Agreement and Parties
These Terms and Conditions ("Terms") are entered into between you ("User," "you," or "your") and Live Better Longer LLC, a Florida limited liability company, doing business as WellPath Advantage ("WellPath Advantage," "Company," "we," "our," or "us"), domiciled in Miami-Dade County, Florida. By enrolling in, accessing, or using the WellPath360 software platform, automation system, messaging services, or related technology (collectively, the "Platform"), you agree to be legally bound by these Terms.
1. Platform Description
WellPath Advantage is a software-as-a-service automation platform that integrates with User patient or customer databases, interprets transactional and behavioral signals, deploys automated messaging campaigns, provides pre-written communication templates and workflows, and sends communications on behalf of Users. The Platform is a communication automation technology tool only and does not provide healthcare, medical, legal, or financial services.
2. Pre-Written Messaging and Automated Communication Disclaimer
The Platform includes messaging content, automation logic, campaign triggers, and programmatic delivery workflows developed by WellPath Advantage. By using the Platform, User acknowledges and agrees that:
All communications are transmitted solely on behalf of the User.
User maintains full authority and responsibility for all messaging deployment.
Message recipients may interpret communications unpredictably.
WellPath Advantage assumes no liability for recipient interpretation or resulting actions.
WellPath Advantage shall not be responsible for medical or wellness decisions, purchasing decisions, financial outcomes, customer/patient relationship impacts, business performance, or regulatory interpretations.
3. Medical, Compliance, and Regulatory Review Disclaimer
Any internal or third-party compliance reviews conducted by WellPath Advantage are for informational purposes only. Such reviews do not constitute legal or medical advice, do not guarantee regulatory compliance, and do not transfer regulatory responsibility from the User. User remains solely responsible for compliance with all applicable laws and professional standards.
4. Third-Party Product Providers
Products referenced in campaigns may be sold and fulfilled by independent third parties, including Pharmanex Inc. and Nu Skin Enterprises, Inc.. WellPath Advantage is not affiliated with these companies, does not endorse their products, and does not process or fulfill product orders.
5. User Representations and Compliance Obligations
User represents and warrants that they lawfully own or control all uploaded data, have obtained valid recipient consent, and comply with all applicable laws, including HIPAA, TCPA, CAN-SPAM, and Florida privacy laws.
6. AI and Automation Safe Harbor
The Platform utilizes algorithm-driven message deployment. User acknowledges that outcomes may vary and may generate unintended timing or context. User assumes full responsibility for monitoring automation output.
7. Indemnification
User agrees to defend and indemnify WellPath Advantage and Live Better Longer LLC from any claims, damages, or regulatory penalties arising from messaging content, delivery, data ownership violations, or HIPAA/TCPA/CAN-SPAM violations.
8. Insurance and Liability
User agrees to maintain commercially reasonable business liability insurance. Total liability of WellPath Advantage shall not exceed the fees paid by User during the three (3) months preceding a claim. To the maximum extent permitted by law, WellPath Advantage is not liable for indirect or consequential damages, loss of profits, or regulatory penalties.
9. Subscription Billing and Cancellation
Subscription fees are billed in advance and are non-refundable. Cancellation can be performed via account settings or by emailing [email protected]. Cancellation becomes effective at the end of the current billing period.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida, with exclusive venue in Miami-Dade County. At WellPath Advantage's election, disputes shall be resolved through binding arbitration. User waives jury trial rights and participation in class action lawsuits.
Contact: [email protected]
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