Privacy Policy

This Privacy Policy explains what information we collect when you use Agape Health Provider, LLC (“Agape Health”), website and/or mobile application, and related products and content (collectively the “Services”). It also contains information about how we store, use, transfer, and delete such information. While our aim is to always comply with applicable privacy laws, we also strive to earn your trust.

Information We Collect & How We Use It

Agape Health does not make money from advertising. As such, we do not collect data in order to advertise to you. Notwithstanding, Agape Health is not legally responsible and cannot guarantee that any of its vendors, marketing partners, contractors, and/or any legal entity doing business with Agape Health (not considered a partner and/or equity member of Agape Health) performs any data collections that may result in monetary gains to said legal entity. The tracking we do at Agape Health is to make our product and Services work as well as possible. To that end, and in order to give you the best possible experience, we collect information from your interactions with our Website, App, and our Services. Some of this information you actively provide or otherwise disclose to us (such as your email address, which we use to track your account or communicate with you). Other information may be collected based on actions you take while using Agape Health, such as what pages you view (including how much of a given page and for how long) and your use of product features. This information includes records of those interactions, your Internet Protocol address, information about your device (such as device or browser type), and referral information.

We use this information to:

provide, test, improve, promote, and personalize the Services.
fight spam and other forms of abuse.
generate aggregate, non-identifying information about how people use the Services.

When you create your Agape Health account and authenticate with a third-party service (like Apple or Google) we may collect, store, and periodically update information associated with that third-party account. We will never publish something through one of your third-party accounts without your express permission.

Information Disclosure

Agape Health will not transfer information about you to third parties for the purpose of providing or facilitating third-party advertising to you. We will not sell information about you to a third-party.

We may transfer your account information with third parties in some circumstances, including: (1) with your consent; (2) to a service provider or partner who meets our data protection standards; (3) with academic or non-profit researchers, with aggregation, anonymization, or pseudonymization; (4) when we have a reasonable, good faith belief it is required by law, such as pursuant to a subpoena, court order, or other legal process; (5) when we have a reasonable, good faith belief that doing so will help prevent imminent harm to someone.

If we are going to share your information in response to legal process, we will give you notice so you can challenge it (for example by seeking court intervention), unless we are prohibited by law or believe doing so may endanger others or cause illegal conduct. We will object to legal requests for information about users of our services that we believe to be improper.

Data Storage

Agape Health reserves the right to use third-party vendors and hosting partners for hardware, software, networking, storage, and related technology we need to run Agape Health website and App. We generally maintain two (2) types of logs: server logs and event logs. By using the Services, you authorize Agape Health to transfer, store, and use your information in the United States and any other country where we operate.

Third-Party Embeds

Some of the content that you see displayed on Agape Health website and App may not necessarily be hosted by Agape Health. These “embeds” are hosted by a third-party and embedded in a Agape Health page, so that it appears to be part of that page. These files send data to the hosted site just as if you were visiting that site directly.

Agape Health does not control what data third parties collect in cases like this, or what they ultimately do with it. As such, any such third-party embeds on Agape Health are not covered by this Privacy Policy. They are covered by the privacy policy of the third-party service.

Some embeds may ask you for personal information, such as submitting your email address, through a form linked to from Agape Health. We do our best to keep bad actors off Agape Health. However, if you choose to submit your information to a third party this way, we do not know what they may do with it. As explained above, their actions are not covered by this Privacy Policy. Therefore, please be careful when you see embedded forms on Agape Health asking for your email address or any other personal information. Make sure you understand who you are submitting your information to and what they say they plan to do with it. We suggest that you do not submit your email address or other personal information to any third-party through an embedded form.

Tracking & Cookies

We use browser cookies and similar technologies to recognize you when you return to using our Website, App and our Services. We use them in various ways, for example to log you in, remember your preferences (such as default language), evaluate email effectiveness, and personalize content and other services. Cookies are necessary to Agape Health basic functionality.

Agape Health saves data about the URLs you visit, but we do not otherwise track your visits or activities of Agape Health Services. We do, however, track your interactions within Agape Health Services.

Some third-party services that we use to provide the Service, such as Google Analytics, may place their own cookies in your browser. This Privacy Policy covers use of cookies by Agape Health only and not the use of cookies by third parties.

Modifying or Deleting Your Personal Information

If you have a Agape Health account, you can access, modify, or export your personal information, or delete your account.

