Terms of Use
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Please read the section entitled “GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER” found below under the heading MISCELLANEOUS TERMS. It affects your legal rights and limits your options regarding how to resolve any dispute with us.
ErasClinic.com is a website operated by Eras Women’s Health, LLC (the “Site”). By clicking a box indicating acceptance or accessing this Site and any pages thereof, you agree to be bound by these Terms of Use and our Privacy Policy (“Privacy Policy”). These terms apply to your use of our Site, even if you do not become a patient of our clinic.
Any personal information provided by you to Eras Clinic that constitutes “Protected Health Information” or (“PHI”) as defined under and protected by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”) will be governed by the terms of our Privacy Policy. You should be aware that Eras Clinic does not consider personal information such as your name, address, phone number and email address to be PHI.
These Terms of Use (the “Agreement”) should be read carefully before using the services offered by Eras Women’s Health, LLC D/B/A Eras Clinic (“Eras Clinic”), or accessing the Site of Eras Clinic. This Agreement sets forth the legally binding terms and conditions for your use of the website located at https://www.ErasClinic.com and any services provided by, conducted, facilitated and/or operated by Eras Clinic through the Site (collectively with the Site, the “Services”). Eras Clinic is also referred to as “we,” “us” and “our” throughout this Agreement.
THE SITE AND OUR SERVICES
By using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this Agreement, the Privacy Policy, and all other operating rules, policies and procedures that may be published by Eras Clinic from time to time on the Site, each of which is incorporated by reference and each of which may be updated by Eras Clinic from time to time without notice to you. You agree that you will not use the Site in any way that is fraudulent or unlawful.
Your use of the Services is governed by the version of this Agreement in effect on the date of use. Your continued use of and access to the Site constitutes your acknowledgement of, and agreement to, the then current Terms of Use and to having reviewed the most current version of the Terms of Use. Please also note that the terms and conditions of this Agreement are in addition to any other agreements between you and Eras Clinic, including any customer or account agreements, and any other agreements that govern your use of products, Services, content, tools, and information available on the Site. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Eras Clinic for the Services or otherwise. If you do not agree to all the terms of this Agreement and/or the Privacy Policy, you are not eligible to participate in the Services or otherwise use this Site.
OUR SERVICES ARE NOT FOR EMERGENCIES
Eras Clinic’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our 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 one of our healthcare services providers (“Provider”) or when otherwise needed. You should continue to consult with your primary 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.
ELIGIBILITY TO USE THE SERVICES
The Services are available only to individual registered users who are at least 18 years old (each, a “User”). Any registration, use of or access to the Site by any natural person under 18 is unauthorized, unlicensed and in violation of these Terms of Use. In order to access the Website and the Services, you represent and warrant that you are older than 18 years old. If you are under the age of 18, please do not attempt to register with us at this Website or provide any personal information about yourself to us. Eras Clinic may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at contact@erasclinic.com. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
CONSENT TO USE TELEHEALTH SERVICES
Telehealth services the delivery of healthcare services using electronic communications, video, information technology or other means between a Provider and a patient who are not in the same physical location (“Telehealth”). While the provision of health care services using Telehealth may offer certain potential benefits, you should be aware that there are also potential risks associated with the use of Telehealth. Eras Clinic’s telehealth services are not a substitute for in-person health care in all cases. We reserve the right in the sole discretion of our Providers to decline to treat a patient for certain symptoms and/or medical conditions via our Telehealth Services, In order to use the Telehealth Services, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by our Providers through our Electronic Medical Record system.
CHANGES TO THE SERVICES AND TERMS OF USE
Eras Clinic reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the Services, information, materials and descriptions on the Site and to suspend and/or deny access to the Site for any reason. Eras Clinic also reserves the right, at its sole discretion, to modify or replace any of the terms of this Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any features, offerings, or content) at any time. Such modifications shall become part of this Agreement and are automatically effective once posted on the Site or by sending you an email. This Agreement may not be orally amended. Eras Clinic may also impose limits on certain features and Services or restrict your access to part or all of the Services without notice or liability. It is your responsibility to check the terms of this Agreement periodically for changes. Your continued use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Any dated information is published as of its date only, and Eras Clinic does not undertake any obligation or responsibility to update or amend any such information. The information and materials on the Site may contain typographical errors or inaccuracies. Eras Clinic may discontinue or change any Services described in or offered on the Site at any time. Eras Clinic further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the Site at any time and for any reason. You agree that Eras Clinic will not be liable to you or to any third party for any such modification, suspension or discontinuance.
AUTHORIZED USERS
Our Services and certain pages of the Site are available only to Users who have been authorized by us to access the Services and web pages on the Site. Only Users of the Site and Services with a valid user ID and password are authorized to access such Services and web pages.
