Terms of use policy

Blossom Bay Health, LLC

Terms and Conditions of Use

Welcome to Blossom Bay Health, LLC ("Blossom Bay Health," "we," "us," or "our"). These Terms and Conditions of Use ("Terms") govern your access to and use of our online interfaces and properties, including but not limited to our website located at https://www.blossombayhealth.com (the "Site"), as well as any services provided through the Site or any other means, such as mobile applications (collectively, the "Services"). By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site or Services.

User Representations

By accessing or using the Site or Services, you represent and warrant that you are at least eighteen (18) years of age and have the legal authority to agree to these Terms and use the Site and Services. You further represent and warrant that all information you provide to us is accurate, complete, and up-to-date. You agree to comply with all applicable laws and regulations regarding your use of the Site and Services and to not interfere with or disrupt the Site, Services, or their security measures.

Modification of Terms

We reserve the right to update or modify these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting. Your continued use of the Site or Services following the posting of any changes constitutes acceptance of those changes.

Modification of Site and Services

We reserve the right to modify, suspend, or discontinue any aspect of the Site or Services at any time without prior notice. This may include maintenance or upgrades to the Site or Services, which may temporarily suspend or limit your access. We will make reasonable efforts to notify users in advance of any scheduled maintenance or upgrades, but you acknowledge that we are not liable for any damages or losses resulting from such actions.

License

By accepting these Terms, you are granted a limited, non-assignable, non-sublicensable, non-exclusive license to access and use the Site and Services for personal, non-commercial use. You agree not to grant any third party access to your account or use of the Site or Services.

Use of Services

Upon registering for a user account, you are required to provide us with your name, email address, and phone number. We may use your email address or phone number to send important updates about the Site and Services, as well as notifications regarding information and documents relevant to your account. While some users may have the option to opt out of certain emails, this may not apply to all communications. Your use of the Site and Services is subject to our Privacy Policy, which is hereby incorporated by reference into these Terms of Use.

Certain features of the Site or Services may only be accessible to Registered Users who have created an account with a username and password. Each Registered User is responsible for maintaining the privacy and security of their account credentials and personal information. You agree to promptly notify us of any unauthorized use of your account or breach of security.

Emergency Situations

It is important to note that neither the Site nor Services are intended for emergency situations. In the event of a medical emergency, you should dial 911 immediately. The Site and Services are not designed to support or facilitate emergency calls to law enforcement or healthcare providers.

Professional Services

By requesting a medical consultation through the Site, you acknowledge that you are entering into a clinician/patient relationship with a licensed healthcare provider ("Provider"), who will be solely responsible for providing professional medical services. You agree to be financially responsible for any services provided by a Provider.

The Practice offers educational resources and facilitates access to telehealth services, but we do not provide medical services ourselves. We are independent from the Providers who render telehealth services, and we are not responsible for their actions or the content of their communications. By using the Site and Services, you acknowledge that you are not entering into a provider-patient relationship with The Practice.

Medical Disclaimers

We do not guarantee the content or quality of any treatment decision, recommendation, or response from a Provider. Providers use the Site to connect with users, but they do not act on behalf of The Practice. You and the Provider are solely responsible for all information and communications exchanged during consultations. The Site is not a substitute for an existing relationship with your physician or healthcare provider, and you should seek emergency care if needed.

Prescription Products

The Practice does not guarantee the issuance of a prescription. It is up to the Provider to determine the appropriate treatment for you. If a Provider recommends a prescription product, you will receive information about how to proceed with filling the prescription.

Calling & SMS Messages

You may opt to receive telephone calls and text (SMS) messages from us regarding your use of the Site and Services. By enrolling to receive such communications, you consent to receive transactional messages and updates from us or our affiliates. You can unsubscribe from these communications at any time by following the instructions provided on the enrollment page or by texting "STOP" to the received message. Alternatively, you can contact us at 727-201-2422 to unenroll from SMS messages.

Content of Communication

We do not endorse or take responsibility for the content of communications made using the Site. Any content received or transmitted is the sole responsibility of the individual originator. You agree to take responsibility for the content you upload onto the Site and agree not to use the Site or Services for unlawful purposes. You also agree not to tamper with the administration, security, or function of the Site or Services, or to impersonate any individual or entity.

Information Disclaimer

All information displayed on the Site is for informational purposes only and should not be construed as professional opinions or medical advice. The information provided on the Site is not a substitute for professional medical advice, diagnosis, or treatment.

Payment

We may charge fees for certain Services. By using these Services, you agree to pay any applicable fees, including taxes and service fees, associated with your registered account. We reserve the right to change prices at any time and will provide you with notice prior to any changes. If we are unable to collect fees owed through your account, we may take necessary steps to collect such fees, and you will be responsible for associated costs.

