Terms and Conditions

Effective Date: January 2, 2024

These Terms and Conditions ("Terms and Conditions") form a legal agreement between Monduta Body Sculpting DBA Dunamis Complete Health and you, the individual concerning your access to and use of the various services offered through the Websites and the Platforms (as defined below). Use of any of the Websites or Platforms constitutes your acceptance of these Terms and Conditions and the Web and Mobile Privacy Policy.

Dunamis Complete Health. on its own behalf and on behalf of its affiliates. Dunamis Complete Health makes certain telehealth-related information available to you and/or facilitates your access to telemedicine and expert medical services (Dunamis Complete Health services). Dunamis Complete Health will use Hippa compliant video chat platform to include, emar telehealth portal, doximity and or zoom.

By using the Websites and/or the Platforms, you expressly agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should immediately cease all use of and access to all of the Websites and Platforms. Please print a copy of these Terms and Conditions for your records.

Modifications to these terms and conditions

Dunamis Complete Health may in its sole discretion, without prior notice to you, revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, dunamiscompletehealth.com will update the Effective Date noted above and post a notice regarding the updated Terms and Conditions on the Websites. The amended Terms and Conditions will also appear when the Platforms are accessed by you. If you do not agree to the terms of the amended Terms and Conditions, your sole and exclusive remedy are to discontinue your use of the Websites and Platforms and you will be deemed to have terminated these Terms and Conditions. Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated. By accessing or using the Websites and the Platforms after such changes are posted you agree and consent to all such changes.

Dunamis Complete Health's role.

Dunamis Complete Health is not an insurance provider nor are we a prescription fulfillment warehouse. Dunamis Complete Health's role is limited to making certain telehealth-related information available to you and/or facilitating your access to telemedicine and expert medical services. Dunamis Complete Health is independent of healthcare providers who will be providing such telemedicine services to you through the Platform and is not responsible for such healthcare providers' acts, omissions, or for any content of the communications made by them. Dunamis Complete Health ensures that all providers are vetted, licensed, and insured. Dunamis Complete Health engages in the practice of medicine and provides other health services.

Your representations and warranties

By registering on the website, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms and Conditions with Dunamis Complete Health, (iii) the information you have provided to Dunamis Complete Health in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Websites and Platforms, (v) you will not interfere with a third party's use and enjoyment of the Websites and Platforms, (vi) you will not interfere with or disrupt Dunamis Complete Health or its vendors' security measures, (vii) if any information you provide to Dunamis Complete Health becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Dunamis Complete Health, (viii) you acknowledge that access to the healthcare services provided through the Website and/ or Platforms are not "insured services" under any provincial health plans, (ix) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by Dunamis Complete Health or its representatives that such healthcare services will be made available to you, and (x) you are accessing the Websites and Platforms for yourself or a child under the age of eighteen for whom you are the legal guardian.

Termination

If you violate these Terms and Conditions, your ability to use the Websites and/or Platforms will be terminated. Dunamis Complete Health may, in its sole discretion, terminate your access to the Websites and/or Platforms, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Dunamis Complete Health may have available at law. Further, Dunamis Complete Health shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use the Websites and Platforms. Upon any termination of these Terms and Conditions, you must immediately cease use of the Websites and Platforms. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, and your warranties and indemnities shall survive any termination of these Terms and Conditions.

Prohibited uses

In using the Websites and Platforms, you agree not to:

Send or otherwise transmit to or through the Websites and Platforms

any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Websites and Platforms or computers of any kind, and any unsolicited advertising, solicitation, or promotional materials.

Misrepresent your identity or affiliation in any way.
Restrict or inhibit any person from using the Websites and

Platforms, disclose personal information obtained from the Websites and Platforms or collect information about users of the Websites and Platforms.

Reverse engineer, disassemble or decompile any section or technology

on the Websites and Platforms or attempt to do any of the foregoing.

Gain unauthorized access to the Websites and Platforms, to other

users' accounts, names, personally identifiable information, or other information, or to other computers or websites connected or linked to the Websites and Platforms.

Launch or use any automated system, including without limitation,

"robots," "spiders," or "offline readers," that access the Websites and Platforms in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

Send or otherwise transmit to or through the Websites and Platforms

chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;

Post, transmit, or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment.
Violate any applicable laws or regulations in any way.
Alter or modify any part of the content or services offered on or through the Websites and Platforms.
Allow any other person to use the Platforms with your registration or login information.
Breach or otherwise circumvent mdurgentcare.com security or authentication measures; and
Assist or permit any persons in engaging in any of the activities described above.

