Key Points:
- Health Stirs does not provide medical advice. We help individuals connect with third-party healthcare providers.
- You may need to answer qualifying health questions to determine eligibility for Services.
- Medical services, payment, and treatment will happen through third-party providers and platforms, not Health Stirs.
- You will enter into relationships directly with healthcare providers, and not with Health Stirs.
1. Acceptance of Terms and Conditions These Terms govern your use of the Health Stirs site and Services. By accessing or using the Services, you agree to these Terms. If you do not agree, you may not use the Services.
2. The Health Stirs Services Health Stirs offers informational services and helps connect you with healthcare providers. We do not provide medical services directly. Any advice or treatment comes from healthcare providers, not Health Stirs. Always consult with a professional for medical needs.
3. How the Services Work You may need to answer some health questions, and if eligible, you will schedule an appointment with a healthcare provider via a third-party portal. Health Stirs does not control these services. Payment and treatment will occur on the healthcare provider’s site, not through Health Stirs.
4. Modification of the Terms or Services We may update these Terms at any time. You are responsible for reviewing the Terms periodically. If you continue using the Services, you accept the updated Terms.
4. Additional Terms
To access or purchase certain Services, you may need to agree to additional agreements, consents, or notices (collectively, “Additional Terms”). These may apply to specific suppliers, Services, or combinations of both. In many cases, Health Stirs is not a party to these Additional Terms.
5. Eligibility and Account Creation
Only U.S. residents 18+ can access the Services. If you are under 18 and used the Services without consent, contact us. You must meet certain criteria to use specific Services. To access certain parts of the Services, you may need to create an Account with accurate, current, and complete information. You are responsible for your Account activity and must notify us of any security breaches.
6. Privacy
You authorize us to handle your personal information as stated in our Privacy Notice.
7. Fees
Subscription Fees
If you subscribe, you’ll be charged the Subscription Fee at registration and automatically at each renewal period. By subscribing, you authorize recurring payments. The Subscription Fee doesn’t include medication costs. Subscriptions renew automatically unless you cancel, we decline renewal, or the Terms are terminated.
Refunds
Sales are final. Refunds are given at Health Stirs’ discretion. If labs aren’t completed or the initial consultation is missed within three months, no refunds are given.
Cancellation
You can cancel up to 72 hours before your next Subscription period begins, but no refund will be given for the current period. Cancellations within 24 hours of appointments may incur late fees.
Other Fees
Missed appointments or late cancellations may incur fees in addition to the Subscription Fee. These will be charged to your payment method automatically.
How to Reschedule
You can reschedule appointments through the Provider Portal or by emailing support@healthstirs.com.
Termination by Health Stirs
We can terminate your Subscription at our discretion and may issue a prorated refund, except in cases of violation of the Terms.
Changes to Subscription Terms
We may modify Subscription terms or fees. If pricing increases, you’ll be notified and can change or cancel your Subscription. Continued use after changes indicates acceptance.
Discounts and Promotions
Promotional memberships are subject to these Terms unless stated otherwise. Only one promotional membership per household. After the promotional period, your Subscription will renew at the standard fee.
8. Testimonials
You agree that we may contact you to obtain consent for a testimonial regarding services provided by Health Stirs, Practices, Providers, or Third-Party Suppliers. If you provide a testimonial, you consent to us using your testimonial, photo, first name, last initial, and similar information in marketing materials.
9. Proprietary Rights and License to the Services
Subject to your compliance with these Terms, we grant you a non-transferable, non-exclusive, revocable license to use the Services for personal, non-commercial use only. You may temporarily store copies in RAM for viewing, print, or download a reasonable number of pages for personal use. All materials, including software, images, and content, are the exclusive property of Health Stirs and its licensors.
10. Rules and Prohibitions
You agree not to use the Services for unlawful or prohibited purposes, such as fraud, defamation, or violating intellectual property rights. Activities such as creating multiple accounts, reverse engineering, or scraping data are prohibited. Health Stirs reserves the right to take action against violations.
11. Copyright Infringement
If you believe content has been infringed, please notify us with the required information under the Digital Millennium Copyright Act (DMCA).
12. Feedback
By submitting feedback, you grant Health Stirs an irrevocable license to use, modify, and distribute it.
13. Text Messaging
You may receive marketing and informational text messages from Health Stirs. Consent is not a condition of purchase. Msg & data rates may apply. To unsubscribe, text STOP.
14. Third-Party Information and Links
Health Stirs is not responsible for third-party content or links to other services. Access third-party sites at your own risk.
