PL Cares® & PL HOPE Terms and Conditions

Last Updated:  May 19, 2026

     PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR PLATFORM OR OUR SERVICES. BY AGREEING TO THESE TERMS, YOU WILL BECOME SUBJECT TO A CLASS ACTION AND JURY TRIAL WAIVER.

      Unless otherwise indicated, these Terms and Conditions (“Terms”) apply to your use of and/or access to this website, wht.care, and any of its subdomains, and the mobile applications (together, the “Platform”) owned or operated by Warm Health Technology, Inc. (collectively, “PL Cares”, “PL HOPE” "we," "us," or "our"), including any portions thereof including those available only to members.

      Read these Terms carefully before you begin using the Platform. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE PLATFORM AND THE CONTENT AVAILABLE HEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND OUR PRIVACY POLICY [WHT Privacy Policy]. If you do not agree, you must not use the Platform.

      1.                   These Terms May Change; Other Terms May Apply

Note that these Terms may be updated and amended from time to time in our sole discretion, including by adding, deleting or modifying terms. For clarity, all updates are effective immediately when posted on any part of the Platform. Any user’s (defined below) continued use of the Platform after we have made changes to the terms is considered acceptance of those changes. Every time you wish to use the Platform, please check these Terms to ensure you understand the terms that apply to you at that time.

In addition, your use of the Platform may be subject to additional terms and conditions depending on the features you use. These will be disclosed to you before complete enrollment. If there is any conflict between these Terms and such additional terms and conditions, these additional terms shall govern with respect to the specific services provided thereunder.

2.                   Platform and Services Description

a.                   General Description; Disclaimers. PL Cares and PL HOPE are clinic-centered engagement in care programs that employ a tailored smartphone application with an embedded private social network to support people living with HIV (PWH) or Substance Use Disorder (SUD), and in some cases, other diseases, in achieving their care goals, such as improving attendance at clinic visits and promoting better personal health outcomes. The Platform provides self-monitoring tools, care coordination, educational resources, and a confidential community board for program clients (a “user”). PL Cares & PL HOPE aim to build skills and facilitate transmission of needs and preferences to appropriate clinical staff. Care providers work together to keep a user informed and to ensure effective referrals and transitions occur.

b.                   Our Services May Change. We reserve the right to make changes to how we operate our business, including any portion of the Platform, or by adding new services, modifying existing services, or suspending, discontinuing, or terminating your access to any or all portions of our services, at any time, in our sole discretion, and without notice to you. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform to users, including registered users.

c.                   Medical Advice. THE PLATFORM IS NOT INTENDED FOR OR APPROPRIATE TO USE IN THE EVENT OF AN EMERGENCY. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR HEALTH, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. If you’re having suicidal thoughts, call 1-800-273-TALK (8255) to talk to a skilled, trained counselor at a crisis center in your area at any time (National Suicide Prevention Lifeline) or call or text 988 to reach the 988 Suicide & Crisis Lifeline. If you are located outside the United States, call your local emergency line immediately.

We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read on the Platform. PL Cares and PL HOPE are not programs through which clinical diagnoses, treatment recommendations, or treatment are provided.

THE CONTENT ON THE PLATFORM IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR MEDICAL PROFESSIONALS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH TREATMENT MAY BE APPROPRIATE FOR YOU. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT ANY PARTICULAR TREATMENT OR OTHER INFORMATION ON THE PLATFORM IS ACCURATE OR SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.

d.                   Daily Usage. You will receive a number of check-ins through the Platform each day, such as: “Have you taken your meds yet?”; “What is your stress level right now?”; “How are you feeling?” Also, you will receive regular quiz questions on pop culture, general health, or living with HIV. Appointments will automatically display within the Platform. If you think an appointment is missing, please contact a staff member for assistance or manually add the appointment..

e.                   Community Board. The Community Board is a private social network space where users can share information anonymously, including posting comments or asking questions of other users. Please be aware that your use of the Community Board may reveal information about your health condition, including your HIV status, to other users.  Once information is shared on the Community Board, it cannot be retrieved and may be viewed by other users before it can be removed. Please respect the privacy of others posting on the Community Board. Please note that certain care providers will not have access to posts on the Community Board; the Community Board is not intended to be a means for you to communicate with your providers.

