Last Updated: May 9, 2024BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU AGREE TO THESE TERMS OF USE,
AS MAY BE UPDATED FROM TIME TO TIME. PLEASE READ THEM CAREFULLY. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND
BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE OR ANY OF THE SERVICES.YOU MUST BE 18 YEARS OF AGE OR OLDER TO ACCESS OR USE THE SITE. BY USING THE SITE,
YOU REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU USE THE SITE AS THE PARENT OR LEGAL GUARDIAN ON
BEHALF OF A MINOR, YOU WILL BE FULLY RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE.THIS SITE, ITS INFORMATION AND ANY OFFERED SERVICES DO NOT REPLACE YOUR
RELATIONSHIP WITH ANY PHYSICIAN OR QUALIFIED HEALTHCARE PROVIDER. THIS SITE AND THESE SERVICES MIGHT NOT BE
APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR
MENTAL HEALTH CRISIS, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT ACCESS THE SITE OR USE THE SERVICES FOR
EMERGENCY OR CRISIS CARE.THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION. UNLESS YOU
TIMELY OPT-OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US
ARISING OUT OF OR RELATED TO THESE TERMS OF USE, OR YOUR USE OF THE SITE OR THE SERVICES WILL BE RESOLVED BY
BINDING, FINAL ARBITRATION. YOU FURTHER WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION
LAWSUIT OR CLASS-WIDE ARBITRATION.
Introduction
These Terms of Use (“Terms of Use”) are applicable to your access and use of the websites located at joinyara.com
(collectively, the “Site”) and any materials,
information, products or services provided through the Site (collectively, the
“Services”). The Site and Services are operated by or on
behalf of WG Holdings Corp. and its owners and affiliates (collectively “Company,” “our,”
“us,” or “we”) or contracted by or to Company and provided by a third party (collectively
“Third Parties”).Your access to and use of the Site and the Services are subject to the terms,
conditions and notices contained in or referenced in these Terms of Use, as well as any other written
agreement between us and you, and applicable law. In addition, when using particular Services on the Site, you
will be subject to any posted rules applicable to those Services that may contain additional terms and
conditions. We may revise these Terms of Use and any additional terms and conditions at any time, and such
revisions will take effect immediately upon posting on this Site, unless we state otherwise. Please check this
Site periodically for updates.
Privacy Policy
Our Privacy Policy, located at joinyara.com/privacy, is made a part of these
Terms of Use and is incorporated herein by reference. By accepting these Terms of Use, you agree to our
collection, use and disclosure of information as described in these Terms of Use and/or the Privacy Policy,
both of which may be modified from time to time.
MEDICAL DISCLAIMERS: Not Medical Advice
By requesting a consultation for professional services with a provider through
the Site, you are requesting to enter into a clinician/patient relationship with a licensed provider
(“Provider”), who will be solely responsible for the
provision of professional medical services. You will only receive care once a bona fide clinician/patient
relationship with a professional is established by mutual acceptance. You agree that you will be financially
responsible for the Provider’s professional services.We make no representation or warranty as to the content or quality of any
treatment decision, recommendation or response from any Provider. Providers utilize the Site to connect with
you. Providers do not render services on behalf of Company. You and the Provider are solely responsible for
all information and/or communication sent during a telephone or web video consultation, secure email or other
communication, and the subsequent result. We do not make any representation that a telephone or web video
consultation or secure e-mail is the appropriate course of treatment for your particular health care situation
or needs. You acknowledge and agree that this Site is not a replacement for your existing relationship with
your physician or healthcare provider. You will contact your physician immediately should your condition
change or your symptoms worsen. If you require emergency care, you will contact your local emergency services
immediately.Company makes certain general educational resources available to you and
facilitates your access to telehealth and pharmacy services. Any content or information provided by us or
accessible through the Site and Services (collectively, “Content”) is for informational and educational purposes only. The Content is not intended
to be a substitute for professional medical advice, diagnosis or treatment. Our Service(s) and Content are not
intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or
prevention of any condition or disease. Our Services do not and are not intended to constitute the practice of
medicine or any other licensed profession, and do not create a patient-provider relationship between you and
the Company.Company is independent from the Providers who render telehealth services and we
are not responsible for such Providers’ acts or omissions or for any content of the communications made by
them. We do not engage in the practice of any licensed profession. By accepting the Terms of Use and/or using
the Site and Services, you acknowledge and agree that Company does not provide professional medical services,
is not a healthcare provider, does not hire healthcare providers and that by using the Site and Service, you
are not entering into a provider-patient relationship with Company.You further understand and agree that after reviewing your personal information,
the healthcare provider, in their independent professional judgment, will determine whether to prescribe
medication, other treatments or, alternatively, recommend that you consult with an alternative clinical
resource. We do not recommend or endorse any specific prescription drug, product, healthcare provider or
pharmacy that may be mentioned on the Site. Reliance on any information provided by us, our employees or Third
Parties is solely at your own risk.
