Terms of Service

Agreement to These Terms

[Practice Name], [Website URL] (the “website”), is operated by [Legal Entity Name] (“Company,” “we,” “us,” or “our”) and provides visitors information on the website subject to the following terms of service (“Terms of Service”). The term “you” refers to any visitor, viewer or user of the website and/or any user of any free or paid program, product, service or appointment request offered by the Company (each, a “Product”).

By viewing, visiting or using the website and/or a Product, you indicate your acceptance of and agreement to be bound by these Terms of Service and our Privacy Policy, which is incorporated by reference (collectively, this “Agreement”). If you do not accept this Agreement, please do not use the website or any Products.

We reserve the right to amend this Agreement at any time without notice to you. We will alert you to any changes by posting the effective date of the latest version at the top of this page, at which point the changes become immediately effective. It is your responsibility to check for updates, as your continued use of the website or any Products after this Agreement is amended will constitute your acceptance of the amended Agreement.

Text Messaging (SMS) Terms

Opt-Out and Support

You can cancel the SMS service at any time. Just text “STOP” to [A2P Phone Number]. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program, you can reply with the keyword “HELP” for more assistance, or you can get help directly at [Email Address].

Carrier Liability

Carriers are not liable for delayed or undelivered messages.

Message Frequency

Message and data rates may apply for any messages sent to you from us and to us from you. You will receive a variable number of messages depending on your appointments and selected services, but we will not initiate more than [Max Messages] texts in a day. If you have any questions about your text plan or data plan, please contact your wireless provider.

Privacy

If you have any questions regarding privacy, please read our Privacy Policy.

Medical Disclaimer

The Company maintains this website as an informational resource only. The medical information on this website is provided as a general information resource, and nothing in the text, images, pictures, videos, products, services or any other content on the website should be considered, or used as a substitute for, medical advice, diagnosis and/or treatment.

This information is not intended to be specific or individual patient education, does not create any type of patient–healthcare provider relationship, and should not be used as a substitute for professional medical advice, diagnosis and/or treatment.

Medical information changes constantly. While every effort has been made to offer current, correct and clearly expressed information on this website, we make no representations or warranties about the content, completeness, suitability, adequacy, quality, sequence, accuracy or timeliness of that information. Website content has been compiled from a variety of sources and is subject to change without notice to you. Reliance on any information provided on this website or any linked websites is solely at your own risk, and we expressly disclaim responsibility, and shall have no liability, for any damages, loss, injury or liability whatsoever suffered as a result of your use, misuse or reliance on the information contained on this website.

We recommend that you consult a physician or other healthcare provider before making any healthcare decisions or for any medical guidance. Never disregard professional medical advice or delay seeking medical treatment because of something you have read or accessed through this website. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room.

U.S. Residents 18 and Over Only

The website is intended only for individuals 18 years of age or older residing in the United States. We make no representation that this website is appropriate or available for use outside the United States. If you access the website or any Products from outside the United States, you do so at your own risk and on your own initiative, and it is solely your responsibility to comply with the laws of your jurisdiction.

Guidelines for Use

We have established certain guidelines to keep our community safe (“Guidelines”). By visiting or using the website or any Product, you agree to abide by these Guidelines:

• You will comply with all applicable laws.
• You will not upload, post, send, email or otherwise make available any information or content that infringes any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary right, or any content you do not have the right to make available.
• You will not act in any way that is fraudulent, false, misleading, deceitful or deceptive, such as impersonating another individual or falsifying your association with an individual or entity.
• You will not upload, post, send, email or otherwise make available any material, or behave in any manner, that could be perceived as harassing, demeaning, threatening, stalking, defamatory, sexually explicit, abusive, vulgar, hateful, obscene, indecent or otherwise objectionable.
• You will not make available any material that would reveal the personal information of another individual.
• You will not behave in any manner that could limit or otherwise affect any other person’s use or enjoyment of the website or any Product.
• You will not engage in any unsolicited or unauthorized advertising, and you will not send any spam.
• You will not attempt to gain unauthorized access to any portion of the website or any Product.
• You will not engage in, or encourage others to engage in, any activity that would violate any law, constitute a criminal offense, give rise to civil liability or infringe on the rights of any third party.
• You will not send any materials that contain viruses, trojan horses, worms, time bombs, adware, keystroke loggers or any other code that could harm or interfere with our systems.
• You will not engage in market research or any research intended to help a competitor.
• You will not deploy any automated query program, such as a bot or spider, at any time or for any purpose without our express written consent.
• With the exception of any personal information you share (which is covered by our Privacy Policy), once you make any material available to us, we have the right to display, repurpose or otherwise use that material in any way.
• You will notify us using the contact information below if you know or have reason to know that a violation of these Guidelines has occurred.