Refund Policy

Change or cancellation requests for orders or requests made through the Service should be directed to Blossom Bay Health at info@blossombayhealth.com or through your account dashboard. We cannot guarantee accommodation of such requests. Once a medical provider has acted upon an order or request, associated fees are non-refundable.

By accepting these additional terms, you acknowledge and agree to abide by the provisions outlined above. If you have any questions or concerns, please contact us at info@blossombayhealth.com.

Termination

We reserve the right to terminate, rescind, revoke, or modify your access to the Site or Services without notice at any time for any reason. Violation of these Terms of Use will result in immediate termination. We shall not be liable to you or any third party for such termination. You may opt out of the Site or Services at any time.

Intellectual Property

All materials on the Site or Services, including design, layout, and organization ("Materials"), are owned and copyrighted by us or our affiliates and are protected by applicable intellectual property laws. All rights and title to the Materials, trademarks, and service marks herein remain with us or its licensors. You are authorized to view the Site or Services and Materials. You may not reproduce, distribute, sell, publish, broadcast, or exploit any portion of the Site or Services or the Materials for commercial gain. You agree that your use of the Site or Services will not infringe upon any copyright, patent, trademark, trade secret, or other proprietary rights.

Copyright Notices

We reserve the right to remove any content or material available on or through our Services at any time. We comply with the provisions of the Digital Millennium Copyright Act ("DMCA") and respond to notices of alleged copyright infringement. If you have objections to copyrighted content on our Site or Services, you may submit a notification to us.

Trademarks

Our name, logos, product and service names, designs, and slogans are trademarks of The Practice or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Third Party Websites

We may provide external links to third-party websites. These Terms of Use only apply to your relationship with us and the Site or Services and do not describe the terms and conditions of third-party websites. Your use of third-party websites is at your own risk and subject to the third party’s terms and conditions. We disclaim all liability for any information provided on linked sites.

No Endorsement

Information provided on the Site is for your convenience only. We do not endorse the promotions, products, publications, or services of any third parties. We do not warrant or validate the advertisements, promotions, communications, or other materials of any third party. Any views expressed by third parties on the Site or Services are solely the views of such third party, and we assume no responsibility or liability for the accuracy of any statement made by such third party.

Geographic Restriction

We provide this Site for use only by persons located in certain locations within the United States. We make no claims that the Site and Services are accessible or appropriate outside of those locations within the United States. If you access the Site or Services from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.

Indemnification

You agree to hold harmless, defend, and indemnify us and our affiliates from all liabilities, claims, demands, and expenses arising from or related to your use of the Site or Services, your breach of these Terms of Use, the content you provide, and any negligent or wrongful acts or omissions by you.

Limitation on Liability

In no event shall we be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any other pecuniary loss, arising out of or connected with this Site or the provision of Services, even if advised of the possibility of such damages. We are not liable for any decision made or action taken based on the use of this Site or Services, except as required by law.

Your acceptance of this limitation of liability is an essential term of these Terms of Use. If you are a California resident, you waive your rights under California Civil Code Section 1542. Our liability shall be limited to the maximum extent
permitted by law.

Disclaimer

The Site or Services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site or Services will be uninterrupted, error-free, or free from viruses or other harmful components. While we will make reasonable efforts to keep the content timely and accurate, we make no guarantees about its accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose. We assume no liability arising from or relating to any delay, failure, interruption, or corruption of data or other information transmitted in connection with the use of the Site or Services.

We will not be liable for any loss or damage caused by distributed denial-of-service attacks, viruses, or other technologically harmful material that may infect your computer equipment, programs, data, or other proprietary material due to your use of the Website or any Services or items obtained through the Website.

Governing Law

These Terms of Use shall be governed by and construed in accordance with State Laws as amended from time to time, without regard to principles of conflicts of law.

Limitation on Time to File Claims

Any cause of action or claim arising out of or relating to these Terms of Use or the Site or Services must be commenced within one (1) year after the cause of action occurs; otherwise, such cause of action or claim is permanently barred.

Agreement to Arbitrate, Venue

Any dispute, claim, or controversy arising out of or relating to these Terms of Use or the use of the Services will be settled by binding arbitration, except for certain exceptions outlined in the clause. You may decline the arbitration provisions by providing us with written notice within thirty (30) days following your agreement to these Terms of Use. The exclusive jurisdiction and venue for any disputes will be the state and federal courts located in the State of Florida.

Arbitration Fees

The costs of any arbitration, as described in the previous section, including without limitation, the fees of the arbitrator (but excluding each party’s attorney’s fees) shall be paid by the claimant who initiates an arbitration.

Severability

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

Waiver

No delay by us in the exercise of any right shall be deemed a waiver thereof, nor shall the waiver of a right or remedy in a particular instance constitute a waiver of such right or remedy generally.

If you have any further questions or concerns regarding these Terms of Use, please do not hesitate to contact us at info@blossombayhealth.com.

If you have any inquiries, feel free to reach out to us by filling out a form.

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