You acknowledge that your posts on the Community Board will be visible to other users. All posts will be considered non-confidential. You must not post or otherwise transmit any content on the Community Board that you consider to be confidential, including ¸ personally identifying information, health information (including HIV status), or financial information. You acknowledge and agree that when you view posts provided by others on the Community Board, you are doing so at your own risk. You acknowledge that posts have not been verified or approved by us, and that we have no obligation to pre-screen, monitor, review or edit any posts posted by you or other users on the Community Board. By using the Community Board, you may be exposed to content that is offensive, indecent, inaccurate, or objectionable. We take no responsibility and assume no liability for any such posts or content, including any loss or damage to your posts or content. The views expressed by other users on the Platform or any of our Services do not represent our views or values. If you wish to report concerns with posts posted by others, please contact us through the contact information provided below. 

Inappropriate postings, personally identifying information, profanity, or threats may be removed at our discretion. Please see Section 3(a) below [Registration and Security] with specific terms for Conduct and Behavior in connection with the Community Board.

3.                   Access and Use of the Platform

a.                   Registration and Security. Access to certain portions of the Platform is restricted to registered users. As part of our registration process, you must provide us with certain information. We use this information so that we can verify your identity and to allow you to make the full use of the services we provide through the Platform. Additionally, you might be required to provide personally identifiable information (“Personal Information”), which will be maintained and used by us as described by these Terms and our Privacy Policy. If you do not comply with these Terms at any time, we reserve the right to suspend, cancel, or terminate your password, user account, and/or use of and access to the Platform (or any part thereof). Personal Information includes certain medical information (e.g., CD4 and HIV viral load lab results) available through the Platform and subject to the Privacy Policy [WHT Privacy Policy]. You acknowledge that certain health information collected and maintained through the Platform, including HIV-related information, may be subject to federal and state laws that provide heightened privacy protections beyond those afforded under the Health Insurance Portability and Accountability Act (HIPAA). Such information will be handled in accordance with applicable federal and state law.

You agree, represent, warrant, and guarantee that all Personal Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering.

b.                   Accounts. In order to use the Platform, you must register for an account (“Account”). You must be at least eighteen (18) years old to register for and maintain an Account. You are required to have a username, password, and other accurate and complete information when you create an Account. Currently, the Platform is designed only for use by residents of the United States. We make no representations or warranties that the information or services provided through our Platform is appropriate for access or use in other jurisdictions. The Platform is not designed for use by minors. If you are under eighteen (18) years of age and living with HIV, your parent or legal guardian must register for the Account on your behalf and consent to these Terms. The collection, use, and disclosure of a minor’s health information is subject to additional protections under applicable federal and state law. Update your information on an ongoing basis. You will be solely responsible for your Account and for any activity that occurs with your Account. We may require you to change your username at our sole discretion, including if we believe your chosen username violates these Terms.

c.                   Account Security. You are solely responsible for any activity that takes place with your Account, whether or not you have authorized such activities or actions, and for maintaining the confidentiality and security of your Account information, including passwords. You acknowledge that your Account is personal and you hereby agree not to provide any other person with access to the Platform your username, password, or other security information required to access your Account. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen, someone has attempted to use the Platform through your Account without your consent or your Account has been accessed without your permission). You agree that you will never use another user’s Account for any reason without that user’s prior written permission. You may not transfer or assign your Account. A user who is provided with, or who has provided during the course of registration, a username, password, or any other piece of information as part of the Platform’s security procedures, must treat such information as confidential and the user must not disclose it to any other person or entity. We recommend that you do not use or access the Platform on any public computer. We also recommend that you do not store your password through your web browser or other software.