We reserve the right to deny you access to the website and any Products, in our sole discretion, at any time and for any reason.

Intellectual Property

The website, its content and all Products, including but not limited to videos, photographs, sound recordings, images, digital content, downloadable materials, software, text, graphics and other material, are owned or licensed by the Company and are protected by copyright, trademark (registered or unregistered), design rights, database rights and all other intellectual property rights afforded to us (“Intellectual Property”).

You may view and access our Intellectual Property for your own personal, non-commercial use, provided that:

• Our Intellectual Property is kept intact with the proper copyright and other intellectual property notices; and
• You do not reproduce, resell, distribute, publicly perform, create derivative works of, translate, transmit, post, republish, exploit, copy or otherwise use our Intellectual Property for any commercial or non-personal use without our explicit written consent.

Written consent is given at our sole discretion. If you have any questions, please contact us using the information below.

No Warranties

Your use of this website and any Products is entirely at your own risk, as the website and our Products are provided on an “as is” and “as available” basis. We make no express or implied warranties or representations relating to the website, its content or our Products, including but not limited to warranties of title, merchantability, fitness for a particular purpose and non-infringement of third-party rights. We also make no warranty that the website will operate without error, or that the website, the servers it relies on, our Products or any content are free of computer viruses or other harmful features. Some jurisdictions do not permit the exclusion of certain warranties, so some of these exclusions may not apply to you.

Limitation of Liability

To the fullest extent permitted by law, the Company and our directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees shall not be liable for any direct, indirect, special, incidental, consequential, exemplary or other loss or damage, including but not limited to loss of profits, goodwill, business interruption, use or loss of data or other intangible losses, arising out of or related to your use of or inability to access this website or any Products, or your reliance on any advice, opinion, information, representation or omission contained on or received through this website or any Products, even if we have been advised of the possibility of such damages.

This limitation of liability applies whether the alleged liability arises from tort, negligence, breach of contract or any other legal theory.

Indemnification

You shall indemnify, defend and hold harmless the Company and our affiliates, and our respective directors, contractors, successors, joint venture partners, shareholders, agents, officers, employees, assignees and licensees, from and against any and all damages, liabilities, losses, costs and expenses resulting from any suits, proceedings, judgments, demands, causes of action and claims (collectively, “Claims”), including legal and accounting fees, whether or not involving a third-party claim, to the extent arising out of, relating to or resulting from: (i) your use or misuse of this website or any Products, (ii) your breach of this Agreement or (iii) your violation of any third-party rights, including any intellectual property or privacy rights. We will provide you with notice of any Claims and may, in our sole discretion, assist you, at your expense, in defending such Claims. We reserve the right to assume exclusive control of the defense of any such Claim, at your expense, including choice of legal counsel. You agree to cooperate and assist us in defending any such Claim.

Limited License

Notwithstanding any other provision of this Agreement, if you purchase or download any Products, we grant you a limited, non-sublicensable, non-transferable, non-exclusive, revocable license (“License”) to use or access those Products for your personal, non-commercial use. Your License is for individual use only, and you may not assign any of your rights or transfer any of your obligations under this Agreement.

If we discover that any violation of this Agreement has occurred, including a violation of your License, we reserve the right to terminate your access to the Products and invoice you for any damages.

Confidential and Health Information

Please do not upload, post, send or email any confidential or sensitive health information through general website forms, blog comments or social media. To discuss your health or medical records, please call us at [Phone Number] or use our secure patient portal. How we handle protected health information is described in our Notice of Privacy Practices.

Fees and Payments

When you pay for any Product or service through this website, you are responsible for all applicable fees and taxes. It is your responsibility to provide complete, accurate and up-to-date billing information. If you are on a payment plan or recurring payment, it is your responsibility to keep a valid payment method on file with us. If your payment method is declined or expires, you agree to pay all applicable fees and taxes due upon demand, along with all costs of collection, including but not limited to attorney’s fees, on any outstanding balance.

Website Availability

Your access to the website or Products may occasionally be restricted, such as when we make repairs or introduce new features, and may become permanently unavailable if we decide to stop operating the website or Products. We cannot guarantee continuous access to the website or Products.