You agree not to register for a User account on behalf of an individual other than yourself, use another User’s account without permission or impersonate any other person in any capacity while using the Site. Unauthorized use of the Site and our Services, including, but not limited to the misuse or sharing of passwords or misuse of any other information, is strictly prohibited. You agree that you will not engage in any activities related to the Site that are contrary to applicable laws or regulations. You further agree that you are responsible for any unauthorized use of your password that is made before you have notified us, and we have had a reasonable opportunity to act on that notice. Eras Clinic reserves the right at its discretion to suspend or cancel your password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner.
Notwithstanding the above, you are responsible for monitoring your account and should promptly report any unauthorized or suspicious activity in your account to us by contacting us here.
YOUR DUTY TO PROVIDE INFORMATION, ACCESS, AND CONNECTIVITY
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 in the Services) to enable use of the Services, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Services.
REGISTRATION DATA; ACCOUNT SECURITY
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information that you provide to Eras Clinic, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Eras Clinic.
MEMBERSHIP SERVICES
Eras Clinic offers certain of its Services via membership programs. In the event that you subscribe to one of our subscription-based care plans (each a “Membership”), supplemental terms and conditions may apply to your Membership in addition to those included in these Terms of Use. These Membership programs, their features and fees may change from time, so contact us here or ask your Provider for more information if you are interested in learning more.
Memberships include the following programs:
- Vitality Program (Mid-Life Health): Vitality is a specialized membership targeting perimenopausal and menopausal women seeking hormone optimization and healthy aging support;
- Ideal for: women ages 40+ who want expert guidance through menopause, symptom relief, and proactive health measures (bone health, weight management, cardiovascular risk reduction, etc.); and
- Vibrance Program (Hormonal & Metabolic Wellness): Vibrance is a membership for women dealing with hormonal imbalances, metabolic challenges, or fertility concerns.
- Ideal for: women in their 20s-40s who have specific health goals like getting PCOS under control, losing weight in a healthy way, or boosting fertility naturally before seeking advanced reproductive technologies.
- Ideal for: women in their 20s-40s who have specific health goals like getting PCOS under control, losing weight in a healthy way, or boosting fertility naturally before seeking advanced reproductive technologies.
USE OF LINKS
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Eras Clinic’s control, and you acknowledge that Eras Clinic is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply an affiliation, sponsorship, or endorsement by Eras Clinic or any association with its operators. You further acknowledge and agree that Eras Clinic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any information, goods or Services available on or through any such third-party website or resource. You should also be aware that the terms and conditions and privacy policies of such sites may be different from those applicable to your use of the Site and Services.
THIRD PARTY CONTENT
Certain portions of the Site may contain third party content and may provide links to webpages and content of third parties (collectively “Third Party Content”). Eras Clinic does not control, endorse, investigate, or adopt any Third-Party Content, and makes no representations or warranties of any kind regarding the Third Party Content, including with respect to its accuracy or completeness. You acknowledge and agree that Eras Clinic is not responsible or liable in any manner for any Third-Party Content or your reliance upon Third Party Content. Users utilize such Third-Party Content at their own risk.
PAYMENT FUNCTIONALITY
In order to use the payment functionality of Eras Clinic's Services via its application, you may be required to establish an account with our credit card processor, Stripe. In using your card, you will be required to agree to Stripe’s terms of service. Eras Clinic also accepts payments via Cherry and certain other third-party patient finance companies. For more information on Cherry, click here. Patients using these finance companies are responsible for setting up their accounts and getting pre-qualified directly with the vendor.
PROPRIETARY RIGHTS IN CONTENT
Eras Clinic is a trademark of Eras Women’s Health, LLC.
All Content on the Site, including but not limited to text, documents, photos, videos, images, blog posts, reports, graphics, surveys, maps, design, software, music, sound and other files as well as their selection and layout (the “Content”), are the proprietary property of Eras Clinic or its licensors with all rights reserved. Eras Clinic and/or its licensors own and retain all proprietary rights in the Site, the Services and all Content. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Eras Clinic’s trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or Services in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Eras Clinic.
You may not reproduce (except as provided in this Agreement), publish, transmit, distribute, broadcast, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, in any form or by any means, or otherwise copy or transmit any Content, the Site or related software without the express written permission of Eras Clinic, except that the foregoing does not apply to your own photos, profiles, messages, notes, text, information, music, video and other content that you legally upload, publish or display on or through the Site, or transmit to or share with other Users (“User Content”).
Furthermore, provided that you are eligible for use of the Site, you are granted a limited license to access, download and/or print Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Such license is subject to these Site Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Content other than as specifically authorized herein, without the prior written permission of Eras Clinic, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.
Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
You agree that Eras Clinic may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history, data in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer Services; (f) subject to the terms of our Privacy Policy to improve, expand and enhance our Services; or (g) protect the rights, property, or personal safety of Eras Clinic, its Users, or the public. For more information on the ways we collect, store and use your personal information please see our Privacy Policy and if you have questions please contact us @contact@erasclinic.com.
DCMA COPYRIGHT POLICY
If you believe that any material on the Site violates this Agreement or your intellectual property rights, please notify Eras Clinic as soon as possible by contacting us here with the following information in accordance with Section 512(c) of the Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Eras Clinic will also terminate a User’s account if the User is determined to be a repeat infringer.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services ("Submissions"), provided by you to Eras Clinic are non-confidential and shall become the sole property of Eras Clinic. Eras Clinic shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of your Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
RESTRICTIONS ON DATA COLLECTION/TERMINATION
Without Eras Clinic’s prior consent, you may not:
- incorporate information or content from the Site into any other database or compilation;
- use any means, whether manual or automated, to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts or other automatic devices or programs);
- frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place popup windows over this Site's pages, or otherwise affect the display of this Site's pages; engage in the practices of "screen scraping", "database scraping" or any other activity with the purpose of obtaining content or other information; or
- use this Site in any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site.
Any violations of system or network security including attempts to intentionally access a computer without authorization or exceed your authorized access level may result in civil and criminal charges, including but not limited to charges under the Computer Fraud and Abuse Act (18 U.S.C. §1030). Eras Clinic may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
We may also terminate, disable or throttle your access to, or use of, this Site and the Services for any reason, including without limitation, if we believe that you have violated or acted inconsistently with any portion of these Terms of Use.
WARNING REGARDING WEB FRAUD AND PHISHING
Unfortunately, in today’s internet commerce environment, there may be misuse of our name, brands and reputation by imposters and frauds publishing fake websites and engaging in "phishing" scams seeking personal or confidential information.
When communicating with Eras Clinic through digital media, please:
- Confirm you are visiting an Eras Clinic authorized website.
- Do not share your password and login ID with anyone, including anyone from Eras Clinic. Access to your Eras Clinic account is private, available only to members through secure log-in procedures. Apart from allowing you to use your password and log-in to enter an authorized website, Eras Clinic will never ask you for your password or login information. (If you forget your password or login, we will issue you new ones.)
- Do not send emails to anyone with an address other than authorized Eras Clinic e-mail addresses. Eras Clinic only uses “@ErasClinic.com” for email addresses. If you have any questions about the above, please contact Eras Clinic at contact@ErasClinic.com.
CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES
Because Eras Clinic’s business is conducted via the Internet, we need for you to consent to transact business with us online and electronically. We also need you to consent to Eras Clinic sending you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to this Agreement, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Site and Services, (each, a "Disclosure"). The decision to do business with us electronically is yours. This document informs you of your rights concerning Disclosures.
Electronic Communications. Any Disclosures will be provided to you electronically from Eras Clinic either on our Site or via electronic mail to the verified email address you provided. If you require paper copies of such Disclosures, you may write to us at the mailing address provided below and a paper copy will be sent to you at a cost of up to $5.00. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.
Scope of Consent. Your use of the Site serves as your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and Eras Clinic. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, such consent to receive Disclosures electronically will continue until such time as all Disclosures relevant to transactions that occurred while you were a User have been made. Specifically, you consent to electronic delivery of any reports, communications or other information that may be requested by you or required to be delivered by us under any Investment Agreement, or pursuant to applicable law, rule or regulation. Communications shall be deemed delivered to you whether you actually receive or access them.
By consenting to the electronic delivery of all information that may legally be provided by electronic consent, you authorize us to deliver all communications to you by the following means: (1) by email at the email address specified by you; (2) by posting the communication on Eras Clinic’s websites or other sites on the Internet where the communication can be read and printed; (3) by sending you an email that includes a hyperlink to the websites or an address on the Internet where the information is posted, and can be read and printed; and (4) by sending you a notice that directs you to an address on the Internet or a place within the websites where the communication is posted and from which it can be read and printed. Such delivery will be an effective delivery to you for the purpose of any applicable law, whether or not you access or review the communication. Although you consent to electronic delivery, we may elect to deliver communications by other means, which shall not affect your consent. You agree to notify us of any change in your address.
CAN-SPAM Act and Telephone Consumer Protection Act Compliance. Eras Clinic is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in this section below (TCPA Consent Video Recordings). Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at the address listed below under the section “How to Contact Us.”
TCPA Consent: You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you for message and data rates according to the type of plan you carry. To stop receiving text messages please text a reply that says STOP. We may reach out to you to confirm your opt-out decision by text message. Opting out of text messaging may mean you do not receive helpful text messages from us such as appointment reminders.
