eo is a service that helps people suffering from ailments that might be helped by cannabis medicine find relief more quickly and with more confidence. We use a combination of clinical oversight and machine intelligence to optimize care. Over time, and with your consistent use, the system becomes more attuned to and specific about your care plan and how to best optimize it.
You are using a “Beta” version of eo, which means that it is an early version of the service and not fully complete. We use successive releases of software to learn how our customers use eo, and how we can improve. In using eo in this Beta form, there may be flaws that we have yet to identify and address.
We also recognize that cannabis medicine, like all medicines, has its limits and may not prove effective for certain people or ailments. We make no promises that the medicinal use of cannabis will work for you and your condition. Please bear that in mind as you consider using eo.
Now for the “legal” stuff.
Please read these Terms. Your use of the Services represents your agreement to these Terms.
These Terms are between you and EO Care, Inc. / eo / eo.care (“we,” “our” and “us”) concerning your use of the services currently located at eo.care (and any successor sites), our mobile applications, and third party integrations (together, the “Services”).
THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS IMPORTANT DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. Please see Section 19 for the arbitration provisions. Please read the entire Terms, but please read all capitalized provisions carefully as they contain important disclaimers of warranties and limitations on liability.
- Acceptance of Terms. The Services are made available by us in accordance with these Terms. We reserve the right to make changes to these Terms in our sole discretion. We may provide the changes to you by any reasonable means, including by posting the updated Terms on eo.care. You can determine when these Terms were last changed by referring to the “Last Updated” legend at the top of these Terms. Your access to or use of the Services after such posting or other notification of changes represents your agreement to the changes. Any changes to these Terms will not apply to any dispute between you and us that arose prior to the date of such posting or notification.
Some of the Services may be subject to additional terms and conditions, which are posted or made available separately from these Terms (“Additional Terms”). Your use of the Services may also be subject to additional policies, guidelines, or rules we also post or make available. Such Additional Terms policies, guidelines, and rules are incorporated into and form a part of these Terms. If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control.
We reserve the right at any time to modify, suspend, or discontinue any of the Services, with or without notice; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some or all users of the Services. Neither we nor any of our affiliates will be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
You may not use the Services nor accept these Terms if you are not of legal age to form a binding contract with us, which is 18 years of age in most states. By creating an eo.care account, you certify that you are 18 years of age or older.
- Description of the Services. We may provide you a number of Services, including a care plan, a calendar of suggested times to ingest cannabis, a customized shopping list, access to telemedicine consultations with a third party, an ability to provide feedback on your care, and much more. While we give you clear recommdations, guidance, and specific directions, you and your physician are in charge of making the final decision on your care. When you make a decision using eo, be sure to take into account any information we may not know, such as your current health, changes in your health, upcoming events, other treatments, or other things we may not know.
c. that person has agreed to you providing his or her personal information to us; and
d. that person understands and agrees that we may use and disclose his or her personal information as we would your personal information.
We may terminate your use of the Services if we believe any information you provide is knowingly false, inaccurate, incomplete, or obsolete. We get smarter through increased use of eo by you and others. To do that, we need to anonymize and aggregate your information with other anonymized data to help us provide, optimize, improve, describe, and grow the use of our care plans and services, create new products and services, and make our business better.
- Accuracy of Third Party Information. We attempt to ensure that the information sources we use (for example, credit bureau information, account information), are accurate, complete, and current. Despite our efforts, information provided by these third parties may be inaccurate, incomplete, or out of date, and that is something we cannot control since we don’t own those businesses. We use ways of assessing the quality of the third party data but cannot guarantee they are 100% accurate. Incomplete and inaccurate information provided by third party data suppliers will adversely affect our recommendations. If you believe any information provided by third parties about you is inaccurate, you can dispute such information directly (See item 10 for your credit report and for any inaccurate transaction data, check with your bank).
- Registration; User Names and Passwords. You must register with us in order to access the Services. We may not provide you, and you may not use, a user name or e-mail address that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we do not accept for any other reason.