15. Duration and Termination of Terms
These Terms are effective when you access the Services and continue until terminated. Users may terminate their account by email. Health Stirs can terminate accounts at any time, with or without notice.
16. Indemnity and Release
You agree to release, indemnify, defend, and hold harmless HealthStirs, its affiliates, officers, directors, employees, agents, and representatives from any losses, liabilities, expenses, damages, costs (including attorneys’ fees), claims, actions, or investigations arising from your violation of these Terms, misuse of the Services, or any violation of third-party rights, including intellectual property, privacy, and publicity rights. HealthStirs reserves the right to assume defense of any matter at its expense and expects your cooperation.
In case of a dispute with other users, you release HealthStirs from claims, demands, and damages arising out of such disputes. If you’re a California resident, you waive rights under Section 1542 of the California Civil Code, which protects claims you may not know about at the time of release.
17. Disclaimers
To the fullest extent allowed by law, HealthStirs disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose. The Services are provided “as is” and “as available.” HealthStirs makes no warranty regarding the accuracy, reliability, or availability of the Services. You understand the Services are for informational purposes only and not medical advice.
You are solely responsible for actions within your account. HealthStirs is not liable for acts or omissions of users or third parties.
18. Limitation of Liability
To the fullest extent allowed by law, HealthStirs and its affiliates are not liable for any direct, indirect, incidental, consequential, or punitive damages, including those arising from lost profits, goodwill, or data. HealthStirs’ total liability is limited to $100 or the amount you paid for the Services in the past six months.
19. Arbitration and Class Action Waiver
Informal Dispute Resolution
If a dispute arises, both parties will first make a good-faith effort to resolve it informally by sending a written description of the dispute. If not resolved within 60 days, formal resolution may proceed.
Mutual Arbitration Agreement
All claims relating to the Services or these Terms will be resolved through binding arbitration governed by the Federal Arbitration Act. The arbitrator has exclusive authority to resolve disputes, but either party can seek action in small claims court or regarding intellectual property rights.
Class Arbitration Waiver
Arbitration shall be conducted on an individual basis, not as a class or consolidated action, unless both parties consent.
Arbitration Rules
Arbitration will be handled by National Arbitration and Mediation (NAM), following its comprehensive rules and procedures, excluding any class or representative actions.
Initiating Arbitration
After informal resolution attempts, arbitration may be initiated in accordance with NAM’s rules. If you are initiating arbitration, you must email a copy of the demand to hello@healthstirs.com.
6. Arbitration Location and Procedure
If you are a U.S. resident, arbitration will occur in your county. If you are not a U.S. resident, it will occur in Orange County, California, unless agreed otherwise. For disputes under $10,000, arbitration will be based on documents unless the arbitrator calls for a hearing. For disputes above $10,000 or seeking injunctive relief, either party may request a hearing, typically via video or phone. All proceedings are confidential and sealed, except for necessary court filings.
7. Batch Arbitration
For 100 or more similar arbitration demands, arbitration will be processed in batches of 100, with one batch at a time. The arbitration provider has discretion over the fees and processes. This does not allow class actions.
8. Mediation After First Batch in Mass Filing
After the first batch, a mediator will try to resolve remaining claims. If no resolution occurs, either party can opt out of arbitration and proceed in court.
9. Arbitrator’s Decision
The arbitrator will provide an award with findings, which can be confirmed in court. Damages are awarded on an individual basis and in accordance with the Limitation of Liability section.
10. Fees
If arbitration costs are excessive, Fridays will cover fees beyond the first $250, unless the claim is found to be frivolous. You are responsible for your own attorneys’ fees unless stated otherwise.
11. Right to Opt Out
To opt out of this Arbitration Agreement, send written notice to Fridays within 30 days of first accessing the terms. Include your name, address, and a clear statement to opt out.
12. Changes to this Arbitration Agreement
Changes to this Agreement apply 31 days after posting, unless you opt out as described.
20. Venue and Governing Law
Disputes not under arbitration or small claims jurisdiction will be settled in Orange County, California courts, with California law governing.
21. Geographic Restrictions
Services are for U.S. residents only. If accessing the services outside the U.S., you’re responsible for complying with local laws.
22. California Residents
California residents may report complaints to the California Department of Consumer Affairs.
23. General
These Terms are the entire agreement and supersede prior agreements. If any provision is found unlawful, the rest remain in effect. Fridays can assign the Terms; you cannot. Any claim must be filed within one year.
24. Contact Us
Contact Support@healthstirs.com with any questions about these Terms.
