Elektra Health Platform Terms & Conditions

Welcome to the Elektra Health™️ Meno-morphosis Program.

These Terms of Use (or “TOU”) are an agreement between you and My Elektra, Inc., a Delaware corporation (“Elektra Health”). By clicking on this box, you agree to the following terms and conditions, including the Privacy Policy, when using online interfaces and properties (e.g., websites and mobile applications) including elektrahealth.com and the Elektra Health’s Meno-morphosis program – including the platform and mobile applications managed by Mighty Software, Inc. (“Mighty Networks”), as well as the services (“Services”) and programs (“Programs”) available to users through the Site.

These TOU may change. Because your use of Elektra Health means that you agree to these TOU, if we revise and update these TOU, your continued use of Elektra Health, this Site and the Services will mean that you accept those changes. You choose whether or not you use Elektra Health. If you do not agree to all of these TOU, please do not use Elektra Health, this Site and the Services.

Services Provided. No Medical Care or Advice by Elektra Health. The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Elektra Health.

You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Elektra Health, or in connection with any communications supported by Elektra Health, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. Elektra Health is not responsible for the quality and appropriateness of the information provided to you. Elektra Health does not provide any legal advice or representations in any way regarding any legal issues associated with advice, information, goods, or services offered by or through the Services, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Your interactions with an Elektra Guide or Elektra Health medical expert or provider via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Elektra Health, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any information or advice obtained via the Site or Service, nor any information obtained on the Site. Elektra Health does not recommend or endorse any specific tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any information delivered via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith. Elektra Health does not make any representations or warranties about the training or skill of anyone who delivers services via the Site or Service.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

Elektra Health’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a healthcare provider or when otherwise needed. You should continue to consult with your primary healthcare provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

Membership Renewals and Cancellations.You agree that if you purchase a monthly Meno-morphosis membership, your credit card will be charged on the date of sign up, and will be automatically billed monthly thereafter. You agree that if you purchase an annual Meno-morphosis membership, your credit card will be charged on the date of sign up, and will be automatically billed annually thereafter.

Your payment method on file will be charged for the fees and taxes applicable to that period. To pause or cancel your membership anytime, or to change your payment method, please email [email protected]. We will refund your method of payment on a prorated basis through Stripe and it may take 5-10 business days.

If you register for a free trial for any of the Services, We will make such Services available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered to use the applicable Service(s); (b) the start date of any subscription to such Service purchased by you for such Service(s); or (c) termination of the trial by us at our discretion. Trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Please review the applicable documentation during the trial period so that you are familiar with the features and functions of the Services under applicable options before you make your purchase.

Any data you enter into a service, and any configurations or customizations made to a service by or for you, during your free trial will be permanently lost unless you purchase a subscription to the same service as covered by the trial, purchase the applicable service, or export such service data, before the end of the trial period.

Consent to Audio and Video Recording. Elektra Health may record (audio and video) all or part of your interaction with us (“Recordings”). We will always ask you for consent to record you before we do so. Such Recordings are voluntary and may be publicly displayed to other users of the Site, used for quality assurance purposes, to better deliver to you the Site and Services, and to help Elektra Health improve the Site. By accessing and using the Site, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.

Adverse Technical Events. All information is transmitted over a medium which is beyond our control and jurisdiction. Accordingly, Elektra Health assumes no responsibility for, or relating to, delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Site or sites accessed through this site.

Payment. To the extent applicable, you agree that only valid payment methods acceptable to Elektra Health may be used to pay for membership in Elektra Health and payment for Services. You represent and warrant that you are authorized to use your designated payment method. You authorize Elektra Health to charge your designated payment method for the applicable sum due (including any applicable taxes). In connection with any payment transaction, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Elektra Health without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies) for the purpose of facilitating the transaction.

All credit card, debit card and other monetary transactions on or through Elektra Health occur through an online payment processing application(s). This online payment processing application(s) is provided by Elektra Health’ third-party online payment processing vendor, Stripe (“Stripe”). Additional information about Stripe, its privacy policy and its information security measures (collectively, the “Stripe Policies”) should be available on the Stripe website located at https://stripe.com/us/privacy or by contacting Stripe directly. Reference is made to the Stripe Policies for informational purposes only and are in no way incorporated into or made a part of these TOU. Elektra Health’s relationship with Stripe, if any, is merely contractual in nature, as Stripe is nothing more than a third-party vendor to Elektra Health, and is in no way subject to Elektra Health’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.

Availability. You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including Internet connection or mobile fees that you incur while using the Site. We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Site at any time without prior notice.

Not for Use Outside United States. Elektra Health makes no claims that materials on the Site are appropriate or may be downloaded for use in locations outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. Furthermore, our databases are located in the United States. If you access this website from outside the United States, you do so at your own risk. By sending us your data, you consent to its transfer to and storage within the United States. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

Copyright and Trademarks. All content included on the Site including, but not limited to, text, photographs, video, documents, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (the “Content”), in any form including the compilation thereof, are proprietary to Elektra Health and protected by U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by Elektra Health and Content owned or controlled by third parties and licensed to Elektra Health. Subject to these TOU, Elektra Health grants you a limited non-transferable, revocable license to access and use the Site for your personal use.