To protect information from accidental or malicious destruction, we may maintain residual copies for a brief time period (generally several weeks). However, if you delete your account, your information and content will be unrecoverable after that time. Agape Health may preserve and maintain copies of your information beyond this time period when required to do so by law.

Data Security

We reserve the right to use encryption to protect data transmitted to and from our site. However, no data transmission over the Internet is 100% secure, so we cannot guarantee security. You fully understand that your use of the Service is done at your own risk, and you are responsible for taking reasonable measures to secure your account.

Business Transfers

If we are involved in a merger, acquisition, bankruptcy, reorganization, or sale of assets such that your information would be transferred or become subject to a different privacy policy, we will notify you in advance so you can opt out of any such new policy by deleting your account before transfer.

Email from Agape Health

Sometimes we may send you emails about your account, service changes or new policies. You cannot opt out of this type of “transactional” email (unless you delete your account). However, you can opt out of non-administrative emails such as digests, newsletters, and activity notifications through your account’s settings page.

When you interact with an email sent from Agape Health (such as opening an email or clicking on a particular link in an email), we may receive information about that interaction.

We will not email you to ask for your password or other account information. If you receive such an email, please disregard it immediately.

PHYSICIANS

The physicians displayed to our referral network partners on our mobile application have represented that they are credentialed to treat patients at designated facilities and, to the best of our knowledge, are in good standing. We may allow you to search physicians by alphabetical listing or other searches based on individual needs or preferences.

HEALTH SITES AND SERVICES

We are not doctors and we do not provide medical advice. The content on our site and Services are presented in a summary fashion, and is intended to be used for educational and informative purposes only. The content on our site presented to our referral network partners is intended to be used for informative purposes only. No assurance can be given that the information contained on our site and services will always include the most recent findings or developments. Any information on our site and services are not intended to be, should not be interpreted as, or used as a substitute for, medical advice or a diagnosis of any health or fitness problem, condition or disease; or a recommendation for a specific test, doctor, care provider, procedure, treatment plan, product, or course of action.

While we provide a network service and we do not recommend or endorse any particular healthcare provider. Rather, we are only an intermediary that provides selected information about healthcare providers. We do not offer advice regarding the quality or suitability of any particular healthcare provider for specific treatments or health conditions, and no information on our sites should be construed as health or medical advice. Any ratings of a healthcare provider’s service are statements of opinion and not statements of fact or recommendations to utilize the services of any specific healthcare provider. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific healthcare provider.

You assume all responsibility in connection with choosing any healthcare provider, whether or not you obtained information about such healthcare provider on or through our site. IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY ADVICE, TREATMENT OR OTHER INFORMATION OR SERVICES PROVIDED TO YOU BY ANY HEALTHCARE PROVIDER WITH WHOM YOU MAY MAKE CONTACT THROUGH OUR SITE, APPLICATION, AND SERVICES OR FOR ANY MALPRACTICE CLAIMS OR OTHER CLAIMS THAT MAY ARISE DIRECTLY OR INDIRECTLY FROM ANY SUCH ADVICE, TREATMENT OR OTHER INFORMATION OR SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.

We are not a medical or healthcare provider and your use of our site, application, and services do not create a doctor-patient relationship. You agree to be solely responsible for your use of our site, application, and services and for determining the suitability of, and the results obtained from, any professional you consult. Never disregard the medical advice of your physician or health-care professional, or delay in seeking such advice, because of something you read on our sites. If you think you may have a medical emergency, call your physician or 911 immediately.

LEGAL SITES AND SERVICES

Our site, application, and services provide access to independent attorneys, self-help services, including general information related to the law, and lawyers designed to help users safely cope with their own legal needs. Our site, application, and services also provide services to lawyers and other legal professionals.

We are not lawyers, or a law firm and we do not provide legal, business or tax advice. None of our representatives are lawyers and they also do not provide legal, business or tax advice. The accuracy, completeness, adequacy or currency of the content is not warranted or guaranteed. Our site, application, and services are not substitutes for the advices or services of an attorney. We recommend you consult a lawyer or other appropriate professional if you want legal, business or tax advice.

We strive to keep our content and documents accurate, current and up-to date. However, because the law changes rapidly, we cannot guarantee that all of the information on the site and services is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind we provide can fit every circumstance. Furthermore, the legal information contained on the site and services is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area. Our site, application, and services are not intended to create any attorney-client relationship, and your use of our site, application, and services does not and will not in any circumstance create an attorney-client relationship between you and us. We are not a lawyer referral service and the sites and services and other resources and information are for personal use only.