Refund Policy

We reserve the right to change our refund policy at any time. If you are not satisfied with a Product purchased through this website, please contact us within [Refund Window, e.g., 30 days] of your purchase to request a refund. Payments for medical services are governed by [Practice Name]’s financial policy, which is available at our office or upon request.

Governing Law

All matters relating to or arising out of this Agreement shall be governed by and construed under the laws of the State of [State], United States of America, without regard to conflict-of-laws principles that would require the application of any other law.

Binding Arbitration

If either party asserts that there is a dispute arising out of or relating to this Agreement, that party shall first notify the other party in writing, specifying the nature of the dispute and scheduling a meeting to attempt to resolve it.

If no resolution is reached within thirty (30) calendar days of delivery of the written notice, either party may elect to exclusively and finally resolve the dispute by binding arbitration by filing a written notice of arbitration in accordance with this section and the Rules of Conciliation and Arbitration of the International Chamber of Commerce in effect at the time the dispute is submitted (the “ICC Rules”). Notwithstanding anything to the contrary in the ICC Rules, the following terms apply:

• The arbitration shall be conducted by a panel of three (3) arbitrators. Each party may appoint one (1) arbitrator within fifteen (15) days following delivery of the written notice of arbitration, and the third arbitrator shall be selected by the two party-appointed arbitrators within thirty (30) days of their appointment.
• The arbitration shall be held in [Arbitration City, State], United States of America, in the English language.
• The parties shall bear the costs and fees of the arbitration equally, and each party shall bear its own legal expenses. The arbitrators shall apply the law set forth under “Governing Law,” and the proceeding shall be conducted confidentially.
• The arbitrators shall state the reasons and basis for their decision, the reasons for and breakdown of any damages awarded, and the basis for any other remedy authorized under this Agreement, including injunctive relief or specific performance. Nothing in this Agreement prevents us from seeking injunctive or other equitable relief.
• The decision of the arbitrators shall be final and binding on the parties and shall not be subject to appeal or reexamination. The award may be entered as a judgment and enforced by any court of competent jurisdiction.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY PROCEEDING, ACTION OR COUNTERCLAIM.

Injunctive or Other Equitable Relief

We may seek injunctive or other equitable relief necessary to protect our rights and Intellectual Property. All actions or proceedings related to this Agreement that are not subject to binding arbitration will be brought solely in the state or federal courts of the State of [State], United States of America, and you unconditionally and irrevocably consent to the personal and subject-matter jurisdiction of those courts for that purpose.

Class Action Waiver

You agree that any dispute arising out of or relating to this Agreement shall be solely between you and the Company.

YOU AGREE TO WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION. YOU AGREE THAT YOU WILL ONLY MAKE CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY AND CANNOT MAKE CLAIMS AGAINST US AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.

Entire Agreement

This Agreement and the Privacy Policy contain the entire agreement between you and the Company with respect to their subject matter and supersede all prior agreements and understandings, written or oral.

Termination of Agreement

We reserve the right, in our sole discretion, to terminate this Agreement and to terminate, restrict, deny or suspend your access to the website and all Products at any time and for any purpose without prior notice. We also reserve the right to discontinue any or all of the website or Products at any time without prior notice.

Severability

If any provision of this Agreement is held to be invalid, prohibited or unenforceable under applicable law, the remaining provisions will remain in full force and effect.

Miscellaneous

Our failure to act on, or delay in exercising, any privilege, power or right under this Agreement will not operate as a waiver of it, and no single or partial exercise of any privilege, power or right will preclude any other or further exercise of it.

Headings in this Agreement are for convenience only and do not define, limit or extend the scope of this Agreement or any of its provisions.

This Agreement shall inure to the benefit of and be binding upon the successors, heirs, executors, administrators, legal representatives and assigns of the Company. Nothing in this Agreement is intended to confer any rights, remedies, obligations or liabilities on any party other than the Company and its successors and assigns. You may not assign any of your rights or transfer any obligations under this Agreement to any other person.

If any action at law or in equity is necessary to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and disbursements in addition to any other relief to which it may be entitled.

How to Contact Us

If you have any questions about these Terms of Service, please contact us:

[Legal Entity Name] d/b/a [Practice Name]
[Street Address], [City, State ZIP]
Email: [Email Address]
Phone: [Phone Number]