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for safeguarding your user name and password and agree not to transfer or lend them to anyone else. You are responsible for all interaction with the Services that occurs with your user name or password. You agree to immediately notify us if you become aware of any unauthorized use of your user name or password or any other breach of security related to your account or the Services, and to ensure that you log out from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from you not complying with any of your obligations in this paragraph.
- Mobile Device Application. You are responsible for any requirements of our mobile applications, including any updates and fees. You are also responsible for compliance with the terms of your agreement with your mobile device and telecommunications providers. We may provide you with alerts related to your account. You authorize us to send alerts by text message to your mobile phone at the number you have provided us. Any change to your mobile phone number will change our ability to provide you with alerts. You should notify us immediately of any change to your mobile phone number. Certain alert delays are outside our control. You may disable alerts. We are not responsible for the products and services provided by your mobile device or telecommunications provider.
- Our Proprietary Rights. The information and materials made available through or related to the Services are and will remain our property or the property of our licensors and suppliers, and are protected by copyright, trademark, patent, trade secret, and/or other proprietary rights and laws. You may view one copy of any content to which we provide you access on any single computer or mobile device for your personal, non-commercial home use, provided that you keep intact all copyright, patent, trademark, trade secret and other proprietary notices. You agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based on any part of the Services. Our trade names, trademarks, and service marks include eo, eo.care, EO Care Incorporated, and any associated logos. All trademarks and service marks displayed in connection with the Services not owned by us are the property of their respective owners. No license or right is granted to use any of our trade names, trademarks, or service marks.
- Links. The Services may provide links to other web sites and online resources. Because we have no control over such sites and resources, eo is not responsible for the availability of such sites or resources and neither endorse nor are we responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. Other web sites may provide links to the Services with or without our authorization. eo does not endorse such sites and is not and will not be responsible or liable for any links from such sites to the Services, any content, advertising, products, or other materials available on or through such sites, or any loss or damages incurred in connection with such sites. We have the right to block links to the Services through technological or other means without prior notice.
- Other Information from Third Party Sites. After this Beta release is completed, we may want to optimize our service to you by requesting from you access to information in connection with providing you the Services. In order to do this, you may permit us to obtain certain transaction data from providers with whom you have relationships or engage in care (“Related Information”). We may work with vendors to obtain the Related Information with your permission, and the vendors may require that additional disclosures are provided to you prior to your permission to provide access. We have no liability for any actions or inactions on the part of any vendor.
- Your Information. With consistent use and your ongoing provision of feedback to the eo system, the service becomes more attuned to your specific needs and how to optimize your cannabis care regimen in partnership with your clinician. While we can continue to output these ever-more personalized care plans with your ongoing engagement with eo, we will not be able to provide you with the data model and clinician interaction data that drive the care plans. Should you cease to use eo, you understand that this tuned service capability will cease to operate, and the tuning and customization may be irrevocably lost.
- Recommendations. We created eo to assist you in decision making about your cannabis care using data from you (and possibly in the future, from third parties you’ve given permission for us to access). Our assessments, guidance, specific options, care plans, shopping lists, and directions are based on dynamic models, machine intelligence, behavioral medicine, general health policies, and our assessment of the potential cannabis product universe that may be suitable to your care. Your personal health situation is unique and dependent on many circumstances and factors, and our recommendations may not include knowledge of things we do not know about you or have not yet learned how to best incorporate in our Services. In using eo, you acknowledge this is the case, because in the end, any decision about your wellbeing is something you alone make in partnership with you personal physician. Remember there are other sources of cannabis guidance available to you such as cannabis clinicians and other physicians, and while they do not use advanced decision intelligence like ours, they may know more about your individual circumstances given that you are their patient. We promise to keep improving our intelligence and ability to understand you and incorporate this into our platform. Finally, any recommendation, care plan, and shopping list we make may have many recommendation components that work together to achieve an optimal result. If you choose not to follow each and every recommendation, the final result may not have the optimal outcome.
