Last updated: May 22, 2024

Welcome to Hub Community! We are excited to have you! Please read the following information so that you are familiar with the Terms & Conditions of use for this membership platform.

This HUB Community Agreement (this “Agreement”) is between you as a user (“You”) of the TCM Hub Community (the “Services” or alternatively the “Subscription”) and The TCM Hub, LLC (“We” or “Us”).

BY ACCESSING OR USING OR CONTINUING TO USE THE SERVICES, YOU ARE AGREEING, ON BEHALF OF YOURSELF AND/OR A LEGAL ENTITY FOR WHICH YOU ARE AN AUTHORIZED AGENT, TO BE BOUND BY THE TERMS OF THIS AGREEMENT. This Agreement shall be effective on the earliest of (a) the date you click a button indicating your agreement with the terms of this Agreement or (b) your use of the Services (the “Effective Date”).

The Services: 

Hub Community (“Private Community Group”) is a private community group hosted on Circle (the “Platform” or “Circle”)  that allows users to resource other users for insight and guidance. 

Investment. The subscription Fee (the “Subscription Fee”) for the Services is $228 annually or $29 a month. We may change the Subscription Fee from time to time. You will be notified by email 30 days prior of any changes to your Subscription Fee.

Payment of Subscription Fees. Subscription Fees are due in accordance with the payment schedule you selected when you purchased your Subscription to the Services.  PAYMENT OBLIGATIONS FOR SUBSCRIPTIONS ARE NON-CANCELABLE AND FEES PAID ARE NON-REFUNDABLE UNLESS OTHERWISE PROVIDED HEREIN. 

Auto-Renewal of Subscription. The Subscription will automatically renew on the calendar day corresponding to the date on which you first accessed the Services, on either an annual or monthly basis depending on the Subscription Term you selected when initially subscribing to the Services (the “Renewal Date”). In the case of an annual Subscription, we will provide you with at least a thirty (30) day notice prior to the Renewal Date of your annual Subscription. WE WILL AUTOMATICALLY BILL YOU ON EACH SUBSEQUENT RENEWAL DATE DURING THE TERM OF YOUR SUBSCRIPTION. YOU AUTHORIZE US TO AUTOMATICALLY CHARGE THE CREDIT CARD ON FILE FOR THE APPLICABLE FEES ON OR AFTER THE RENEWAL DATE UNLESS THE SUBSCRIPTION HAS BEEN TERMINATED OR CANCELED IN ACCORDANCE WITH THIS AGREEMENT. You will keep (i) all payment information on file current, and (ii) the financial account associated with your credit card adequately funded to satisfy the Subscription Fees. You can view the specific details of your Subscription by checking your Circle Profile. A $30 late fee may be charged for payment not received, or unable to be processed, by each Renewal Date. Your payment information will be held by a third-party processor, and we are not liable for any breaches of the data security of that third party’s payment platform.

Calculation of and Changes to Subscription Fees. If any month of your Subscription term does not contain the date of when you first subscribed, then the Subscription Fees will be billed to you on the last day of the applicable month (for example, a Subscription purchased on January 31 will be billed on February 28 (or February 29 in a leap year), then March 31, April 30, and so on). We reserve the right to revise Subscription Fees at any time and will provide you with notice of any increases to your Subscription rate at least thirty (30) days prior to the new Fee taking effect. If you do not accept the increase or addition to the existing Subscription Fees, you may elect to terminate your Subscription during the then-current billing period and you will not be liable for such Subscription Fee increase after the applicable billing period; however, any later renewal of the Subscription will be subject to the revised Subscription Fees.

Missed Payments. If you are going to miss a payment, or if you know you have missed a payment,  please contact us at support@tcm-hub.com  so we can talk about it.  If you miss a payment, we may suspend your access to the Services, until you make the payment. We may also decide to terminate this Agreement upon written notice to you (with email being an acceptable form) if we cannot charge your card on file and you have not canceled your Subscription. In addition to terminating this Agreement and your access to the Services, we may also pursue collection of any overdue amounts if we do not come to an agreement about the missed payments, and you will be responsible for the reasonable costs of collection including attorney’s fees. 