Intellectual property rights and content

Dunamis Complete Health is the sole and exclusive owner of the Website including any and all copyright, patent, trademark, trade secret, and other ownership and intellectual property rights, in and to the Websites and Platforms and any related materials and documentation. No title or ownership of the Websites and Platforms or any portion thereof is transferred to you hereunder. mdurgentcare.com reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Websites and/or Platforms.

You may provide input, comments, or suggestions regarding the Websites and Platforms or Dunamis Complete Health. You acknowledge and agree that Dunamis Complete Health may use any Feedback without any obligation to you and you hereby grant Dunamis Complete Health a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit, or otherwise use such Feedback as Dunamis Complete Health may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

External links

The Websites and Platforms may contain links to third-party websites. Linked sites are not under the control of Dunamis Complete Health and thus Dunamis Complete Health is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Dunamis Complete Health endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. mdurgentcare.com disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.

No endorsements

Reference to any product, recording, event, process, publication, service or offering of any third party by name, trade name, trademark, service mark, company name, or otherwise does not constitute or imply the endorsement or recommendation of such by Dunamis Complete Health. Any views expressed by third parties on the Websites and Platforms are solely the views of such third parties and mdurgentcare.com assumes no responsibility for the accuracy or veracity of any statement made by a such third party.

Indemnification and limitation of liability

You agree to defend, indemnify and hold Dunamis Complete Health, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors, and suppliers harmless from and against any claims, actions, or demands, losses, liabilities, damages, costs, expenses, and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access to or use of the Platform and Websites; and (c) provision of other disclosure to mdurgentcare.com of any other information or data and the use of same by mdurgentcare.com or other mdurgentcare.com Party as contemplated hereunder.

IN NO EVENT SHALL MONDUTA BODY SCULPTING DBA DUNAMIS COMPLETE HEALTH BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITES OR PLATFORMS OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Dunamis Complete Health shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Dunamis Complete Health's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.

Disclaimer

The Websites and Platforms are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Dunamis Complete Health disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied conditions or warranties of merchantability and fitness for a particular purpose. Dunamis Complete Health does not warrant that the Websites and Platforms will be uninterrupted or error-free, that defects will be corrected or that the Websites and Platforms or the server that makes it available are free of viruses or other harmful components.

Dunamis Complete Health makes no guarantees and disclaims any implied warranty or representation about the accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Website and Platforms for a particular purpose. Dunamis Complete Health assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Websites and/or Platforms.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Children

The Websites and Platforms are not intended for children under the age of 16. If you are under 16 years of age, please do not use or access the Websites or Platforms at any time or in any manner. By using the Websites or Platforms, you affirm that you are over the age of 18 or 16 year old legally emancipated minor. Dunamis Complete Health does not seek through the Websites or Platforms to gather personal information from or about persons under the age of 16 without the consent of a parent, guardian or legally emancipated minor.

Choice of law and jurisdiction

These Terms and Conditions are governed by the laws of Oklahoma. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Oklahoma in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction. These Terms and Conditions are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

Personal information and privacy policy

In these Terms and Conditions, "personal information" means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through the Websites and Platforms and any other information that identifies who you are. Personal Information will be used by Dunamis Complete Health solely in accordance with these Terms and Conditions, and Dunamis Complete Health Web and Mobile Privacy Policy (or as otherwise agreed upon between you and Dunamis Complete Health in writing).

You agree that Dunamis Complete Health has the right to monitor and review your use of the Websites and Platforms from time to time, and to use "cookies", "log files" and your "browsing data" in accordance with the Cookie Policy.

Waiver

No delay or omission by Dunamis Complete Health to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Dunamis Complete Health must be in writing and signed by an authorized representative of Dunamis Complete Health.

Entire agreement

These Terms and Conditions constitute the entire agreement between you and Dunamis Complete Health as it relates to the access to, and use of, the Platform and Websites and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations, and proposals, written or oral between Dunamis Complete Health and you.

Electronic documents

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Assignment

These Terms and Conditions are personal to you and are not assignable, transferable, or sublicensable by you except with Dunamis Complete Health's prior written consent. mdurgentcare.com may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Language

English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations*. Il est la volonté expresse des parties que les présentes Conditions d'utilisation et tous les documents qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.*

Contact / Notices

If you have any questions about the Terms and Conditions or need to provide notice to, or communicate with, Dunamis Complete Health under the Terms and Conditions, please contact Dunamis Complete Health using the following contact details:

dunamiscompletehealth.com

Phone: 9186972171

dunamiscompletehealth@gmail.com

Dunamis Complete Health may provide notices or communications to you on the Websites and/or Platforms and you agree that such notices shall constitute notice to you whether or not you actually access the notice.