Website Terms of Use

Welcome to viathera.health (the "Website"), operated by ViaThera LLC ("ViaThera," "we," "us," or "our"), a Colorado limited liability company. By accessing or using this Website, including by browsing the Website or submitting information through any forms on the Website, you ("you" or "User") agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not access or use the Website.

By using the Website, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to agree to these Terms. If you are using the Website on behalf of a minor child, you represent that you are the child's parent or legal guardian and that you accept these Terms on the child's behalf. The Website is intended for individuals located in the United States.

These Terms apply to the public marketing Website at viathera.health. When the ViaThera platform launches, use of the authenticated application where therapists and families access services will be governed by separate Terms of Service.

ViaThera is a healthcare technology company building a marketplace that connects families with licensed pediatric therapists. The Website provides general information about ViaThera's services and allows visitors to create accounts and access the ViaThera platform. The Website does not currently provide access to any healthcare services, therapy services, or the ViaThera platform. Use of the Website, including signing up for email updates, does not create a therapist-patient, physician-patient, or any other healthcare provider-patient relationship between you and ViaThera or any therapist.

The information provided on this Website is for general informational purposes only. Nothing on this Website constitutes medical advice, diagnosis, or treatment. The Website does not provide healthcare services. Always seek the advice of a qualified healthcare provider with any questions you may have regarding your child's health or development. Never disregard professional medical advice or delay seeking it because of something you have read on this Website. If you think you may have a medical emergency or other urgent condition, call 911 or your local emergency number immediately. Never use the Website or any email or other communication from ViaThera for emergency or urgent medical needs.

You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website in any way that violates any applicable law or regulation; to transmit unsolicited commercial communications; to attempt to gain unauthorized access to any part of the Website, its servers, or connected systems; to use automated means to access or copy content without our consent; to introduce viruses or other harmful code; or to use the Website in any manner that could damage, disable, or impair it or interfere with others' use. You also agree not to submit, upload, or otherwise provide through the Website any medical records, diagnostic information, or other information about an identified or identifiable individual that may be considered sensitive personal information or protected health information under applicable law.

All content on the Website, including text, graphics, logos, icons, images, and software, is the property of ViaThera LLC and is protected by United States and international copyright, trademark, and other intellectual property laws. The ViaThera name, logo, and all related names, designs, and slogans are trademarks of ViaThera LLC. You may not use these marks without our prior written permission. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes. Except for this limited license, no rights, title, or interest in or to the Website or any content on the Website are transferred to you, and you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content on the Website except as expressly permitted by these Terms.

By providing your email address through the Website, you consent to receive email communications from ViaThera, including product updates, launch announcements, and marketing materials. You may unsubscribe at any time by clicking the "unsubscribe" link in any email or by contacting us below. Email communications from ViaThera are not a substitute for professional medical advice, diagnosis, or treatment, are not monitored 24/7, and must not be used for emergency or urgent situations.

Your use of the Website is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. The Website is not designed to receive or store medical records or other sensitive health information about specific individuals, and you should not submit such information through the Website.

The Website may contain links to third-party websites or services that are not owned or controlled by ViaThera. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You access third-party sites at your own risk. Your use of any third-party websites or services will be subject to their terms of use and privacy policies, and inclusion of any link on the Website does not imply endorsement or recommendation by ViaThera.

THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VIATHERA DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIATHERA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIATHERA LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE.

IN NO EVENT SHALL VIATHERA'S TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT OUR LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

You agree to indemnify, defend, and hold harmless ViaThera LLC and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Website or your violation of these Terms.

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or your use of the Website shall be resolved through binding arbitration in Denver, Colorado, in accordance with the rules of the American Arbitration Association.

YOU AND VIATHERA AGREE THAT ANY DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU AND VIATHERA EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on the Website. Your continued use of the Website after any changes constitutes your acceptance of the revised Terms. We will indicate the date of the latest revision at the top of these Terms and will use reasonable efforts to provide additional notice of material changes, such as by posting a notice on the Website.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.