REFUND POLICY: NO refunds are given. All payments are non-refundable. You are responsible for the Subscription Fees, regardless of whether you actually attend or complete the Services, and regardless of whether you pay on a monthly or annual basis. 

Term; Termination; Default. The term of this Agreement is from the Effective Date through the duration that you selected when you subscribed to the Service (the “Term”). Subscriptions may be canceled at any time via your Circle profile. Except and to the extent required by applicable law, WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS OR ANY FEATURE OR COMPONENT OF THE SERVICE THAT YOU HAVE PAID FOR BUT NOT USED. If you choose to cancel your Subscription during the Subscription Term, you may continue to use and have access to the Services until the end of your then-current Subscription Term or Renewal Date. You will not be issued a refund for any part of the most recently (or any previously) charged Subscription Fees. Upon the expiration of Term after you cancel your Subscription, You will no longer have access to the Services. We reserve the right to permanently delete or archive any of your data and content that you shared on the Platform following your cancellation or any termination of a Subscription.

From the Effective Date forward, if you violate any of the terms of this Agreement, we may remove you from the Services, in which case you’ll get an email from us notifying you that we will be removing you from the Services, and you will be liable for any costs, expenses, damages, and fees, for example, collection agency costs, all court costs, and reasonable attorney’s fees that we may incur as a result of your violation. We may cancel the Services at our discretion. If we cancel the Services, we will notify you via email at least 30 days prior to the cancelation date specified in the cancelation notice (“Our Cancelation Date”). We will refund the pro-rata share of your Subscription Fees applicable to any days for which you have paid in advance following Our Cancelation Date.

Confidentiality: In the course of using the Services, you and the other participants may share patient stories and other information, however there is no guarantee that the information you share will not be disclosed by another user, so there should be no expectation of confidentiality or privacy when using the Private Community Group.  You are forbidden from disclosing Prohibited Data (as defined below in Group on the platform.  We may also share comments you make in the Private Community Group, or elsewhere as testimonials or for promotional purposes, but we will share those comments anonymously. Our Intellectual Property (see below in the “Intellectual Property” section for a definition) is confidential and you agree not to share Our Intellectual Property, or the personal stories or other information shared by the other participants with third parties.

Ownership and Nondisclosure of Subscription Materials:  During your use of the Services you may receive content, information, and materials from us, for example: content, training materials, audio files, videos, PDFs, downloads, and any other information that we share with you during your time in the Services in any format (collectively “Subscription Materials”). We retain all intellectual property rights to the Subscription Materials and to derivative works in any form arising from or used in conjunction with the Services (collectively “Our Intellectual Property”).  Our Intellectual Property is solely for your own personal use, and may not be copied, used, modified, or distributed for any purpose, except that you may make one copy for your own personal use. There is no granted or implied license to sell or distribute Our Intellectual Property. Any disclosure of Our Intellectual Property to any third party by you is strictly prohibited and will be grounds for immediate termination of this Agreement. We encourage you to share about your involvement and experience with the Services if inspired to, however sharing of Subscription Materials is prohibited.

Rights to Record; Authorized Use; Release. Subject to the terms of the paragraph titled “Confidentiality” above, you agree that we may share or use images, screenshots, audio recordings and or video recordings of you obtained while enrolled in the Subscription in connection with the marketing and promotion of the Services and our future products and offerings, including but not limited to your name, image, voice, and testimonials you provide us with.  You waive any right to payment, royalties, or any other compensation for the use of such images, audio recordings, or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. You will hold us harmless, release, and forever discharge us from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have by reason of this authorization. Any acknowledgment or credit of you in connection with the Services or any recording, if any, will be determined by us in our sole discretion. 

Group Rules: We value inclusivity. In order to have a successful group experience, the following actions are prohibited. If, in our discretion, you take any of the actions described below, you can be immediately removed from the Services, or removed from the live calls, and the Private Community Group. NO REFUNDS WILL BE GIVEN.

1. Upload or otherwise share with the other members of the Services or us any content that is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading, infringes the intellectual or other proprietary interests of third parties; contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Services or otherwise breaches or encourages other users to breach this Agreement.

2. Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Services.

