We may change these Terms or modify any features of the Services (as defined below) at any time. The most current version of the Terms can be viewed by clicking on the "Terms" link posted through the Services. You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes.
For purposes of these Terms, the references to "we," "us," or "our" will refer to Bloom Spa, Inc. and its respective Affiliates. The term "Affiliates" means any entity or person that controls, is controlled by, or under common control with, such as a subsidiary, parent company, agent, representative or employee.
1. Use of the Site
Bloom Spa, Inc. is a California professional corporation which engages in the practice of medicine (collectively "Medical Groups"). Medical Groups and owns and operates a website located bloomspa.com and other related websites and mobile applications (collectively the "Site") with links to these Terms. These Terms govern your use of the Site and the services and/or products available to you through the Site (collectively, the "Services"). By: (a) accessing and using the Site, (b) purchasing and/or using any Services provided through the Site, and/or (c) providing your personal information to us, you agree to be bound by these Terms and all other terms and policies that appear on the Site, whether or not you register for an account with us ("Account") through the Site. Your compliance with these Terms is a condition to your use of this Site. If you do not wish to be bound by any of these Terms, you may not use the Site or the Services and, as such, must promptly exit this Site.
3. Important Information about Your Use of the Services
Do not use the services for emergency medical needs. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY.
As with any health care services, there are potential risks associated with the use of the Services on the Site. These risks include, but may not be limited to:
By accepting these Terms, you acknowledge that you understand and agree with each of the following:
AND POLICIES, INCLUDING HOW YOUR PERSONAL HEALTH INFORMATION IS COLLECTED AND HANDLED.
6. User Accounts
When you register on the Site, you are required to create an account ("Account") by entering your name and e-mail address, a password, and certain other information collected by us (collectively "Account Information"). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. We reserve the right to take any and all action, as we deem necessary, appropriate or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall we be held liable to you for any liability or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else's account at any time.
7. User Information/Prohibited Conduct
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to us and each of the Providers that you have the legal right and authorization to provide all User Information to us and to the Providers for use as set forth herein, and as required by us or any of your Providers.
8. Use of the Services by Individuals Under Age 18
This Site is not directed to children and children are not eligible to use our Services. We will not knowingly collect information from Site users under the age of eighteen (18). If you are under age 18, please do not attempt to use the Site or any of our Services or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under 18, we will delete that information as quickly as possible.
9. Access Rights
We hereby grant to you a limited, non-exclusive, non-transferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms and any separate agreements you may have entered into with us ("Access Rights"). We reserve the right, in our sole and absolute discretion, to deny or suspend use of the Site or Services to anyone for any reason. You agree that you will not, and you will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with Providers through the Site. We are not responsible for any interactions with Providers that are not conducted through the Site. We strongly recommend that you do not use the Site or any of its Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.
10. Fees and Purchase Terms
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing us with your credit card number and associated payment information, you agree that we are authorized to immediately invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You acknowledge and agree that you shall be personally responsible for all incurred expenses. Neither we nor the Providers take or bill insurance providers for any of the Services offered, nor do we offer any guarantee that you shall receive any reimbursement from your insurance provider for any of the Services offered (should you choose to submit a claim for reimbursement directly). We reserve the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms.
11. Website Links
We will not be liable for any information, software, or links found at any other website, internet location, or source of information, nor for the acts or omissions of any such websites or their respective operators.
You may deactivate your Account and end your Site registration at any time, for any reason, by sending an e-mail to email@example.com . We may suspend or terminate your use of the Site, your Account, and/or your registration for any reason at any time. You agree that we will not be liable to you or any third party for any suspension or termination of your password, account or use of the Site or any part thereof, or any removal of any materials that you have submitted to the Site. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination. Subject to applicable law, we reserve the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, we will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Providers are required to provide you with continuing care under their applicable legal, ethical, and professional obligations to you.
13. Right to Modify
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON- INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
15. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to indemnify, defend and hold each of us and respective parents, subsidiaries, affiliates, licensors, suppliers, and each of our directors, officers, affiliates, subcontractors, employees, agents, and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Services and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request. In addition, you agree to indemnify, defend, and hold harmless each of your Provider(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Provider(s).
17. Notice to Consumers
I understand that medical doctors are licensed and regulated by the Medical Board of California and that I may reach them at (800) 633-2322 or at www.mbc.ca.govern
For information purposes only, a link to the federated Centers for Medicare and Medicaid Services (CMS) Open Payments web page is provided here. The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospitals be made available to the public.
I understand that the Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.govern
If you have any questions or concerns about these Terms or the Services, please contact us at firstname.lastname@example.org .