d.                   General Limitations on Use; Prohibited Activities. The Platform may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Platform and its content. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Platform:

 i.  Violate these Terms or any other terms that might apply, or otherwise breach any applicable laws or regulations;

 ii.  use the Platform to collect, store, or distribute personal information about other users without their express permission;

iii.  perform any fraudulent activity, including knowingly include or use any false or inaccurate information in any profile, impersonating any person or entity, claiming false affiliations;

iv. sell or offer, or do any activity that can be construed as an attempt to sell or offer: (i) pornography and other obscene materials, or sexually-related services (ii) unproven or risky health products or services, (iii) counterfeit goods or services, or goods or services that are illegally imported or exported or which are stolen, (iv) deceptive or predatory products or services, or (v) any other risky goods or services, as determined by us in our sole discretion;

v.  circumvent, disable, or otherwise interfere with security-related features on the Platform or features that prevent or restrict use or copying of any content;

vi.  use any automated or programmatic method to extract data or output from the Platform or our services or network, including scraping, web harvesting, or web data extraction;

vii.  attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Platform;

viii.  take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Platform;

ix.  transmit or upload any material to the Platform that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;

 x.  Send unsolicited mail or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation;

 xi.  attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Platform;

xii.  use the Platform in any way that competes with us; or

xiii.  encourage, collaborate, or instruct any other person or entity to do any of the foregoing.

ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE PLATFORM, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.

e.                   Conduct and Behavior. As a condition of use of the Platform, you agree to maintain a positive sense of decorum in all of your interactions with other users on the Platform. You agree to maintain a courteous and professional rapport with other users, including but not limited to, avoiding profanity, rudeness, insults, scandalous words or actions, or otherwise inappropriate behavior, during your use of the Platform. You also agree not to post, upload, create or publish through the Platform (including through the Community Board) any User Content that, as determined in our sole discretion, contains any of the following:

i.            harmful, inflammatory, threatening, discriminatory, abusive, harassing, defamatory, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material, or material intended or likely to cause annoyance, inconvenience, embarrassment, or needless anxiety;

ii.            material or content that is illegal or unlawful, or that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law;

iii.            confidential or proprietary material, and you understand that any content you upload to the Platform will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute, and disclose any such content for any purpose, subject to these Terms and our Privacy Policy;

iv.            deceptive, fraudulent, or misrepresentative material, or material that you know to be false, inaccurate, or otherwise untrue;

v.            content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);

vi.            content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);

vii.            unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Platform, or interfere with the access of any other user to the Platform;

viii.            information about any person other than yourself, unless you have ensured such person understands how their information will be used pursuant to our Privacy Policy [WHT Privacy Policy] and that you have their permission to provide the information on our Platform on their behalf, and you understand that by providing their information to us, you are warranting this to be the case. You must not disclose another person’s HIV status or other sensitive health information on the Platform without that person’s express written consent;

ix.            any content that otherwise does not comply with any provision in these Terms.

                ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE PLATFORM, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW. WE ARE NOT RESPONSIBLE FOR CONTENT POSTED BY OTHER USERS THAT VIOLATES THESE TERMS, AND WE EXPRESSLY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THE PLATFORM OR TO RETAIN THE CONTENT ON THIS PLATFORM, UNLESS OTHERWISE AGREED.

Without limiting the foregoing, although we are not obligated to monitor access to or use of the Platform or to review or edit any User Content (as defined below), we have the right to do so for the purpose of operating the Platform, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We have the right to remove any User Content that you upload or publish if we determine, in our sole discretion, that your User Content does not comply with the above standards, or in response to complaints from other users or third parties, with or without notice and without any liability to you. Notwithstanding the foregoing, we will not disclose any information that would reveal your HIV status or other sensitive health information to third parties except as permitted by applicable federal and state law, including applicable HIV confidentiality laws. We also have the right to disclose your identity to any third party who is claiming that your User Content is a violation of their intellectual property or privacy rights, or as necessary to consult and cooperate with law enforcement authorities to prosecute users who violate the law, subject to applicable health privacy laws.

4.                   Intellectual Property

a.             Platform. The Platform, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials. For purposes of clarity, we own the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within our database(s) as part of the Platform. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All content on or associated with the Platform is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on the Platform without our prior, express, and written permission.

           You do not and will not acquire any intellectual property rights in the Platform, including the content published therein, by your use of the Platform. When you use our Platform, you may access intellectual property rights that we, our licensors, or third parties own or license. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Platform and to download and print any content provided by us, solely for your personal and non-commercial purposes. Except for the limited use set forth in the preceding sentence, you may not copy, download, republish, distribute, reproduce, post, upload, transmit, transfer, prepare derivative versions or works, or otherwise use any of the information contained on this Platform in any form. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.

b.             User Content. If you post or upload any content, data or other materials to the Platform, or if you engage with any posted content in the Platform, including but not limited to, by commenting or liking anyone else’s posted content (together, “User Content”), then you represent and warrant to us that you own all right, title and interest in your User Content, and that you have the authority or license to post, upload or otherwise share your User Content with us. You retain all ownership rights in your User Content, but by posting, uploading or otherwise submitting any User Content to the Platform, you grant us a non-exclusive, transferable, unlimited, worldwide, perpetual, irrevocable, sub-licensable and royalty-free license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and store that User Content (i) for us to improve, maintain and provide the Platform and services, (ii) to make it available to third parties, including your clinic and/or other users, depending on the features that you are using, and (iii) for internal business purposes including operational analytics and reporting. Notwithstanding the foregoing, any User Content that constitutes protected health information (including HIV-related information) will be used, disclosed, and maintained only as permitted by applicable federal and state health privacy laws, including but not limited to HIPAA and applicable state HIV confidentiality laws. In the event of a conflict between this license and applicable health privacy laws, the health privacy laws shall control. All uses of your User Content are subject to our Privacy Policy.

c.             Feedback. If you send or transmit any communications, comments, questions, suggestions, or other related content to us, whether through the Platform, by engaging with us on social media, by mail, email, telephone, survey or otherwise, suggesting or recommending changes, enhancements, or improvements to the Platform or our services (“Feedback”), then you hereby grant us a non-exclusive unrestricted, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use your Feedback in any manner and for any purpose to provide, optimize, improve, promote, enhance or market our services, and to create new products and services, without any compensation to you.

d.             DMCA.

Digital Millennium Copyright Act (17 U.S.C. § 512); Copyright Infringement

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy [WHT DMCA Policy] in the manner and by the means set forth therein. We have filed notice of our Designated Agent with the U.S. Copyright Office.

If you believe that any user Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.

5.                   Security

You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Platform to reconstruct any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Platform or to your downloading of any material posted on it, or on any third-party website linked to it.

6.                   Third Party Websites and Social Media

The Platform may contain links to other websites on the Internet, and which are not maintained by us and are provided for your convenience only. When you leave the Platform, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites. We will not share your health information with third-party websites without your consent or as required by law. YOU ACKNOWLEDGE THAT WARM HEALTH TECHNOLOGY, INC. SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY, OR IN CONNECTION WITH, YOUR RELIANCE ON ANY INFORMATION, ANY GOOD, ANY SERVICE, OR ANY OTHER MATERIAL PROVIDED THROUGH A THIRD-PARTY WEBSITE.

Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.

7.                   Reliance; Disclaimer; Liability

a.                   Reliance on Information Posted. You assume any and all risk for decisions based on information contained within the Platform. The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place, or decisions you make, on such information is strictly at your own risk. We disclaim any and all liability and responsibility arising from any reliance placed on materials of this Platform by you or any other user, or by anyone who may be informed of any of its contents.

b.                   NO WARRANTIES. THE PLATFORM, SERVICES, AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WARM HEALTH TECHNOLOGY, INC., TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN THE PLATFORM. WE DO NOT WARRANT THAT THE PLATFORM WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE.

                THE PLATFORM, SERVICES, AND CONTENT ARE DEVELOPED FOR USE IN THE UNITED STATES AND WE AND OUR LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.

c.                   LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE WARM HEALTH TECHNOLOGY, INC., TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE PLATFORM. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS YOU TAKE WHILE USING THE PLATFORM. YOU RECOGNIZE THAT YOUR USE OF THE PLATFORM AND ANY SUBSEQUENT ACTIONS ARISING FROM YOUR USE OF THE PLATFORM ARE TAKEN SOLELY AT YOUR OWN RISK.

                IN NO EVENT WILL WARM HEALTH TECHNOLOGY, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE PLATFORM OR ANY WEBSITES LINKED THERETO, ANY CONTENT ON THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, ANY PROVISION OF THESE TERMS, OR ANY PRACTICE OR POLICY OF OURS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE PLATFORM. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

8.                   Indemnification

                You will indemnify, defend, and hold harmless Warm Health Technology, Inc., our licensors and affiliates and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters: your use of the Platform, including but not limited to the content it contains, your violation of any of the provisions of these Terms, including any activity related to your Account by you or any other person accessing the Platform through your Account that is in violation of these Terms; or your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right, other than that the Platform violates such third-party rights.

              You may not settle any such claim or matter without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

9.                   Waiver of Jury Trial and Class Action

                THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY LITIGATION, SUIT, OR PROCEEDING, IN ANY COURT WITH RESPECT TO, IN CONJUNCTION WITH, OR ARISING OUT OF THESE TERMS OR THE PRIVACY POLICY OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION OR ENFORCEMENT THEREOF, AND/OR PERFORMANCE OF THE PLATFORM. THE PARTIES FURTHER AGREE THAT ANY LITIGATION, SUIT, OR PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

10.               Failure to Comply with Terms; Termination

We may suspend or terminate your Account, and/or deny you access to use the Platform, or any of our services, without prior notice, if you engage in any conduct that we believe, in our sole discretion, (i) violates any part of these Terms, (ii) violates our rights or those of third parties, (iii) fails to comply with any laws or regulations, or (iv) is inappropriate. These Terms will continue to apply even if you are suspended or terminated. Upon termination, we will retain your information as described in our Privacy Policy and as required by applicable law.

You have the right to terminate these Terms by reaching out to your care team directly or to us using the contact information below to deactivate your Account. Please note that there may be prerequisites to your ability to terminate depending on the arrangement we have with your clinic, or if other terms or conditions apply to your use.

11.               COPPA Notice

THIS SITE IS NOT INTENDED FOR USERS WHO ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE. You can learn more about our compliance with the Children’s Online Privacy Protection Act (“COPPA”) by reviewing our Privacy Policy [WHT Privacy Policy].

12.                  Relationship with Healthcare Providers. Your use of the Platform is facilitated through your relationship with a participating healthcare provider or clinic (your “PL Cares or PL HOPE Provider”). Your PL Cares or PL HOPE Provider is responsible for providing you with clinical care and treatment. We provide technology services to support your PL Cares or PL HOPE Provider in delivering care to you. We may receive, maintain, and transmit certain health information on behalf of your PL Cares or PL HOPE Provider as a business associate under HIPAA. Our use and disclosure of protected health information received from or on behalf of your PL Cares or PL HOPE Provider is governed by our Business Associate Agreement with that provider and applicable law, and not solely by these Terms. For questions about how your PL Cares or PL HOPE Provider uses and protects your health information, please contact your PL Cares or PL HOPE Provider directly.

13.                   Additional Terms

a.                   Governing Law and Venue. These Terms shall be construed, governed, and enforced under the laws of the United States and the State of Virginia (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to these Terms, shall be in a federal or state court of competent jurisdiction located in Virginia. Each party to these terms waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.

b.                   Amendment. We may, without notice to you, assign these Terms and all of its right, title and interest hereunder to another entity. You may not assign, transfer, sublicense or otherwise delegate your rights or obligations under these Terms to any other person without our prior written consent.

c.                   Severability. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect.

d.                   Waiver. No waiver of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision shall not constitute a waiver of such right or provision.

e.                   Entire Agreement. These Terms, along with the Privacy Policy, represent the entire understanding and complete agreement by and among you and Warm Health Technology, Inc. BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS.

14.                   Contact Us

To ask questions or comment about these Terms, you may contact us at: support@wht.care

The PL Cares word mark and logo are registered trademarks of Warm Health Technology, Inc in the US.