LAWYER SERVICES FOR USERS

Our site and services offer you several ways to identify and locate an attorney (or other legal services), including advertisements for lawyers, a searchable directory of lawyers and law firms, or our lawyer service provides information on lawyers and law firms willing to contact you with your permission (collectively, “lawyer services”). The inclusion of lawyers and law firms in the lawyer services requires only a payment by such lawyers or law firms and we make no recommendation as to any such lawyers or law firms. The decision to retain an attorney is an important one, and one that you must make carefully based on your own judgment and evaluation of that attorney. If you are using the lawyer services you should read the following terms and conditions below. If you disagree with these terms and conditions, please do not use the lawyer services.

At no time is an attorney-client relationship fostered or created with us through the performance of any such lawyer services.

Our site and services are only one source of information among the many sources that are available to you. You may wish to consider multiple sources in order to make an informed attorney selection decision.

You understand any attorney listings or directories are provided by third parties and may contain inaccurate, incomplete or outdated information. You must independently verify the accuracy of any information you obtain from our site, application, and services.

We may refer you to a specific attorney or service. However, you are solely responsible for making a selection of an attorney or other service and determining whether the information you obtain through your use of our sites is suitable for your purposes. Any agreements regarding legal services or fees must be done outside the scope of our sites and are strictly between the user and the third party and do not involve us in any way. We do not receive any portion of any attorney’s or law firm’s fees. We are not involved in or responsible for any transactions that might occur, and we do not guarantee that such transactions will occur.

The release and security of any sensitive or confidential information transmitted by you to any attorney or service is your sole responsibility.

We do not recommend or endorse any particular attorney or legal service and make no representation, guarantee or warranty (express or implied) as to the legal ability, competence, quality, or reliability of any legal services provided by any of these lawyer services. Prior to inclusion in our listings, we confirm a lawyer’s status with the applicable State Bar; however, we do not perform ongoing reviews of a lawyer’s status and we do not and have not investigated or vetted the qualifications, experience or other matters related to the lawyers, law firms or any legal services. You must independently verify the qualifications of any such legal professionals and services.

The selection of a participating lawyer or law firm as part of the lawyer services is the result of a neutral process that involves no evaluative judgment on our part and when a lawyer or law firm is included, it does not mean that lawyer or law firm is the “best” or “right” lawyer or service for your needs or that the lawyer or law firm is otherwise preferred over other lawyers or law firms. Further, the selection of a participating lawyer of law firm as a part of the lawyer services is not based on an analysis of your potential legal problem.

We cannot perform a check for conflicts of interest between you and an attorney provided by a lawyer service.

We do not continuously review the standing of any attorney subscriber with any regulatory authority. When considering employing any attorney or law firm, Users should check the attorney’s standing with the state bar. When considering employing a non-attorney legal service provider, Users should check with the agency that certified the provider or the applicable regulatory body.

We make every effort to verify that attorneys who subscribe to the Service are licensed and in good standing in at least one state within the United States at the time of registration. However, we are unable to track, verify, or monitor the standing of each attorney using the Service. Therefore, we make no representation regarding the status, standing or ability of any attorney or law firm that submits bids, or is listed through this website or application.

When using lawyer services, you may be required to provide some personal information such as name, address, email address, or telephone number. If provided, you grant us a worldwide, royalty-free, non-exclusive and fully sublicensable license to use, distribute, reproduce modify, publish and translate personal information solely for the purpose of enabling your use of the lawyers services. We have no control and make no representations as to the use of personal information provided to third-party lawyer services advertising on our sites. For information on these privacy practices, contact the lawyer service for their terms of use and privacy policies.

The term “experience” or “experienced” as used on the site and services is not intended to be a comparison to any other attorney’s services or qualifications.

If you use lawyer services, you agree that: IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LAWYER SERVICES OR FOR ANY ADVICE, INFORMATION OR SERVICES PROVIDED TO YOU BY ANY ATTORNEY WITH WHOM YOU MAY MAKE CONTACT THROUGH OUR SITE, APPLICATION, AND SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.

You also should be aware that certain states and jurisdictions have special rules relating to legal services. You should contact your state or local jurisdiction for more information. While not intending to be exhaustive, please note the following additional state-specific attorney advertising disclosures if you live in the following states:

Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Colorado: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Colorado does not certify lawyers as specialists in any field.

