virtual consultations. These risks include, but are not limited to: information transmitted electronically may not be sufficient to allow a Licensed Practitioner to make an appropriate assessment; delays in evaluation or treatment may occur due to equipment or connectivity failures; and although the systems we use incorporate security protocols intended to protect the privacy of your health information, those protocols could fail.

3 Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you are located in the United States; (c) you have not previously been suspended or removed from the Service; and (d) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

The Service operates subject to applicable state and federal regulations, and may not be available in every state. You represent that you are not barred from receiving the Service under the laws of the United States or other applicable jurisdictions in which you may be located.

4 Accounts and Registration

To access certain features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password. If you believe that your account is no longer secure, then you should immediately notify us at support@twohandshealingarts.com.

5 Service Terms

5.1 Prescription Services. Certain Treatments available through the Service require a valid prescription by a licensed healthcare provider. You must agree to the Medical Terms of Service and completed a consultation with a Licensed Practitioner. If a Licensed Practitioner writes a prescription for a Prescription Service, you may elect to either: (a) fill the prescription through a Mail Order Pharmacies or (b) fill the prescription through a local pharmacy that you select through the Service.

We fully honor patient freedom of choice: if a Licensed Practitioner writes you a prescription, you always have the option to instruct the Licensed Practitioner to transmit that prescription to the pharmacy of your choice.

5.2 Laboratory Services. Two Hands may allow you to purchase at-home sample collection kits and phlebotomy services, and related laboratory services. The Laboratory Services are provided by Labs and Two Hands only facilitates the provision of such Laboratory Services.

5.3 Shipping Charges. If a Licensed Practitioner determines you are in need of any laboratory services or determines that additional non-prescription products are needed, we will list shipping charges (if any) for such Services/Products upon checkout.

5.4 Delivery. Two Hands will attempt in good faith to deliver your Services/Products in accordance with your order, but Two Hands will not be responsible or liable for any delays or failure in such delivery.

5.5 Returns & Refunds. Unless specified in this Section, all sales on the Service/Products are final, and Two Hands does not provide any refunds, returns, or exchanges. Two Hands may decide to provide a refund or replacement if: (a) a Nonprescription product is out of stock; (b) if local pharmacies is unable to fill prescription; (c) a Nonprescription product arrives damaged, broken, or otherwise defective; or (d) you did not receive the Service that you purchased.

6 General Payment Terms

6.1 Prices & Fees. Two Hands reserves the right to determine pricing for all Services available on the website. All prices, discounts, and promotions posted on Services are subject to change without notice.

6.2 Payment. All fees are in U.S. Dollars and are non-refundable, except as required by law. In order to process your payment, we currently use PaymentWorld, a third-party payment processor.

6.3 Authorization. You authorize Two Hands or its third-party payment processor to charge all sums for the orders that you make on the Service as described in these Terms.

6.4 Delinquent Accounts. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount.

6.5 Typographical Errors and Incorrect Pricing. In the event a Service is listed at an incorrect price due to a typographical error, we reserve the right to refuse or cancel any order placed for the Service at the incorrect price.

6.6 Not an Insurance Product. Two Hands is not an insurer and does not offer any insurance plan or product. Amounts you pay to Two Hands for Services are not insurance premiums.

6.7 Insurance-Based Payment. Some payment options may allow you to pay for Services using your applicable health insurance. You remain responsible for all charges incurred in connection with your account.

7 Licenses

7.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Two Hands grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

7.2 License Restrictions. You may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service.

7.3 Feedback. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Two Hands an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose.

8 Ownership; Proprietary Rights

The Service is owned and operated by Two Hands. The visual interfaces, graphics, design, compilation, information, data, computer code, services, software, and all other elements of the Service (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Two Hands or its third-party licensors.

9 Third-Party Services

Certain Services available for purchase or use through the website are provided, manufactured, distributed, or otherwise made available by third parties, including by Labs, Licensed Practitioners, and the Practices (“Third-Party Services”). Your use of any Third-Party Services and any interactions with the third parties providing such Third-Party Services are solely between you and such Third-Party Providers.

