Terms &
Conditions.

These Terms & Conditions (“Terms”) govern your use of ewi.care (the “Site”) and any services offered through it by European Wellness Institute, LLC (“European Wellness Institute,” “EWI,” “the Company,” “we,” “us”). By using the site, you agree to these Terms. If you do not agree, do not use the site.

1. Eligibility

You must be at least 18 years old and able to form a binding contract to use this site or request services.

2. No medical advice, no provider relationship

Never disregard professional medical advice or delay seeking it because of something you read on this site. Individual results vary and no outcome is promised or guaranteed.

3. Appointments and services

Requesting an appointment through the site is a request only and is not confirmed until we accept it. We may decline or reschedule any request. Services are provided subject to a separate clinical agreement, consent forms, and the professional judgment of the treating clinician.

4. Fees, payment, and cancellation

Fees, payment, cancellation and refunds for services are governed by your Patient Agreement and summarized in our Refund and Cancellation Policy.

5. Communications

By providing your contact details you agree that we may contact you by phone, email, and, if you opt in, text message. Our messaging practices are described in our SMS Terms & Consent and our Privacy Policy. Message and data rates may apply. Reply STOP to cancel text messages, HELP for help.

6. Intellectual property

The site and its contents, including text, images, graphics, logos, and design, are owned by EWI or its licensors and are protected by intellectual property laws. You may view and print pages for personal, non-commercial use. Any other reproduction, distribution, modification, or commercial use requires our prior written permission.

7. Acceptable use

You agree not to use the site to violate any law, infringe any right, transmit malicious code, attempt unauthorized access, scrape or harvest data, interfere with the site's operation, or submit false or misleading information.

8. Third-party links

The site may link to third-party websites and resources. We do not control them, do not endorse them, and are not responsible for their content, products, or privacy practices.

9. Disclaimers

To the fullest extent permitted by law, the site is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation. This section does not limit the professional obligations owed to you as a patient under applicable law.

10. Limitation of liability

To the fullest extent permitted by law, EWI and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, or goodwill, arising out of your use of the site. Our total liability for claims relating to the site will not exceed the greater of (a) the amounts, if any, you paid to the Company through the Site in the twelve (12) months preceding the claim, or (b) USD 100. Some jurisdictions do not allow these limitations, so they may not apply to you. Nothing here limits liability that cannot be limited by law, including for personal injury caused by negligence.

11. Indemnification

You agree to indemnify and hold harmless EWI from any claims, losses, liabilities, and expenses, including reasonable attorneys' fees, arising from your misuse of the site or breach of these Terms.

12. Governing law and venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules. Except as provided in Section 13 (Dispute resolution), you agree to the exclusive jurisdiction and venue of the state and federal courts located in Collier County, Florida.

13. Dispute resolution

Definitions. “Dispute” means any past, present, or future claim, dispute, or controversy between you (or your heirs, estate, representatives, insurers, or assigns) and the Company (or its members, managers, employees, agents, affiliates, successors, or assigns) arising out of or relating in any way to your use of the ewi.care website, including but not limited to breach of these Terms, any tort claim (whether negligent or intentional), any claim for equitable relief, or the validity, breach, interpretation, formation, arbitrability, inducement, or enforcement of these Terms or this section.

Mediation. Before initiating arbitration, the parties shall first attempt in good faith to resolve any Dispute through non-binding mediation, with an agreed-upon neutral mediator who has been a Florida Supreme Court certified mediator for at least five (5) years.

Initiation. Mediation shall be initiated by either party by delivering a written demand for mediation to the other party. If the opposing party fails or refuses to participate in good-faith scheduling of the mediation after ten (10) days' written notice, the initiating party may unilaterally schedule the mediation with a mediator of its choice. Completion of, or a good-faith attempt to complete, mediation is a condition precedent to initiating arbitration under this section.

Agreement to Arbitrate. If mediation does not resolve the Dispute, the Dispute shall be resolved exclusively through binding arbitration before a single neutral arbitrator. The seat of arbitration shall be Collier County, Florida.

Rules; Administration. Arbitration shall be administered by Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures (or, if applicable, its Expedited Procedures) in effect at the time of filing. If JAMS is unable or unwilling to administer the arbitration, the parties shall jointly select a comparable arbitral institution; failing agreement, either party may petition a court of competent jurisdiction in Collier County, Florida to appoint the arbitrator.

Scope of Authority and Remedies. The arbitrator shall have exclusive authority to resolve all Disputes arising under or relating to these Terms and shall have authority to grant any remedy available in court under law or equity, including injunctive relief and specific performance. The arbitrator's award shall be final and binding, and judgment thereon may be entered in any court of competent jurisdiction.

Limitation on Damages. In any arbitration under these Terms, the arbitrator shall not award special, incidental, indirect, exemplary, punitive, or consequential damages. The Company's aggregate liability arising out of or relating to your use of the website shall not exceed the greater of (a) the amounts, if any, you paid to the Company through the Site in the twelve (12) months preceding the claim, or (b) USD 100.

Clinical Care Carve-Out. Notwithstanding anything in this section, nothing in these Terms limits, releases, or modifies the liability of the Company or any of its physicians, employees, or agents for medical malpractice, professional negligence, or any other tort claim arising from clinical care, which liability shall be governed by Florida law.

Class Action Waiver. Arbitration under these Terms shall be conducted only on an individual basis and not on a class, collective, or consolidated basis. The parties expressly waive any right to participate in a class, collective, or representative action.

Jury Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.

Fees and Costs. Each party shall bear its own attorneys' fees in any arbitration. JAMS administrative fees and the arbitrator's compensation shall be paid as provided in the applicable JAMS rules; provided that, if JAMS rules would impose costs on you that are materially greater than you would face in court, the Company shall, upon written request, advance such excess costs subject to reallocation in the final award.

Federal Arbitration Act; Survival. The parties acknowledge that these Terms evidence a transaction involving interstate commerce, and the Federal Arbitration Act shall govern the interpretation and enforcement of this section. This section shall survive any expiration or termination of these Terms.

14. Changes

We may modify these Terms at any time. Changes take effect when posted, with the “Last updated” date revised. Continued use of the site constitutes acceptance.

15. Severability and entire agreement

If any provision is held unenforceable, the remaining provisions stay in effect. These Terms, together with the Privacy Policy and SMS Terms, are the entire agreement between you and EWI regarding the site.

16. Contact

European Wellness Institute, LLC
8850 Tamiami Trail North, Naples, Florida 34108
239-216-8100 · [email protected]