3. Attempt to, or introduce viruses or any other computer code, files or Services that may interrupt, destroy, or limit the functionality of the Services or our Private Community Group;

4. Gain or attempt to gain unauthorized access to the Services including the networks or user accounts; or

5. Attempt to or engage in conduct that damages, disables, overburdens, or impairs our website, servers, or networks.

6. Prohibited Data. You agree not to submit via the Services any information or data that is subject to safeguarding and/or limitations on distribution pursuant to applicable laws and/or regulation (“Prohibited Information”) including Personally Identifiable Information (“PII”). With regard to PII, you acknowledge that the Hub Community is not a Business Associate or subcontractor (as those terms are defined in the Health Insurance Portability and Accountability Act (“HIPAA”)) and that the Services are not HIPAA compliant. We will have no liability under these Terms for Prohibited Information, notwithstanding anything to the contrary herein. PII is data that (i) that directly identifies an individual (e.g., name, address, social security number or other identifying number or code, telephone number, email address, etc.) or (ii) by which an agency intends to identify specific individuals in conjunction with other data elements, i.e., indirect identification. (These data elements may include a combination of gender, race, birth date, geographic indicator, and other descriptors). Additionally, information permitting the physical or online contacting of a specific individual is the same as personally identifiable information. This information can be maintained in either paper, electronic or other media.

DISCLAIMERS:

Personal Responsibility: You understand that you are 100% responsible for your own practice. We cannot make any guarantees as to the results of your use of the Services. You agree to take responsibility for your own results, and you understand that dissatisfaction with our independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned. If we recommend or refer you to a third-party service provider, for example a social media support person or virtual assistant, we are not responsible for their work. 

The information presented in the Private Community Group  Is Not Therapy or Medical Treatment or Guidance. You understand that the Private Community Group is a place to exchange ideas and education- However it is not a place where medical diagnoses and or treatment plans for physical or mental disorders may be made. While you may share certain issues you are facing in your practice (so long as the information shared is not PII), you will not receive nor should you expect a formal consultation or second opinion. This Private Community Group is not to be used as a substitute for seeking appropriate second opinions, supervision, using your own discretion and medical education and experience as to the creation of diagnoses or treatment plans for the medical care, mental health care, substance abuse treatment of yourself or your patients or third parties. It is your exclusive responsibility to seek such independent professional guidance as needed. You understand that we (and our owners, employees, contractors and agents) are not acting as licensed health care professionals, chiropractors, or members of the clergy. We are not attempting to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body by moderating or running the Private Community Group.  Any advice given by us is not meant to take the place of advice by a licensed healthcare professional working with you in that capacity. If you are seeking advice because you or one of your patients feel unwell, or otherwise in need of professional counseling or therapy, it is your responsibility to seek licensed professional help for yourself or your patient. If we reasonably believe that your needs are for licensed professional help and/or medical treatment, we reserve the right to cancel your access to the Private Community Group until you receive or appropriate medical treatment or seek appropriate guidance.  If you or your patients are under the care of a healthcare professional or currently use prescription medications, you should discuss any dietary changes or potential dietary supplements use with your doctor and should not discontinue any prescription medications without first consulting your doctor and you should encourage your patients to do the same.

Other Disclaimers: We do not warrant that access to our website or any third-party service provider we use to deliver the Services will be uninterrupted or error free.  We are not liable for any default due to acts out of our control, including but not limited to - an act of God, pandemic, epidemic, civil unrest, terrorism, war, strike, fire, flood, hurricane, or industrial action. You agree to indemnify us and our employees, contractors, agents, officers, and other designees for any claim arising directly or indirectly from your acts and omissions related to your involvement with the Services and use of our website.

We give no warranties with respect to any aspect of the Services, or any materials related thereto or offered in connection with the Services and, to the fullest extent possible under the laws governing this Agreement, disclaim all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability.

LIMITATION OF LIABILITY: IN NO EVENT WILL OUR LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT OF THE SUBSCRIPTION FEES.