D.C.: The information provided on this site is intended only as information and does not constitute legal advice, create an attorney-client relationship, or substitute for the independent judgment and skills of a competent and licensed attorney or other professional. Nor does reading, downloading, corresponding with this site via e-mail, or otherwise using this website constitute legal advice, create an attorney-client relationship, or substitute for the independent judgment and skills of a competent and licensed attorney or other professional. This site takes measures to provide accurate and up-to-date information on this site. However, we do not guarantee that all of the information is one hundred percent accurate. We will not be responsible for any damage or loss if the content of the site is not accurate, complete, or up-to-date.

Florida: Florida Rule of Professional Conduct 4-7.10(c) defines a lawyer referral service as “(1) any person, group of persons, association, organization, or entity that receives a fee or charge for referring or causing the direct or indirect referral of a potential client to a lawyer drawn from any specific group or panel of lawyers; or (2) any group or pooled advertising program operated by any person, group of persons, association, organization, or entity wherein the legal services advertisements utilize a common telephone number and potential clients are then referred only to lawyers or law firms participating in the group or pooled advertising program.” For purposes of the Florida Rules of Professional Conduct only (the “Florida Rules”), our sites may be deemed a lawyer referral service as defined in the Florida Rules. Rule 4-7.10(a)(10) requires that all lawyer referral services (as defined in the Florida Rules) must affirmatively state in all advertisements that it is a lawyer referral service. For those reasons, for purposes of the Florida Rules only, our site and application clearly state that we are a lawyer referral service and any statements in the Terms and Conditions to the contrary are inapplicable in Florida.

Iowa: No representation is made regarding the quality of legal services that have been or will be performed.

Minnesota: Past results afford no guarantee of future results; each matter is different and must be judged on its own merits.

Missouri: The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Nebraska: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Past results afford no guarantee of future results; each matter is different and must be judged on its own merits.

New Mexico: Past successes cannot be an assurance of future success because each matter must be decided on its own merits.

New Jersey: According to Rule 7.1 of the New Jersey Rules of Professional Conduct, an attorney is not permitted to make any false or misleading communication about themselves or their services. According to the Rule, a communication can be considered false and misleading if: The communication contains a material misrepresentation of fact or law; The communication omits a fact that is necessary to make the statement not materially misleading when taken a whole; The communication has the potential to give the viewer of the website an unjustified expectation as to the results the lawyer can attain; The communication compares the services of the attorney to that of another unless the statement can be factually substantiated, includes the name of the lawyer being compared to, and includes a disclaimer; and Discusses legal fees, except in limited circumstances. The fees an attorney may be able to discuss on their website can include: An initial consultation fee; Whether the attorney’s specific legal services are based on a contingent or fixed fee; A range of fees for specific legal fees, if not likely to be misunderstood or deceptive; Whether credit arrangements are available; Specific hourly rates, if the statement clarifies the total will depend on the number of hours devoted to the matter; and A statement of fees the attorney charges for services rendered from qualified legal assistance organizations.

New York: Prior results do not guarantee a similar outcome. The lawyer services offered are not making a recommendation as to any lawyer or law firm and do not vet the qualifications of such lawyers and law firms. Being included on the list of participating lawyers requires only a payment and the selection of a participating lawyer from that list is the result of a neutral process that involves no evaluative judgment. When a lawyer is included from that list, it does not mean that lawyer is the “best” or “right” lawyer for your needs or that the lawyer is otherwise preferred over other lawyers. Lawyers or law firms willing to contact you with your permission as a part of our lawyer services pay an additional fee that is separate from the fee they pay for inclusion in our searchable directory of lawyers and law firms. Lawyers or law firms that do not pay this additional fee are not included in this service.

Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert.

South Dakota: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Past successes cannot be an assurance of future success because each matter must be decided on its own merits. Any customer review on this web-site does not constitute a guaranty, warranty, or prediction regarding the outcome of your legal matter.

Utah: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Past successes cannot be an assurance of future success because each matter must be decided on its own merits.

Wyoming: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Past results afford no guarantee of future results; each matter is different and must be judged on its own merits. The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

ATTORNEY ETHICS NOTICE; RULES.