Links to Other Websites. Elektra Health may provide links to third-party web sites. Elektra Health does not recommend and does not endorse the content on any third-party websites. Elektra Health is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements. Your use of third-party websites is at your own risk, and subject to the terms and conditions of use for such sites. Elektra Health does not endorse any product, service, or treatment advertised on the Site.

Third Party Products and Services and Elektra Health. In connection with the provision of the Services, Elektra Health, may make a recommendation of a product or service from a third party unaffiliated with Elektra Health. Such third party product or service recommendation shall in no way be deemed an endorsement or guarantee by Elektra Health and you agree to release and hold harmless Elektra Health from any and all claims you may have from the use of such third party product or service.

User Provided Content. Elektra Health may, in our sole discretion, permit you to post or submit content and other materials through the Services (collectively, “User-Provided Content”). You grant Elektra Health, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for the purpose of providing the Services. Also, you grant Elektra Health, and anyone authorized by Elektra Health, the right to identify you as the author of any User-Provided Content submitted by you. You will not receive any compensation of any kind for the use of any User-Provided Content submitted by you.

You acknowledge that Elektra Health only acts as a passive conduit for the distribution of the User-Provided Content and is not responsible or liable to you or to any third party for the content or accuracy of the User-Provided Content. You understand that Elektra Health has no obligation to monitor any areas of the Service through which users can post User-Provided Content. However, Elektra Health reserves the right at all times, in our sole discretion, to screen User-Provided Content and to edit, move, delete, and/or refuse to accept any User-Provided Content that in our judgment violates these TOU and/or the Privacy Policy or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

Any use by you of the User-Provided Content is entirely at your own risk. You represent and warrant that any User-Provided Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or publicity rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above.

Unauthorized Use. Any use or attempted use of this Site: (1) for any unlawful, unauthorized, fraudulent or malicious purpose; (2) that could damage, disable, overburden, or impair the Site; (3) that could interfere with any other party’s use and enjoyment of the Site; (4) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means; or (5) for any other use other than the business purpose of which it was intended, is prohibited. Elektra Health reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. Elektra Health further reserves the right to monitor general use of the Site at any time as it deems appropriate and to remove any materials that may violate these TOU.

In addition, in connection with your use of the Site, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Elektra Health representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Site or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Site, or copy, download, distribute or reproduce any content or information on the Site; or (p) assist or permit any person in engaging in any of these activities; or (q) record, screenshot, nor distribute any Services or part of the Elektra Health site or events or interactions.

Elektra Health may terminate your use of the Site or any of our features or services at any time and for any reason without notice. You agree that if your use of the Site is terminated pursuant to these TOU, you will not attempt to use the Site under any name, real or assumed. Except as otherwise provided in the Privacy Policy, or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Site, to return or otherwise provide to you any information to us, or any other information that we have that relates to you.

Indemnification. You agree to indemnify and hold harmless Elektra Health, its officers, directors, employees, agents, developers, vendors, affiliates, third party information providers, licensors and others involved in the development or the delivery of products, services or information over this Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from any violation by you of these TOU or your use of the Site or any products, services or information obtained from the Site.

Disclaimers. ANY ACCESS OR USE OF THE SITE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. ELEKTRA HEALTH DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SITE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. ELEKTRA HEALTH DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SITE. ELEKTRA HEALTH DOES NOT WARRANT THAT THE SITE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, OR IMPERFECTIONS.

Limitation of Liability. IN NO EVENT SHALL ELEKTRA HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS/INABILITY OF USE OF THIS SITE OR ANY OTHER SITE LINKED TO THIS SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THIS SITE, ERRORS OR OMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO THIS SITE. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF ELEKTRA HEALTH TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).

YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST ELEKTRA HEALTH FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THIS SITE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST ELEKTRA HEALTH ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OR YOUR USE OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

Binding Arbitration / Class Waiver

YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND ELEKTRA HEALTH ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO ELEKTRA HEALTH, INCLUDING, WITHOUT LIMITATION, CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TOU (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.

Payment of arbitration costs will be governed by the AAA’s fee schedule. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

The arbitration shall be conducted in New York County, New York. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.

Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and Elektra Health agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in New York County, New York, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.

ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in New York County, New York, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in New York County, New York for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.

Governing Law and Jurisdiction. Accessing this Site or use of any of its content or services from locations where such access or use of its content or services is illegal is prohibited. Notwithstanding the laws of the location from which you access this Site, you agree that the statutes and laws of the State of New York, notwithstanding any principles or conflicts of law, will apply to all matters relating to the use of this Site. If any part of these Terms and Conditions are deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Entire Agreement. These TOU and any other agreements Elektra Health may post on the Site or that you and Elektra Health may execute from time to time constitute the entire agreement amongst Elektra Health, the PC, the Practitioners and you in connection with your use of the Site and accessing the Services and supersede any prior agreements, including prior versions of these TOU.

Changes to these TOU. When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these TOU periodically. Your continued use of Elektra Health constitutes your agreement to the changed TOU.

Last modified: March 15, 2022

Elektra Health, 335 Madison Avenue, 16th Floor, New York, NY 10017.

Telephone: (646) 760-6669 Email: [email protected]