Terms and Conditions
Last Updated: January 2024
Welcome to Wellspring Health Clinic. These Terms and Conditions ("Terms") govern your access to and use of our website located at your-domain.com (the "Website") and the services provided by Wellspring Health Clinic ("we," "us," or "our"). By accessing or using our Website, you agree to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
1. Acceptance of Terms
By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing this Website.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website after changes are posted constitutes your acceptance of the modified Terms.
2. Description of Services
Wellspring Health Clinic provides healthcare information, appointment scheduling capabilities, and access to medical services through our Website. Our services include but are not limited to:
- General health information and educational content
- Online appointment booking and management
- Patient portal access for existing patients
- Contact information for our healthcare facilities
- Information about our healthcare providers and services
Important: This Website does not provide medical advice, diagnosis, or treatment. Content on this Website is for informational purposes only and is not intended to substitute for professional medical advice, diagnosis, or treatment.
3. Medical Disclaimer
The information provided on this Website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
If you think you may have a medical emergency, call your doctor or 911 immediately. Wellspring Health Clinic does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website.
4. User Account and Registration
Certain features of our Website may require you to register for an account. When registering, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or incomplete, or if you violate these Terms.
5. Privacy and Protected Health Information
Your privacy is important to us. Our collection, use, and disclosure of personal information and protected health information (PHI) is governed by our Privacy Policy and complies with the Health Insurance Portability and Accountability Act (HIPAA) and other applicable laws.
By using this Website, you acknowledge that you have read and understood our Privacy Policy, which is incorporated into these Terms by reference.
6. Intellectual Property Rights
All content on this Website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, the "Content"), is the property of Wellspring Health Clinic or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
You may not:
- Reproduce, duplicate, copy, sell, or exploit any portion of the Website without our express written permission
- Modify, create derivative works, or reverse engineer any part of the Website
- Remove or alter any copyright, trademark, or other proprietary notices
- Use our trademarks, service marks, or logos without prior written consent
Limited permission is granted to download, print, or otherwise use Content solely for personal, non-commercial purposes, provided that all copyright and other proprietary notices are retained.
7. Prohibited Uses
You agree not to use the Website for any unlawful purpose or in any way that could damage, disable, overburden, or impair our servers or networks. Prohibited uses include but are not limited to:
- Violating any local, state, national, or international law
- Transmitting any harmful code, viruses, or malicious software
- Attempting to gain unauthorized access to any portion of the Website
- Interfering with or disrupting the Website or servers
- Impersonating any person or entity or misrepresenting your affiliation
- Collecting or storing personal data about other users
- Using automated systems to access the Website without permission
- Engaging in any form of harassment, abuse, or harmful behavior
- Posting or transmitting false, misleading, or fraudulent information
- Using the Website for any commercial purpose without authorization
8. User-Generated Content
If you submit, post, or transmit any content, including reviews, comments, or testimonials ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content.
You represent and warrant that:
- You own or have necessary rights to the User Content
- The User Content does not violate any third-party rights
- The User Content does not contain defamatory, obscene, or offensive material
- The User Content complies with all applicable laws
We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, without notice.
9. Third-Party Links and Services
This Website may contain links to third-party websites or services that are not owned or controlled by Wellspring Health Clinic. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WELLSPRING HEALTH CLINIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of or inability to access or use the Website
- Any conduct or content of any third party on the Website
- Any content obtained from the Website
- Unauthorized access, use, or alteration of your transmissions or content
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
11. Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
Wellspring Health Clinic does not warrant that:
- The Website will be uninterrupted, timely, secure, or error-free
- The results obtained from the use of the Website will be accurate or reliable
- The quality of any products, services, information, or other material obtained through the Website will meet your expectations
- Any errors in the Website will be corrected
12. Indemnification
You agree to defend, indemnify, and hold harmless Wellspring Health Clinic, its officers, directors, employees, agents, affiliates, and partners from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use of the Website
- Your violation of these Terms
- Your violation of any rights of another person or entity
- Any User Content you submit, post, or transmit through the Website
13. Termination
We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination:
- Your right to use the Website will immediately cease
- You must cease all use of the Website
- All provisions of the Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability
You may terminate your account at any time by contacting us or by discontinuing use of the Website.
14. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Wellspring Health Clinic is principally located, without regard to its conflict of law provisions.
Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in the jurisdiction where Wellspring Health Clinic maintains its principal place of business, and you hereby irrevocably consent to the personal jurisdiction and venue therein.
15. Dispute Resolution
Informal Resolution: If a dispute arises, you agree to first contact us and attempt to resolve the dispute informally by contacting us at the contact information provided on this Website.
Arbitration Agreement: If we cannot resolve the dispute informally, any controversy or claim arising out of or relating to these Terms or the Website shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the state where Wellspring Health Clinic maintains its principal place of business.
Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, no dispute shall be arbitrated on a class-action basis, and you waive any right to participate in a class-action lawsuit or class-wide arbitration.
Exceptions: Notwithstanding the above, either party may bring a claim in small claims court if the claim is within that court's jurisdiction and proceeds on an individual basis.
16. HIPAA Compliance
Wellspring Health Clinic is committed to protecting your health information in compliance with the Health Insurance Portability and Accountability Act (HIPAA) and other applicable privacy laws. Our use and disclosure of protected health information is governed by our Notice of Privacy Practices, which is available on this Website and at our facilities.
When using patient portal features or submitting health information through this Website, you consent to the electronic transmission and storage of such information in accordance with our privacy and security practices.
17. Appointment Scheduling
If you schedule an appointment through this Website, you agree to:
- Provide accurate and complete information
- Arrive on time for your scheduled appointment
- Provide at least 24 hours' notice if you need to cancel or reschedule
- Accept responsibility for any cancellation fees as outlined in our policies
We reserve the right to cancel or reschedule appointments and will make reasonable efforts to notify you of any changes.
18. Electronic Communications
By using this Website or providing us with your email address or phone number, you consent to receive electronic communications from us. These communications may include notices about your account, appointments, services, and promotional messages.
You may opt out of promotional communications by following the unsubscribe instructions provided in such communications or by contacting us directly. You cannot opt out of service-related communications.
19. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.
20. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on this Website, constitute the entire agreement between you and Wellspring Health Clinic concerning your use of the Website and supersede all prior agreements and understandings, whether written or oral, regarding such subject matter.
21. Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
22. Assignment
You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms or any rights hereunder without your consent. Any attempted assignment in violation of this provision shall be null and void.
23. Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
24. Contact Information
If you have any questions about these Terms, please contact us:
Wellspring Health Clinic
Website: your-domain.com
Email: [email protected]
Phone: Available on our Contact page
Address: Available on our Contact page
Acknowledgment
BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THIS WEBSITE.
These Terms were last updated in January 2024. We encourage you to review these Terms periodically for any changes.