- Providers of Cannabis Products. We are not a provider of cannabis products or devices. We do our best to identify all products that may be available within the areas of guidance and location we offer; however, it is possible that some products may not be identified and included in our database. We do not endorse or receive compensation from any product provider that we present to you as an option for cannabis products or devices for you to consider. We review the cannabis product providers and products we identify using unique rubrics for each product type to ensure that the subset of providers and products we recommend pass our internal criteria. Although we believe any options presented are worthy of your consideration based on certain assumptions we make and the data we analyze, you may also consider shopping other product providers – in fact, you are encouraged to do so. We are not an agent of any product provider or retailer. If you ultimately obtain a cannabis product or device from a company presented as an option when using the Services, the company providing the cannabis product or device is solely responsible for its products and services provided to you, and you agree that we are not liable for any claims, losses, damages, liabilities, penalties, fines, costs, and expenses arising out of or in any way related to such products and services.
- Disclaimer of Warranties. THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES, OTHER THAN THOSE EXPRESSLY PROVIDED IN THESE TERMS. YOU AGREE THAT YOU MUST EVALUATE ANY OF OUR RECOMMENDATIONS, CARE PLANS, SHOPPING LISTS, AND OPTIONS PROVIDED ON YOUR OWN OR IN PARTNERSHIP WITH YOUR DOCTOR, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH ANY FINAL DECISIONS YOU MAKE IN USING THE SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THE SERVICES. EO AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO (A) THE SERVICES, EXCEPT THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS, AND (B) ANY PRODUCT OR SERVICE (INCLUDING THIRD PARTY PRODUCTS AND SERVICES) YOU OBTAIN, ALL TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, NONINFRINGEMENT, TITLE, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
NO RECOMMENDATION, CARE PLAN, SHOPPING LIST, OR OPTION PRESENTED OR INFORMATION OBTAINED BY YOU FROM THE SERVICES WILL CREATE ANY WARRANTY REGARDING US OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU MAKE ALL FINAL DECISIONS RELATING TO THE SERVICES AND THE CANNABIS PRODUCTS AND DEVICES YOU ULTIMATELY OBTAIN AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY LOSS, DAMAGE AND LIABILITY THAT MAY RESULT FROM YOUR DECISIONS OR THOSE OF YOUR DOCTOR.
YOU ACKNOWLEDGE THAT WE ARE NOT AN INTERMEDIARY BETWEEN YOU AND ANY CANNABIS PROVIDER OR STORE THAT MAY BE PRESENTED AS AN OPTION FOR CANNABIS PRODUCTS OR DEVICES FOR YOU TO CONSIDER WHEN USING THE SERVICES. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY CANNABIS PRODUCT OR SERVICE YOU MAY ULTIMATELY OBTAIN FROM ANY PROVIDER OR STORE.
NOTHING IN THIS SECTION AFFECTS WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
- LIMITATION OF LIABILITY. EO AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. EO WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY CONTENT POSTED IN CONNECTION WITH THE SERVICES BY US OR ANY THIRD PARTY. EO WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS, USE, OR DISCLOSURE OF ANY INFORMATION RELATING TO YOU HELD, MAINTAINED, OR UNDER THE CONTROL OF ANY THIRD PARTY, INCLUDING ANY SECURITY BREACH RELATING TO INFORMATION ABOUT YOU EXPERIENCED BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. OUR MAXIMUM LIABILITY FOR ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, PENALTIES, FINES, COSTS, EXPENSES, CAUSES OF ACTION, AND SETTLEMENTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICES OR $50, WHICHEVER IS GREATER.
While we try to maintain the integrity and security of the Services, we do not guarantee that the Services will be or remain secure, complete, or correct, or that access to the Services will be uninterrupted. Third parties may make unauthorized alterations to the Services, and we are not responsible for these alterations. If you become aware of any unauthorized third party alteration to the Services, contact us at firstname.lastname@example.org with a description of the issue and the URL or location within the Services where the issue appears.
- Indemnity. You agree to defend, indemnify and hold harmless eo from and against all claims, losses, damages, liabilities, penalties, fines, costs, and expenses (including attorneys' fees) arising out of (a) your use of, or activities in connection with, the Services; or (b) any violation of these Terms by you.
- Rules of Conduct. While using the Services, you will comply with applicable law. In addition, you will not:
You also agree that you are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Services and paying all related charges