Our Services
Telehealth Consultations and Related Services: We provide a technology platform that allows you to access telehealth services,
which is a mode of delivering healthcare services via communication technologies (e.g., Internet or cell
phone) in order to facilitate diagnosis, consultation, treatment, education, care management and
self-management of a patient’s healthcare (collectively, “Telehealth Services”). Before engaging in Telehealth Services, you must first agree to the Telehealth
Services Consent Form. The Telehealth Consent Form can be found atjoinyara.com/telehealth, and its terms and conditions are incorporated herein by reference.There is no guarantee that a patient will be treated by a Provider. As
determined by the Provider, telehealth care or specific treatments may not be appropriate for each patient.
Each Provider reserves the right to deny care for any reason if, in the professional judgment of the provider,
the provision of Services is not medically or ethically appropriate. There is no guarantee that a patient will
be issued a prescription or that the decision of whether a prescription is appropriate will be made in the
professional judgment of the Provider.Pharmacy and Fulfillment Services: Company does not guarantee a prescription will be issued by a Provider. It is up to
the Provider to recommend the best treatment for you. If a Provider determines a prescription product is
appropriate for you and issues a prescription, you will receive information about your options for filling the
order. You, as the patient, have the ability to direct your prescription to any pharmacy of your choosing.
However, certain preferred pricing may only be available at participating pharmacies, and Company will not be
responsible for any additional costs that you incur by selecting a different pharmacy. Please email
[email protected] if you would like to use your own pharmacy before completing your order.Third-Party Service Providers. You
acknowledge and agree that certain Services or aspects of the Services may be provided by Third Parties,
including Telehealth Services or fulfillment of prescriptions by pharmacies. We do not guarantee the quality
of the Telehealth Services or products offered by any Third Party, including but not limited to any pharmacy,
medical provider or vendor, and we specifically disclaim any and all liability for the Telehealth Services and
products offered or provided by any Third Party. Our Site and Services do not constitute advice on how to
manage your overall prescription drug costs or your health. Please note that we have no control over how your
medication is provided.
Restrictions
The Site and the Services may be used only for your personal, non-commercial
use. Use of the Services is voluntary. You will comply with all applicable laws, rules, statutes, ordinances
and regulations regarding your use of the Site and the Services. We reserve the right to disable or modify the
Site or the Services, or any specific features or functionality thereof, for any reason and at any time,
without notice or liability to you.When using the Site and the Services, you will not (a) take any action that
interferes with the proper working of the Site, compromises or circumvents the security of the Site or the
Services or otherwise damages the Site or any materials and information available through the Site; (b) use
the Site or the Services to solicit the performance of any illegal activity or other activity that infringes
upon or violates our rights or the rights of others; (c) attempt to gain unauthorized access to any portion or
feature of the Site or the Services, to any other systems or networks connected to the Site or to any of our
servers or to any of the Services offered on or through the Site, including but not limited to by hacking,
password mining or any other unauthorized means; (d) probe, scan or test the vulnerability of the Site or any
network connected to the Site; (e) attempt to breach the security or bypass the authentication measures on the
Site or any network connected to the Site; (f) upload or transmit any viruses, files or programs designed to
interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications
equipment to the Site; (g) use the Site or the Services in any way where the purpose is to reveal any
information, other than your own information, or the information of a person in which you are legally
authorized under applicable law to manage his or her care (such as a child or parent), or information that we
make available to you through the Site; (g) use any automated means to collect information or content from or
otherwise access the Site, including but not limited to through the use of technical tools known as robots,
spiders or scrapers, without our prior permission; or (h) create or develop competing products or services or
for any other purpose that is to our detriment or disadvantage.At all times, you must (a) provide accurate and current information; (b)
maintain and promptly update such information to keep it accurate and current; and (c) be financially
responsible for your use of the Site and its Services. You must not provide information that attempts to
impersonate another individual.You agree that we may at any time, and at our sole discretion, terminate your
access to the Site without prior notice to you for violating any of the above provisions.
