Taotcm.com’s website, mobile apps, Content and services are part of Barefoot Taoists LLC incorporated in California, USA. Taotcm.com used in this Agreement includes websites, mobile apps and all services and contents which are protected through Barefoot Taoists LLC. Both Taotcm.com and Barefoot Taoists used in this Agreement hold the same legal protection as its registered entity Barefoot Taoists LLC.
The term user(s) include, but not limited to healthcare provider, therapists, doctors, patients, researchers and more.
We protect the privacy of children. Taotcm.com is not intended or designed for children under the age of 18 or legal age at users’ countries. Registered adult users of Taotcm.com may use Taotcm.com for the benefit of children.
You agree to use Taotcm.com in a manner that is not: unlawful, threatening, harassing, abusive, defamatory, slanderous, libelous, harmful to minors, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive.
This software program and website are protected by copyright; all rights to them are held exclusively by Barefoot Taoists unless exceptions are explicitly provided for in the license agreement. Independently thereof, the parties hereto agree that the rules of copyright and agreement.
We cannot and do not assume any responsibility or liability for the use or misuse, by you or any third party, of any Content or other information submitted, transmitted, or received via our Apps and website.
We do not control, endorse, verify the truth or accuracy of, or review content outside of Taotcm.com and we are not responsible for such content. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies or individuals responsible for such External Content and Services and cannot be attributed to Taotcm.com. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, related or pertaining to External Content and Services.
User (practitioners, patients and the general public) is granted non-exclusive rights to use the Software program and website. Any other ways or possibilities of using the Software are inadmissible, in particular any translation, reproduction, decompilation, transformation in a machine-readable language and public communication; this applies to all Software as a whole and to any of their parts. In running the program, the user fully accepts all rights of the publisher over the program and media content (patents, copyright, trade secrets). This applies also to the copyright of all documentation that is available in printed or digital form. The user may not change any copyright endorsements, qualifications and/or property statements from the publisher on the program, media or documentation.
The purchaser receives non-transferrable non-exclusive rights to the program.
ALL INFORMATION, RECOMMENDATIONS, ADVICES PROVIDED ON Taotcm.com OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY Taotcm.com, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH Taotcm.com MEDICAL EXPERTS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN - PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW; Taotcm.com IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT; AND RELIANCE ON ANY INFORMATION PROVIDED BY Taotcm.com OR ANY Taotcm.com MEDICAL EXPERTS IS SOLELY AT YOUR OWN RISK
Taotcm.com Medical Experts and professionals, healthcare providers, therapists, consultants or specialists utilizing or featured on Taotcm.com are not employees or independent contractor service providers of Taotcm.com. Any opinions, advice, or information expressed by any such individuals are those of the individual and the individual alone and they do not reflect the opinions of Taotcm.com. Taotcm.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on Taotcm.com or by a licensee of Taotcm.com. The inclusion of professionals and specialists on Taotcm.com or in any professional directory on Taotcm.com does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND Taotcm.com DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. Taotcm.com SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON Taotcm.com. The use of Taotcm.com by any entity or individual to verify the credentials of professionals or specialists is prohibited.
All opinions and statements expressed by Taotcm.com on or through Taotcm.com are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of Taotcm.com, its affiliates or any other organizations or institutions to which such Taotcm.com or such specialist or professional is affiliated or provides services.
The user shall store the Objects and data with due care in order to prevent third parties from accessing them and to prevent their abuse. The Objects stored on this program/website may not be reproduced.
Taotcm.com is a service for individuals to use to support their personal health decisions. You may use Taotcm.com for personal, but not for commercial, purposes in accordance with all applicable federal, state and local laws. Organizations, companies, and businesses may not become registered members or use our Apps as entities or through individual members. The Content is licensed only for the personal, household, and educational use of a single individual. No commercial use or commercial redistribution of any Content is permitted. Any hyperlink or other re-display of the information on another website must display the Content full-screen and not within a "frame" on the linked or other site, unless expressly pre-approved and permitted by Taotcm.com in writing. By using Taotcm.com, you agree not to harvest, scrape or otherwise collect any information about our members or doctors for any reason, including but not limited to for sending unsolicited communications, including spam.
Any transferral (e.g., sale) of the Objects or data to a third party, and therefore any transfer of the rights and faculty to use them, is only admissible with written authorisation from Barefoot Taoists
Email, and short message service (SMS), text message communications and mobile push notifications from the Apps are not encrypted. You can opt out of receiving email, SMS/text messages, and mobile push notifications. Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization, and by using the Apps, you release Taotcm.com from any liability arising from or related to any such interception or unauthorized access. Barefoot Taoists shall provide such authorization only if the original user makes a written application with a declaration from the new user that he/she will comply with the provisions of this license. When the authorization is received by the original user, his/her license expires, rendering the transfer admissible.
Accurate and complete registration information is required to use Taotcm.com. You are responsible for the security of your passwords and for any use of your account. Please immediately notify us of any unauthorized use of your password or account. Allowing any other person or entity to use your identity for posting on or using Taotcm.com is not permitted. Do not include your real name or any other information that could be used to identify you in anything you post that is publicly visible on Taotcm.com (such as in questions or other public submissions).
