Terms of Use

Introduction

Welcome to MedSpa SLO (“the Service Provider“), your premier destination for urgent care services. By accessing or using our services, either online or in person, you (“the User“) agree to be bound by these Terms of Use. These Terms govern your access to and use of our services, and by engaging with us, you acknowledge that you have read, understood, and agreed to be bound by these Terms as well as our Privacy Policy.

These Terms of Use are applicable to all users of our services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Your agreement with us includes these Terms of Use and our Privacy Policy (“Agreement“).

Please review these Terms of Use carefully before accessing or using our services. Your use of our services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

Acceptance of Terms

This Agreement sets forth the legally binding terms and conditions for your use of the services. If you do not agree to these terms, you must not access or use the services. The Service Provider reserves the right to modify or replace these terms at any time at its sole discretion. Continued use of the services after any such changes shall constitute your consent to such changes.

Modification of Terms

The Service Provider reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. If a revision is material, the Service Provider will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the Service Provider’s sole discretion.

By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

User Eligibility

This Agreement is only valid between the Service Provider and individuals who are at least 18 years of age. By accessing or using the services provided by the Service Provider, the User represents and warrants that they are at least 18 years of age and have the legal capacity to enter into this Agreement. If a User is under the age of 18, they are prohibited from accessing or using the services and must immediately cease any such use. This Agreement is void where prohibited by law, and the right to access the services is revoked in such jurisdictions.

Provision of Services

The Service Provider offers urgent care services which provide immediate medical attention for non-life-threatening injuries and illnesses that require prompt treatment but don’t warrant an emergency room visit. Medical conditions include minor cuts, sprains, cold and flu symptoms, minor burns, and other acute medical issues.

Users seeking to utilize the services must schedule an appointment and comply with the Service Provider’s pre-service requirements, which may include, but are not limited to, a health screening and consent to treatment. The Service Provider reserves the right to refuse service to any User based on medical considerations or if the User fails to meet the pre-service requirements.

The Service Provider commits to using qualified healthcare professionals to administer urgent care services and to maintaining high standards of hygiene and safety in accordance with applicable health regulations. The provision of services is subject to change at the discretion of the Service Provider, based on availability, regulatory changes, or other factors that may influence the delivery of services.

User Obligations

By accessing or using the urgent care services provided by the Service Provider, the User agrees to comply with the following obligations:

1. Maintain the confidentiality of any account information, user IDs, and passwords associated with their use of the services.
2. Provide accurate, current, and complete information as may be prompted by any registration forms on the Service Provider’s website or platform.
3. Refrain from impersonating any person or entity, or falsely stating or otherwise misrepresenting their identity, age, or affiliation with any person or entity.
4. Not to use the services for any illegal purpose, in violation of any local, state, national, or international law, or for any purpose that is prohibited by these Terms of Use.
5. Not to transmit any material that is defamatory, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
6. Acknowledge that the Service Provider reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Failure to adhere to these obligations may result in the suspension or termination of the User’s access to the services, at the sole discretion of the Service Provider.

Intellectual Property Rights

Within the jurisdiction of California, the intellectual property rights, including but not limited to copyrights, trademarks, service marks, patents, trade secrets, and any other proprietary rights associated with the urgent care services, content, technology, software, and any other materials provided, produced, or made available by Service Provider, or through the services offered, are and shall remain the exclusive property of the Service Provider or its licensors. The User acknowledges and agrees that such intellectual property rights are protected by applicable federal, state, and international laws and treaties.

The User is granted a limited, non-exclusive, non-transferable, revocable license to access and use the services and associated content for personal, non-commercial purposes as permitted by the Service Provider and subject to the terms of this Agreement. Any use of the services or content beyond the scope of the authorized access granted to the User herein is strictly prohibited and may subject the User to legal action and damages. The User agrees not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from, or store any intellectual property of the Service Provider without the express prior written consent of the Service Provider.

This clause does not transfer any intellectual property ownership rights to the User. The User shall not claim any ownership interest in any of the intellectual property of the Service Provider. The User further agrees to refrain from using any trademarks, service marks, logos, or other proprietary graphics or marks of the Service Provider without the prior written permission of the Service Provider. Any unauthorized use of the Service Provider’s intellectual property may violate federal, state, and/or international law.

User Content

By submitting, posting, or displaying content on or through the services provided by the Service Provider, the User grants the Service Provider a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (now known or later developed). This license includes the right for the Service Provider to make such content available to other companies, organizations, or individuals who partner with the Service Provider for the syndication, broadcast, distribution, or publication of such content on other media and services, subject to our terms and conditions for such content use.