Payments
You agree to pay all fees due for Services that you elect, pursuant to all
payment terms presented to you when engaging in each transaction. Prices are subject to change at any point in
our sole discretion. You will see a prompt for your payment details, such as your credit card information and
any promotional codes you may have. By entering your payment information and submitting your request, you authorize
Company or our Third-Party service providers or payment processors to charge the amount due and to retain
credit card information to be used as a form of payment for fees incurred, including for late cancellations,
missed appointments, returned checks, failed payments, past due account balances, fees associated with
subsequent medical services and/or recurring or subscription payments. Company may, in its sole discretion,
use Third Parties to collect and process your payment, including DirectRx.AI Technologies LLC. You understand and agree that you are responsible for all fees due to receive
the selected Services, and any other products or services you elect in connection with the Services. There may
be certain services, like lab fees or other providers that you engage with through Third Parties, that are not
covered by the prices quoted to you by us. You may be separately charged by the applicable healthcare
organization(s) and/or provider(s) for such services. In the event that your credit card expires or we or our
Third-Party service providers or payment processors are unable to process your payment, you may receive notice
for you to provide an alternative payment method. We and/or our Third-Party providers have no obligation to
provide any Services to you unless and until full payment has been received and/or verified. You are
responsible for keeping your payment information (such as credit card number and billing address) accurate and
up to date at all times.Certain products or aspects of the Services may be offered on a subscription or
recurring basis ("Subscription Services"). For
Subscription Services, your payment method will be automatically charged at regular intervals as described
during the checkout process for the applicable Subscription Services. You may cancel any or all Subscription
Services at any time pursuant to the applicable terms of such Subscription Services by sending us an email at
[email protected]. You will continue to have access to the Subscription Services through the end of your
applicable billing period.NOTICE: We do not accept commercial health insurance plans, we are not
in-network with any commercial health insurance plans and we are not enrolled with federal or state healthcare
programs, such as Medicare and Medicaid. By choosing to use the Services, you understand that you are
obtaining products and services on a cash-pay basis. Thus, you are solely responsible for the costs of any
Services or products provided to you through the Services. Accordingly, you will not submit a claim for
reimbursement to any federal or state healthcare program for the costs of the services and products provided
to you through the Services.EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN OR REFUND POLICY PROVIDED TO YOU,
YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES FACILITATED THROUGH THIS SITE,
ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL
CHARGES TO YOUR ACCOUNT.
User Data
You acknowledge and agree that certain Services provided through the Site depend
on information that you input into the Site. We are not responsible for the quality or accuracy of such
information or the Services provided as a result of any inaccurate or incomplete information provided by
you.Except as provided in the applicable Privacy Policy or as required by applicable
privacy laws and regulations, any information that you provide to the Site or through the Services, including,
but not limited to, your answers to any questions posed on the Site and any other data, communications,
comments or suggestions or other feedback that you submit will be treated as non-confidential and
non-proprietary and will become the property of Company or its Third-Party service providers (all such content
and data, the "User Data"). Except as provided in the
Privacy Policy or as required by applicable laws, User Data may be used by Company and its Third-Party service
providers for any purpose, including payment collection, solicitation, disclosure, transmission, publication,
broadcast, reproduction and posting, without compensation to you. Subject to the Privacy Policy and applicable
laws, you hereby grant us, our Third-Party service providers and our successors and assigns a non-exclusive,
royalty-free, transferable and sublicensable right and license to use, reproduce, modify, analyze, perform,
display, distribute, make derivative works of and otherwise disclose any such User Data for any purpose,
including providing the Services to you, marketing the Services, creating or improving the Services or the
Site, complying with applicable laws or enforcing these Terms of Use, our Privacy Policy or other contracts
with you. We may also use or disclose User Data to the extent necessary or helpful to protect Company,
including fraud protection or spam or malware detection and prevention.You understand that the uploading of information to your personal computer or
mobile device in connection with the Site and submitting information to the Site is at your own risk and that
we are not responsible for unauthorized access to or use of any personal or other information. You understand
that the security and safety of your computers and devices are your sole responsibility.
Electronic Communications
We may allow you to request and receive information and coupons via electronic
communications including, but not limited to, text messaging and email. When you use the Site or the Services
or send text messages or email to us, you are communicating with us electronically. By using the Site and the
Services and/or requesting pricing and other information and coupons from us, you are consenting to be
contacted with prescription-related information and to receive communications from us electronically by SMS or
text messages, emails or by posting notices to the Site. You acknowledge that texting and email are not secure
methods of communication and that there may be some risk that the information in the communication(s) could be
read by an unauthorized third party. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically will satisfy any legal requirement that such
communications be in writing. Moreover, you agree that you are responsible for all phone and data charges you
incur through the use of the Site or the Services.
Accounts and Security
You may be required to create an account to access and use certain parts of the
Site and/or the Services. You will provide information that is accurate, complete and correct, and you will
update such information as necessary from time to time. You will not allow another person to use your account
and you will keep your account credentials confidential at all times. You are responsible for all activities
that occur under your account. You may not transfer or share your password with anyone, or create more than
one account. You may not use anyone else's account at any time. We explicitly disclaim liability for any and
all losses and damages arising from your failure to comply with this section.
Intellectual Property
All content included in, or made available through, the Site or the Services,
such as text, graphics, logos, designs, data, button icons, images, audio clips, digital downloads, data
compilations, specialized content, technical data, documentation, information, resources, materials, know-how
and software, along with the compilation of such content, (collectively, the “Site
Content”) is the property of Company or its content suppliers, is
protected by United States and international copyright laws and may be subject to other intellectual property
protections, including patent and trademark rights. You may not (a) modify any of the Site Content accessed by
you or provided to you through the Site or the Services; (b) copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from the Site Content, the Site or the Services; (c) use
the Site Content to create competing website or service; or (d) transfer or sell any Site Content without the
express written permission of Company in each instance. Except as authorized under applicable laws, you are
responsible for obtaining permission before reusing any copyrighted material that is available on the Site.
The Site, the Site Content and all related rights will remain the exclusive property of Company or its
licensors unless otherwise expressly agreed.All graphics, icons, logos, design marks, trade names and service names may
constitute the registered or otherwise protected trademarks or service marks of Company or its Third-Party
service providers, as applicable. All other trademarks or service marks are the property of their respective
owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo and/or the
name of Company or its Third-Party service providers.
Marketing and Third Parties
Regardless of whether you have chosen to opt out of certain marketing offers
from us, by using the Site and the Services, you agree that we may market our Services and the services of
other Third Parties on the Site, including through the use of banner ads, hyper-links and other similar
marketing devices. Services and products offered will be at our sole discretion and may be provided by us
and/or Third Parties. Such Third Parties are solely responsible and liable for the provision of or failure to
provide stated services, benefits or products. We do not legally endorse or guarantee products or services
provided by Third Parties.Our Site may include links to external Third-Party websites and online services
that are not under our control. We are not responsible for the collection, use and disclosure of your
information on those websites and other online services provided by those Third Parties. We encourage you to
review the privacy policies and terms of use applicable to each such Third-Party website and other online
services you visit. The inclusion of links to external Third-Party websites and online services does not imply
endorsement of, or association with, such websites and online services by us, or any warranty of any kind,
either express or implied.Please be aware that Company or its shareholders, directors, officers,
employees, contractors or agents may have a financial interest in one or more Third Party service providers
and may receive compensation from your use of the Third Parties or their goods and services.Any disputes between you and other users of this Site or any Third Parties are
not the responsibility of Company.
Disclaimer of Warranties
WE PROVIDE ACCESS TO THE SITE AND SERVICES, INCLUDING SERVICES PROVIDED BY THIRD
PARTIES, “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SITE
AND THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICE OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO
WARRANTY REGARDING ANY SERVICES OR PRODUCTS PURCHASED THROUGH THE SITE OR THE SERVICES OR THROUGH HYPERLINKED
SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.WE DO NOT WARRANT THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR
FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE SERVICES OR THE CONTENT AND
MATERIALS AVAILABLE THROUGH THE SITE AND SERVICES. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE
ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, ALERT, NOTIFICATION OR
OTHER MATERIAL OR DATA DISPLAYED OR UPLOADED OR DISTRIBUTED THROUGH THE SITE AND/OR SERVICES. WE RESERVE THE
RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE AND SERVICES. WE DO NOT GUARANTEE OR WARRANT THAT THE
SITE AND/OR SERVICES OR CONTENT OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SITE OR THE SERVICES DO NOT
CONTAIN VIRUSES, WORKS, TROJAN HORSES OR OTHER DESTRUCTIVE MATERIALS, AND WE ARE NOT LIABLE FOR ANY DAMAGES OR
HARM ATTRIBUTED TO SUCH FEATURES. IF YOU RELY ON THE SITE AND/OR THE SERVICES AND ANY CONTENT AND MATERIALS
AVAILABLE THROUGH THE SITE AND THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICES OR CONDUCT OF PROVIDERS OF
THIRD-PARTY SERVICES. BY USING THIRD PARTY SERVICES, YOU HEREBY WAIVE AND RELEASE ANY CLAIMS AGAINST US FOR
ANY AND ALL RESPONSIBILITY OR LIABILITY TO ANY DAMAGE, OR ANY OTHER CLAIM, THAT MAY ARISE FROM OR IN
CONNECTION WITH YOUR USAGE OF THE THIRD-PARTY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF
THE SITE AND THE SERVICES OR INFORMATION, AND HYPERLINKED SITES. SERVICES AND INFORMATION PROVIDED BY
HYPERLINKED SITES OR THIRD PARTIES MAY BE SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS OF THOSE
PROVIDERS.
Limitations of Liability
WE CANNOT AND DO NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF,
THE SITE AND SERVICES. BY ACCESSING THE SITE AND SERVICES, YOU AGREE TO HOLD HARMLESS AND WAIVE ALL CLAIMS
AGAINST US AND OUR RELATED PARTIES AND THIRD PARTIES REGARDING THE INFORMATION PROVIDED AND YOUR USE OF IT. IN
ADDITION, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR OUR RELATED PARTIES BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES – EVEN IF WE OR THEY HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES – OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT
LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT OR
OTHERWISE) REGARDLESS OF OUR NEGLIGENCE OR WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION
(WHETHER TORT, CONTRACT OR OTHERWISE) EXCEED IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF
LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF COMPANY AND TO ALL OF OUR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY LAW.
INDEMNIFICATION
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND ITS RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS,
COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES AND COSTS (INCLUDING WITHOUT
LIMITATION ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS; (B)
YOUR MISUSE OF THE CONTENT, SITE OR SERVICES; (C) YOUR ACTS OR OMISSIONS, WHETHER OR NOT THEY RISE TO THE
LEVEL OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; AND (D) YOUR BREACH OF THESE TERMS OF USE OR ANY OTHER TERMS
APPLICABLE TO THE SERVICES OR THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE
DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING
INDEMNIFICATION).
Changes to These Terms of Use
We reserve the right to modify these Terms of Use, in whole or in part, at our
own discretion at any time. Modifications will be effective immediately upon the linking of modified Terms of
Use to the Site. Please check the “Last Updated” date on this page to determine if these Terms of Use have
been modified since you last reviewed them. Your continued use of the Site or the Services after that date
means you agree to the updated Terms of Use.
Access or Use Outside the United States
Although the Site may be accessed by any user worldwide, the Site and Services
are intended only for use by United States residents and therefore may not comply with legal requirements of
foreign countries. Users residing outside of the United States and its territories are not permitted to
register or to use the Services, and, if you access the Site from outside of the United States, you do so at
your own risk and you are solely responsible for compliance with local laws, including export control
laws.
Termination; Survival
These Terms of Use will remain in force so long as you use the Site and the
Services. The Terms of Use will terminate when you discontinue use of the Site and the Services. Upon
termination or cancellation, your rights of participation in the Services will automatically terminate, and
you must immediately stop use of the Site and the Services. We may terminate or suspend any of the rights
granted by these Terms of Use and your access to or use of the Services with or without prior notice and for
any reason, including for violations of these Terms of Use or any other terms between you and us. Any sections
of these Terms of Use that by their nature are intended to survive, will survive termination or
cancellation.
Governing Law
These Terms of Use are to be governed by and construed in accordance with the
laws of the State of New York, exclusive of its choice of law rules.
Binding Arbitration
If you have an issue or dispute, we will try to resolve your concerns. But if we
are unsuccessful, you may pursue claims as explained in this Section. You agree to give Company an opportunity
to resolve any Disputes (as defined below) informally by contacting us at [email protected]. If we are not
able to resolve your Dispute within sixty (60) days after the day we confirm receipt of your written notice,
you may seek relief through final, binding arbitration, as set forth below.Except as specifically stated in this Section, any dispute, claim or controversy
between you and Company and/or any of its shareholders, officers, directors and employees (collectively, the
“Company Entities”) arising out of, relating in any way
to, or in connection with the Terms of Use, the Site or your use of the Site or the Services or your User
Data, including those that arose before you accepted these Terms of Use (collectively, the
“Disputes”), will be resolved exclusively by final,
binding arbitration. By virtue of this Section, you and Company are each giving up the right to go to court
and have a Dispute heard by a judge or jury (except as otherwise set forth in these Terms of Use). The
provisions of this Section will constitute your and Company’s written agreement to arbitrate Disputes under
the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA"), including its procedural provisions, in all respects. This means that the FAA
governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its
provisions, including, without limitation, the class action waiver set forth in these Terms of Use. State
arbitration laws do not govern in any respect. Further, you and Company each agree that the Terms of Use
evidence a transaction involving interstate commerce and will be governed by and construed in accordance with
federal law to the fullest extent possible.To begin an arbitration proceeding after complying with the informal dispute
resolution provisions described above, you must submit file an arbitration claim tobe resolved through arbitration administered by the American Health Law Association
(“AHLA”) Dispute Resolution Service and conducted pursuant to
the AHLA Rules of Procedure for Arbitration, which can be found at americanhealthlaw.org. You must also give
notice to Company via email at [email protected].If you commence an arbitration in accordance with these Terms of Use, you will
be required to pay half of AHLA’s filing fee. You will not be responsible for paying any other fees for the
arbitration, other than your portion of the filing fee; all other fees or expenses charged by AHLA will be
paid by us (unless the arbitrator finds that either the substance of your claim or the relief sought is
frivolous or brought for an improper purpose). Further, if AHLA determines that you are unable to pay any part
of the filing fee, we will pay that part too.The following rules and procedures will apply to any arbitration proceeding
brought under these Terms of Use:
Any arbitration will be
administered by relevant rules of the AHLA, except as modified by these Terms of Use.
The arbitration will be conducted
by a professional arbitrator(s) with substantial experience in resolving similar disputes. The
arbitrator(s) will be selected pursuant to AHLA’s standard process.
Unless applicable law provides
otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any
documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and
the arbitration award—will be confidential and will not be disclosed to any third party, except as
necessary to obtain court confirmation of the arbitration award.