Video Recordings. If you elect to receive our Services via a telehealth visit, Eras Clinic may record (audio and video) part or all of your telehealth visit with us (“Recordings”). Recordings may be used by us to enhance or improve our Services, but will not be displayed publicly without your prior written consent unless we are legally required to do so. By accessing our Services you consent and agree to such Recordings for the purposes set forth in this Agreement.
Withdrawing Consent. If you wish to withdraw your consent to doing business electronically, we will terminate your registered user account with us, but you may no longer be able to access certain of our Services online such as telehealth visits.
TERMINATION
Eras Clinic may terminate your access to all or any part of the Site and Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
WARRANTY DISCLAIMER
You acknowledge that Eras Clinic has no control over, and no duty to take any action regarding: which Users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You agree to and hereby release Eras Clinic from any and all liability relating to you having acquired or not acquired Content through the Site. Eras Clinic makes no representations concerning any Content contained in or accessed through the Site, and Eras Clinic will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
Any Content accessible on our Site including, but not limited to text, articles, photographs, videos, graphics or other illustrations is provided for informational purposes only and is not intended to and does not constitute medical advice, a diagnosis or a recommendation for treatment. Eras Clinic neither represents, warrants, covenants, guarantees, nor promises any specific medical results or outcomes from use of the Services.
ERAS CLINIC DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES (EXCEPT AS TO THE PROVISION OF TELEHEALTH SERVICES THROUGH THE SITE), IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS AND IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES AND CONTENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, CONTENT OR SITE-RELATED SERVICES IS TO STOP USING THE SITE OR THOSE SERVICES. TO THE EXTENT ANY OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF ERAS CLINIC TO YOU WITH RESPECT TO YOUR USE OF THE SITE IS ONE HUNDRED DOLLARS ($100).
Any Content downloaded or otherwise obtained through the Site is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such Content. The foregoing limitation of liability will apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Eras Clinic has been advised of or should have knowledge of the possibility of such damages.
Eras Clinic makes no representation or warranty, express or implied, with respect to any third-party data provided to Eras Clinic or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Eras Clinic will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by Eras Clinic or “force majeure” or any other cause beyond the control of Eras Clinic.
Electronic Communication Privacy Act Notice (18 U.S.C. §§2701 - 2711): Eras Clinic makes no guarantee of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site. Eras Clinic will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Eras Clinic’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.
INDEMNIFICATION
You hereby agree to defend, indemnify, and hold harmless Eras Clinic and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Services, Content or otherwise from your User Submissions, violation of the Agreement, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Eras Clinic reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Eras Clinic in asserting any available defenses.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ERAS CLINIC, NOR ITS MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE Services (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR ServicesS (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00).
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
HOW TO CONTACT US
UAMS Northwest
Attn: Eras Women’s Health, LLC
1125 N. College Ave.,
Fayetteville, AR 72703
Phone: (479) 344-3313
email: @contact@erasclinic.com
MISCELLANEOUS TERMS
INSURANCE COVERAGE
Eras Clinic is not an insurer. The Services we provide are not insurance products and the amounts you pay to Eras Clinic are not insurance premiums. If you would like to obtain any type of healthcare insurance, you will need to purchase such insurance separately. Eras Clinic may not be an approved payee for all insurance companies. If you do have healthcare insurance, please confirm with Eras Clinic whether it is an authorized Provider and in network with your insurance company prior to receiving any treatment. Eras Clinic can assist you with this step and help you understand any applicable co-pays or out of pocket costs.
INTEGRATION AND SEVERABILITY
These Terms of Use Agreement is the entire agreement between you and Eras Clinic with respect to the Services and use of the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Eras Clinic with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER
This Agreement (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of Arkansas, without giving effect to any principles of conflicts of law.
While we hope never to have a dispute with a User, if we do, User and Eras Clinic each agree to try for sixty (60) days to resolve it informally. If we collectively fail to resolve such dispute (and unless otherwise agreed in writing by User and Eras Clinic), any dispute arising out of or relating to the Agreement, or the breach hereof, shall be finally resolved by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. If parties are unable to select an arbitrator, then AAA shall select the arbitrator. Judgment on any award entered by the arbitrator may be entered in any court having jurisdiction thereof. If for any reason a claim proceeds in court rather than in arbitration, USER AND ERAS CLINIC EACH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring a suit in court to enjoin infringement or other misuse of intellectual property rights.
Where permitted under applicable law, User and Eras Clinic each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Unless User and Eras Clinic both agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
NO WAIVER
The failure of Eras Clinic to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Effective Date: 10.25.25