If you are an attorney participating in any aspect of our sites or services, including but not limited to interactive areas, (a) you agree not to provide specific legal advice in any of your content and to draft content which is competent, appropriate, educational, and in accordance with your state bar(s)’ attorney ethics requirements; (b) you represent and warrant that you are an attorney in good standing with a license to practice law in at least one of the 50 United States of America or the District of Columbia; (c) you agree to promptly notify us of any grievance, claim, reprimand, or censure brought against you, as well as resignation or other loss of license; and (d) you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, rules regarding the establishment of attorney-client relationships, failure to maintain client confidences, unauthorized practice of law, and misrepresentations of fact. We disclaim all responsibility for your compliance with these Rules. We highly recommend that you include a disclaimer regarding the aforementioned advertising and ethics issues. We will have no liability to you arising out of or related to your compliance or noncompliance with such laws and rules, or related to our inclusion or failure to include a disclaimer.

NO SOLICITATION.

If you are an attorney, you will not distribute to any persons or entities identified via our site any content or material containing solicitations or advertising of any kind without our express prior written permission. Attorneys and law firms are prohibited from soliciting employment from prospective clients through our sites or any of its interactive features. In no event may any person or entity solicit any users with data retrieved from our sites.

INQUIRIES AND CONTACT TERM.

BY USING OUR SITE, APPLICATION, AND SERVICES OR ACCESSING, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO US VIA THE SITES AND SERVICES CONSTITUTES AN INQUIRY TO US, AND THAT WE OR OUR AFFILIATES MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

You authorize us to contact you by telephone at the number you have provided. Telephone calls may include prerecorded or artificial voice messages and calls using an automatic telephone dialing system. Your consent is not a condition of your purchase.

You agree that any calls to or from us may be monitored or recorded for training or quality assurance purposes.

INDEMNIFICATION

You agree to indemnify and hold us and our representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted and your interactions with others); (c) your use of or reliance on any user content; and (d) your violation of these TOU. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by us or our representatives. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.

DISCLAIMERS

YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SITE AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITE AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITE AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITE AND SERVICES OR IN CONTENT).

THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

LIMITATIONS OF LIABILITY

WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES. NOTHING IN THESE TOU WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITE AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITE AND SERVICES).

You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our site and Services or content accessed through our site and Services, or any interactions with others arising out of or related to our site and Services or content accessed through our site and Services, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

FORWARD-LOOKING STATEMENTS

Some statements made available by our Services are not historical facts and therefore are considered forward-looking statements within the meaning of Section 21E of the Securities and Exchange Act of 1934. These forward looking statements are subject to risks and uncertainties as which could cause our actual results to differ materially from those expressed in or implied by the content of our Services. Forward-looking statements made available by our Services are made as of the date of the initial publication and we undertake no obligation to update any of these forward-looking statements as actual events unfold.

DAMAGES

At our election, we may seek actual or liquidated damages. In addition to any injunctive relief, you agree to pay to us the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of these TOU for which you bear responsibility; except you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOU violations, you agree to pay liquidated damages to us as described in our liquidated damages policy below.

LIQUIDATED DAMAGES

This liquidated damages policy (this “Liquidated Damages Policy”) applies to our Website(s), Mobile Application, and Services and are incorporated into our TOU. If there is any conflict between this Liquidated Damages Policy and our TOU, this Liquidated Damages Policy will control. By using our Website(s), Mobile Application, and Services, you are a “user” and you accept and agree to our TOU and this Liquidated Damages Policy as a legal contract between you and us.

INJUNCTIVE RELIEF

You acknowledge and agree that any violation or breach of these TOU may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of these TOU or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these TOU. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in these TOU, including but not limited to by preliminary or permanent injunction.

RELEASE OF INFORMATION

Our Privacy Policy prohibits the release of user or account information except in limited circumstances, including with express permission from the user, as and when required or permitted by law, or to comply with legal process properly served on us. If you seek the identity or account information of a user of our site and Services in connection with a civil legal matter, you must serve us with a valid subpoena.

We reserve the right to disclose any personal information about you or your use of our site and Services, including its contents, without your prior permission if we have a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend our rights and property or our affiliated companies; (3) enforce these TOU; or (4) act to protect the interests of our users or others. Our performance of these TOU is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our site and Services or information provided to or gathered by us with respect to such use.

CHANGES TO THIS POLICY

Agape Health may, and reserves the right to, periodically update this, Policy. We will notify you about significant changes to it.