Taotcm.com agrees to consider refunding you the cost of your virtual consult performed by video, voice, or text chat in the event that you are dissatisfied with how Taotcm.com’s physician spoke to you during such virtual consult. All refund requests require you to submit a documented explanation supporting your request for a refund, and all such requests are subject to review for approval (Satisfaction Guarantee does not apply to asynchronous inbox consults.) This guarantee is subject to your submission to Taotcm.com of documentation supporting your request for a refund. All determinations of your eligibility for a refund are made solely by Taotcm.com and are final once Taotcm.com reaches its decision. You are ineligible for a refund of subscription or one-time consult fees if it is determined at Taotcm.com 's discretion that you, at any time, have violated Taotcm.com’s conduct guidelines within a consult (including but not limited to: inappropriate language or behavior).
You are responsible for monitoring your financial accounts and statements, and Taotcm.com is not responsible for any charges actually or allegedly not authorized by any account holder. In the event that Taotcm.com agrees to provide you with a refund for any reason (including but not limited to claims of unauthorized charges), the maximum refund to which you will be entitled is sixty (60) days from the time of purchase. Unsubscribing from messages from Taotcm.com and/or uninstalling the Taotcm.com app do not automatically cancel any subscriptions you have on Taotcm.com, nor do these actions cancel your obligations to pay for any such subscriptions still active on Taotcm.com.
The user is conscious of the fact that it is not always possible to create perfect databases and software; he/she will take appropriate steps to verify the correctness of any results of his/her work with the software. In the case of faulty material, manufacturing defects, the absence of characteristics, or damage in transit, Barefoot Taoists shall repair the Objects or data. Barefoot Taoists shall not be liable for any mistake or claim made by practitioners or anyone who following the treatment suggestions or information provided by this program because this program is built to provide information to all users (practitioners, patients and the general public). Barefoot Taoists doesn’t guarantee accuracy and results of information and suggestions provided in this program. Barefoot Taoists take no responsibility for incorrect entries and their consequences. Barefoot Taoist is not responsible to verify the accuracy of data, including but not limiting to practitioners’ license, expertise and recommendation, presented in this program. In no event shall Barefoot Taoists be liable for any consequential, indirect, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, based on claims of you or any other party arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, failure of any remedy to achieve its essential purpose or otherwise. Notwithstanding the form (e.g. contract, tort or otherwise) in which any legal or equitable action may be brought, in no event will Barefoot Taoists or its suppliers be liable for damages or losses that exceed, in the aggregate, the following for each respective breach or series of related breaches: with respect to software, the amount of license fees paid by customer for the software that gave rise to such damages or losses; and with respect to any support or other services provided hereunder, the amount of fees paid for the support or services that gave rise to such damages or losses. The maximal liability of Barefoot Taoists will never top the amount you have paid for the program. The user agrees to comply with the rules stated in this agreement. Violations of these rules are criminal offences and may also give rise to claims for damages against the user from the licensers of Barefoot Taoists. In the case of serious violations, including but not limiting to harassments, insult or threat to other users in any form or way, committed by the user, Barefoot Taoists may revoke the license and right to use this program. Data Protection The user consents to the computerised storage and processing of his/her personal data. Conclusion of the Agreement The user understands that this agreement is not accompanied by a declaration of consent from Barefoot Taoists Final Provisions 1. The present agreement applies to Objects already delivered and still to be delivered. 2. If any provision of the agreement is or becomes invalid or if the agreement is incomplete, the remainder of the agreement is not affected. The invalid provision shall then be replaced by a legally valid provision which comes as close as possible to the invalid provision in its economic effect. The same applies to possible gaps in the agreement. 3. This agreement falls under the jurisdiction of courts in California, USA. All users, regardless of your physical location of residence or usage of this program, are subjected to laws and regulations of courts in California, USA.
If you wish to apply your health insurance coverage to virtual consults with eligible doctors (where available), simply select Insurance under Payment Information to confirm coverage and your copay. A claim will be submitted following the consult. By requesting to submit this claim under insurance you agree to pay any associated insurance fees (such as copayment and deductible fees) under your insurance plan and to be personally responsible for any costs associated with the care received that are not covered or are denied by your insurance carrier.
By using Taotcm.com, you agree to be bound by our Arbitration Agreement. This agreement applies to all users, whether members, health consultants, therapists and Medical Experts
First things first: let's try to sort it out. We want to address your concerns without a formal arbitration or case. Before filing a claim against Taotcm.com, you agree to make a good faith effort to try to resolve the dispute informally by contacting Taotcm.com and responding promptly to any related communications. We'll try to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Taotcm.com may bring a formal proceeding.
If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you agree that any and all disputes or claims that have arisen or may arise between us - except any dispute relating to the enforcement or validity of your, our or our licensors' intellectual property rights - shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Any arbitration proceedings shall be conducted by the American Arbitration Association ("AAA") under its rules and procedures applicable at that time, including the AAA's Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA's website. The arbitration shall be held in Placer County, California or at another mutually agreed location. If the reasonable value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator's discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Taotcm.com should be addressed to: Legal Unit, Taotcm.com, at the current company address indicated on the on the Taotcm.com website (www.taotcm.com ) ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought and the specific applicable legal basis for the requested relief ("Demand").
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Taotcm.com users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.
YOU AND Taotcm.com AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE "PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS". UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER Taotcm.com USERS.
Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void. The remainder of the User Agreement and its Legal Disputes Section will continue to apply.
The Opt-Out deadline for opting out of this Arbitration Agreement has passed.
CLAIMS ARE TIME-BARRED. You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.