10 User Content

10.1 User Content Generally. Certain features of the Service may permit users to submit content (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content.

10.2 Limited License Grant to Two Hands. By Submitting User Content to or via the Service, you grant Two Hands a worldwide, non-exclusive, irrevocable, sublicensable, perpetual, royalty-free, fully paid right and license to reproduce, modify, copy, host, store, disclose, transmit, transfer, and create derivative works, and distribute your User Content.

10.3 User Content Representation and Warranties. You must have rights to the User Content you Submit to the Service. You affirm, represent, and warrant that: you are the creator and owner of the User Content; your User Content does not infringe any third-party right; and your User Content does not slander, defame, libel, or invade the right of privacy or publicity of any other person.

11 Communications

11.1 Text Messaging & Phone Calls. You agree that Two Hands may call and send you text (SMS or MMS) messages at the phone number you provide us. IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES, YOU CAN EMAIL SUPPORT@TWOHANDSHEALINGARTS.COM OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES.

11.2 Chatbots. We and our service provider may provide chatbots on the Service to streamline and enhance your use. The responses are generated by artificial intelligence and not by a human being. The chatbots do not provide medical, clinical, diagnostic, treatment, or other regulated advice or services.

11.3 Email. We may send you emails concerning our services. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

11.4 Recordings. Two Hands or a Licensed Practitioner may record all or part of your interaction. Recordings are used for quality assurance, training, and service delivery.

12 Prohibited Conduct

BY USING THE SERVICE, YOU AGREE NOT TO: use the Service for any illegal purpose; harass, threaten, or harm any other user; violate any right of a third party; access the Service through any engine, software, tool, agent, or mechanism other than the software or search agents provided by Two Hands; interfere with security-related features; upload or disseminate any virus, adware, spyware, worm, or other malicious code; perform any fraudulent activity; or sell or transfer access granted under these Terms.

13 Modification of Terms

We may, from time to time, change these Terms. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions.

14 Term, Termination, and Modification

14.1 Term. These Terms are effective beginning when you accept the Terms or first access or use the Service, and end when terminated.

14.2 Termination. If you violate any provision of these Terms, then your authorization to access the Service automatically terminates. Two Hands may, at its sole discretion, terminate these Terms or your account at any time for any reason. You may terminate your account at any time by contacting customer service at support@twohandshealingarts.com.

14.3 Effect of Termination. Upon termination: (a) your license rights will terminate; (b) you must pay Two Hands any unpaid amount due prior to termination; and (c) certain provisions survive.

14.4 Modification of the Service. Two Hands reserves the right to modify or discontinue all or any portion of the Service at any time without notice to you.

15 Indemnity

To the fullest extent permitted by law, you will defend and indemnify Two Hands, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents from and against every claim brought by a third party arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms; (c) your violation of any third-party right; or (d) any dispute or issue between you and any third party.

16 Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TWO HANDS HEALING ARTS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TWO HANDS HEALING ARTS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR TWO HANDS HEALING ARTS ENTITIES WILL CREATE ANY WARRANTY REGARDING ANY OF THE TWO HANDS HEALING ARTS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

17 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TWO HANDS HEALING ARTS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE TWO HANDS HEALING ARTS ENTITIES TO YOU IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO TWO HANDS HEALING ARTS FOR SERVICES PURCHASED IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM AND (b) US$100.

18 Miscellaneous

18.1 General Terms. These Terms, including the Privacy Policy, are the entire and exclusive understanding and agreement between you and Two Hands regarding your use of the Service. You may not assign or transfer these Terms without our prior written consent.

18.2 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Two Hands submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Stanislaus County, California.

18.3 Privacy Policy. Please read the Two Hands Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Two Hands Privacy Policy is incorporated by this reference into these Terms.

18.6 Contact Information. The Service is offered by Two Hands Healing Arts with a mailing address of 121 S. Center Street, 2nd Floor, Turlock, California 95380. You may contact us by emailing support@twohandshealingarts.com.

18.7 Notice to California Residents. If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210.

18.9 International Use. The Service is intended for visitors located within the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.