Dispute Resolution: The Parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement through discussions made in good faith as a condition precedent to pursuing any other available legal or equitable remedy, with the exception of our right to enforce your payment obligations as set forth in this Agreement. If any legal action or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Miscellaneous: This Agreement will not be construed to create any association, partnership, joint venture, employee or agency relationship between you and us for any purpose. This Agreement shall be construed according to the laws of the State of Vermont, and disputes arising from it will be handled exclusively in Caledonia County. In the event that any provision of this Agreement is deemed illegal or unenforceable, the remaining portions of the Agreement shall remain in full force. No waiver or forbearance by either Party of any rights under this Agreement precludes such party from exercising those rights in any other instance. Any provision of this agreement that contemplates performance or observance by a party subsequent to the termination or expiration of this Agreement and any right or obligation of the parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement. Neither party may assign this Agreement to any other party. Any notifications may be sent to us via email support@tcm-hub.com with notice due upon receipt, notice may be sent to you at the billing address you provided when you paid for the Services, or alternatively at the email address you used to do the same. No invalidity, illegality or unenforceability of any provision herein shall affect any other term or provision of this Agreement. This agreement constitutes the entire understanding between the parties as to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties. No amendment to this agreement will be effective unless it is in writing and signed by both parties. If these terms conflict with any of Circle’s terms of use, Circle’s terms of use will apply.

WAIVER OF LIABILITY, RELEASE, AND INDEMNITY

Assumption of the Risk; Waiver, Indemnification: The Private Community Group may include informational content related to Chinese Medicine diagnosis and treatment.  Participating in the Private Community Group is at your own risk you fully acknowledge and take full responsibility for and assume all the risks involved in your use of the information and educational resources and third party content posted to or otherwise available in the Private Community Group. 

You agree and acknowledge that your use of the Private Community Group is entirely voluntary and that any action or lack of action, on your part is done solely by your own choice.  You acknowledge that any harm, injury, or loss that may occur to you or your property as a result of your use of the information shared in the Private Community Group whether by us or by a third party, is neither our responsibility nor our liability. 

In the event that you or one of your patients or a third party that you advise are injured or harmed, you agree to assume any financial obligation, either through your personal health insurance, or through some other means, for any medical costs you or they may incur. You understand and acknowledge that we will not assume responsibility for any medical expenses, injury, or damage you may suffer in connection with your use of the Private Community Group.

You, on behalf of yourself, your heirs, successors, and assigns, hereby waive, release, discharge, and covenant not to sue us or Michael Peluso or Rebecca Ong individually, including the members, employees, agents, and independent contractors of the foregoing (collectively, “Released Parties”) from any and all claims, including for ordinary negligence, carelessness, action or inaction of the aforementioned persons or parties to the greatest extent permitted by the State of Vermont. You also agree to HOLD HARMLESS AND INDEMNIFY us and or Michael Peluso or Rebecca Ong individually, and any or all of the Released Parties from all claims against them resulting from Michael Peluso or Rebecca Ong individually, and or our negligence, gross negligence or willful or reckless conduct in connection with your use of the Private Community Group. You further agree to pay Released Parties’ expenses, including attorneys’ fees, in the event that you, your spouse, children or anyone on your (or your children’s) behalf, asserts a claim or lawsuit against Released Parties for injuries or damages arising out of your use of the Private Community Group.

You agree that the purpose of this agreement is that it shall be an enforceable WAIVER OF LIABILITY, RELEASE, AND INDEMNITY as broad and inclusive as is permitted by Vermont law, and that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. You also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement. 

Acknowledgment and Understanding: By signing this Agreement if in paper form, or clicking “Register,” “Purchase,” “Buy Now,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise in the Program, you, in your personal name and on behalf of your relatives, heirs, legal you agree to the terms of this Agreement, and  knowingly and freely assume all risks, both known and unknown, even if arising from the negligence of the Released Parties or others and assume full responsibility for your participation in the Program. 

You certify that you have read this waiver of liability and indemnity agreement and acknowledge, represent & warrant that you understand you am giving up substantial legal rights, including your right to sue, and that (1) you are doing so voluntarily and (2) you are 18 years or older and of sound mind. You further agree and acknowledge that your signature below constitutes a complete assumption of the inherent risks of the Program and an agreement to indemnify and hold harmless the Released Parties.

By checking the box indicating that you understand and have read these terms, and alternatively by your payment of the Subscription Fee, you acknowledge that: (1) you have received a copy of this Agreement and Waiver; (2) you have had an opportunity to discuss the contents with us and, if desired, to have it reviewed by an attorney; and (3) you understand, accept and agree to abide by this Agreement as of the Effective Date.