Any question or matter of arbitrability of a Dispute will be determined by the
arbitrator(s) assigned to, or chosen for, the Dispute. For clarity, this means any determination of whether a
Dispute will be governed by arbitration will be determined solely by the arbitrator(s) and not in a court of
law or other judicial forum. Company and you agree and acknowledge that they are waiving their right to seek a
determination of arbitrability in a court of law or other judicial forum.If you do not wish to resolve Disputes by binding arbitration as set forth in
this Section, you may provide us with written notice of your election to opt-out by emailing [email protected] within ten (10) days of
your first visit to this Site. If your opt-out notice is timely received, you agree that any Disputes will
instead be exclusively brought in and decided by the state and federal courts located in New York County, New
York.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Jury Trial Waiver
You and Company each acknowledge and agree that, if for any reason a Dispute
proceeds in court rather than in arbitration, each party waives any right to a jury trial.
No Class Actions
YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST COMPANY IN YOUR INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,
unless both you and Company agree in writing, the arbitrator(s) may not consolidate more than one person's
claims and may not otherwise preside over any form of a representative or class proceeding.
Time Limitation on Claims
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU MUST COMMENCE A DISPUTE
AGAINST COMPANY BY DELIVERY OF A NOTICE OF ARBITRATION OR COMMENCE A LAWSUIT WITHIN ONE (1) YEAR AFTER THE
EVENT GIVING RISE TO THE DISPUTE OCCURS, OR YOU AGREE THAT IT WILL BE FOREVER BARRED.
Equitable Relief
You agree that any violation, or threatened violation, by you of these Terms of
Use will cause Company irreparable and unquantifiable harm. You agree that monetary damages would be
inadequate for such harm and consent to our seeking injunctive or equitable relief. These remedies are in
addition to any other remedies Company may have at law or in equity. Moreover, Company may pursue such
equitable relief in any court of competent jurisdiction.
Severability
If an arbitrator or legal authority determines that any part of these Terms of
Use is illegal or unenforceable, then such part will be eliminated or adjusted accordingly, and the remaining
terms will remain in force and effect and continue to apply to your use of the Site and Services.
Entire Agreement
These Terms of Use and any other terms or policies expressly incorporated herein
by reference constitute the entire agreement between Company and you pertaining to your use of the Site and
your use of the Services and supersede all prior agreements, representations and warranties, both written and
oral with respect to the Site or the Services.
Operation of the Site
We reserve the right to do any of the following, at any time, in our sole
discretion, with or without notice and without any liability to you: (a) modify, suspend or terminate
operation of or your access to the Site or the Services, or any portion of the Site or the Services, including
but not limited to for your violation of these Terms of Use; (b) modify or change the Site or the Services, or
any portion thereof; and (c) interrupt the regular operation of the Site, or any portion of the Site, as
necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the
Site.
Digital Millennium Copyright Act (“DMCA”) Notice
In operating the Site, we may act as a “services provider” (as defined by DMCA)
and offer services as an online provider of materials and links to third party websites. As a result, third
party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available
while using the Site. Company has in place certain legally mandated procedures regarding allegations of
copyright infringement occurring on the Site. We have adopted a policy that provides for the immediate removal
of any content or the suspension of any user that is found to have infringed on the rights of joinyara.com or
of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the
terms and conditions of these Terms of Use. If you believe any material available on or through the Site or
Services infringes, specifically or generally upon a copyright, you should notify us using the notice
procedure for claimed infringement under the DMCA (17 U.S.C. § 512(c)(2)). We will respond expeditiously to
remove or disable access to the material claimed to be infringing upon said copyright and will follow the
procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer
who provided the content. We may give notice to our users of any infringement notice by means of a general
notice on any of our websites, electronic mail to a user’s email address in our records, or by written
communication sent by first-class mail to a user’s physical address in our records. If you receive such an
infringement notice, you may provide counter-notification in writing to the designated agent that includes the
information below. Our designated agent (i.e., proper party for notice) to whom you should address
infringement notices under the DMCA is [email protected].
Contact Us
If you have any questions or concerns about the Site, the Services or these
Terms of Use, please contact us at [email protected].