The User affirms, represents, and warrants that they own or have the necessary licenses, rights, consents, and permissions to publish the content they submit; and they license to the Service Provider all patent, trademark, trade secret, copyright, or other proprietary rights in and to such content for publication on the service pursuant to these Terms of Use.

The User agrees to defend, indemnify, and hold harmless the Service Provider, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any content or other material the User provides to the Service Provider, the User’s use of any Service Provider content, or the User’s breach of the terms of this Agreement. The User expressly agrees that the Service Provider shall have the right to remove any content at any time, without notice and for any reason, including but not limited to, content that violates this Agreement or is otherwise objectionable.

Prohibited Conduct

In using the services provided by Service Provider, the User agrees not to engage in conduct that is prohibited by this Agreement. Such prohibited conduct includes, but is not limited to:

• Violating any applicable local, state, federal, or international laws, regulations, or guidelines.
• Attempting to access the services in an unauthorized manner, including hacking, password mining, or any other means of gaining unauthorized access to the services, other accounts, computer systems, or networks connected to the services.
• Using the services to transmit viruses, malware, or any other malicious or harmful code.
• Engaging in any activity that interferes with or disrupts the services or servers or networks connected to the services.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the services, use of the services, or access to the services without the express written permission of the Service Provider.
• Infringing upon the Intellectual Property Rights of the Service Provider or others.
• Posting, uploading, emailing, or otherwise transmitting any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Impersonating any person or entity, including, but not limited to, a Service Provider official, forum leader, guide, or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

This list of prohibited conduct is not exhaustive, and the Service Provider reserves the right to determine what constitutes unacceptable use of the services and to take appropriate action, including but not limited to terminating the User’s access to the services.

Disclaimer of Warranties

THE SERVICE PROVIDER PROVIDES THE URGENT CARE SERVICES AND ALL RELATED CONTENT AND MATERIALS “AS IS” AND WITHOUT ANY KIND OF WARRANTY, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE SERVICE PROVIDER OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICES IS AT THE USER’S SOLE RISK.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO ANY User OR THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, THE USE OR THE INABILITY TO USE THE URGENT CARE SERVICES, OR ANY OTHER MATTER RELATING TO THE SERVICE PROVIDED.

Without limiting the foregoing, the Service Provider’s total liability to any User for any claim arising out of or in connection with the Agreement or the services provided shall not exceed the amount paid by the User for the services during the twelve (12) months prior to the claim arising. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The limitations on liability set forth above are fundamental elements of the basis of the bargain between the Service Provider and the User. The services provided would not be provided without such limitations.

Indemnification

The User agrees to indemnify, defend, and hold harmless the Service Provider, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the service from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of the Agreement or any activity related to the User’s account (including negligent or wrongful conduct) by the User or any other person accessing the service using the User’s account.

This indemnification obligation will survive the termination of the Agreement and the User’s use of the urgent care services.

Termination

This Agreement may be terminated by either the Service Provider or the User at any time, with or without cause. The following conditions apply to the termination of this Agreement:

• The User may terminate this Agreement by ceasing to use the Service Provider’s urgent care services and notifying the Service Provider in writing.
• The Service Provider may terminate this Agreement at any time, with immediate effect, if the User breaches any term of this Agreement, including but not limited to the violation of Intellectual Property Rights or misuse of the Service Provider’s services.
• Upon termination, the User must cease all use of the Service Provider’s services and destroy all materials obtained from the Service Provider, including copies of any Content or materials, in the User’s possession, custody, or control that are subject to Intellectual Property Rights.
• The rights to terminate this Agreement are in addition to any other rights or remedies the Service Provider may have at law or in equity.
• Sections of this Agreement that, by their nature, should survive termination will remain in effect after termination, including but not limited to Indemnification, Intellectual Property Rights, and any provisions related to dispute resolution.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the federal or state courts located in California, and the parties hereby consent to the personal jurisdiction and venue therein.

Dispute Resolution

All disputes, claims, or controversies arising out of or relating to the Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

The Service Provider and the User agree that any arbitration shall be limited to the dispute between the Service Provider and the User individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The User and the Service Provider are each responsible for their respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.

Miscellaneous

If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of this Agreement shall remain in full force and effect.

The Service Provider and the User agree that any legal action or proceeding arising out of or related to these Terms of Use or the services provided shall be brought exclusively in the federal or state courts located in California. Both parties consent to the jurisdiction and venue of such courts and waive any objection as to inconvenient forum.

The failure of the Service Provider to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter.