Terms of Services

Health Fusion Concierge Terms of Services

1. Introduction

These Terms of Service (“Terms”) govern your use of the website located at healthfusionconcierge.com and related services provided by Health Fusion Concierge, Inc. (“we,” “us,” or “our”). By accessing or using our website and any associated services (collectively, the “Services”), you agree to be bound by these Terms and any updates we may implement. Continued use of the Services after changes to these Terms indicates your acceptance of those changes.

If you do not agree to any of these Terms, please refrain from using the Site and the Services.

2. Use of the Site and Services

Health Fusion Concierge, Inc. is a California professional corporation engaged in the practice of medicine. By accessing the Site, using our Services, or providing your personal information, you agree to comply with these Terms and any other policies or agreements that appear on the Site. If you do not agree to these Terms, you must discontinue your use of the Site immediately.

3. Privacy and Data Protection

By using our Services, you consent to the collection and use of your information as outlined in our Privacy Policy. Please review our Privacy Policy for further details on how we protect your personal information.

4. Medical Emergencies

Our Services are not intended for emergency medical situations. If you are experiencing a medical emergency, please dial 911 immediately.

5. Service Risks and Limitations

While we strive to deliver the highest quality care, using our Services involves certain risks, including:

• Possible technical issues (e.g., poor image resolution or equipment failure) that may affect the accuracy or timeliness of medical advice.

• Delays in communication due to technological errors.

• Limited access to your full health records, which could impact medical decisions, such as allergic reactions or drug interactions.

• Potential, though rare, breaches in data security despite stringent protective measures.

By using the Services, you acknowledge and agree to these risks, and understand that results cannot be guaranteed. Our Services are offered on a fee-for-service basis, and we do not bill insurance providers. Your Provider may decide that the Services are not appropriate for your needs and may advise against using the Site for certain health issues.

6. Communication and Consent

We may send you necessary communications, such as service updates, appointment reminders, and administrative messages. These may be sent via email, SMS, or notifications on the Site. While we make every effort to use secure communication channels, you acknowledge that unsecured email and text messages may also be used in certain cases, which could pose a privacy risk. You can opt out of SMS communications by replying “STOP,” but essential communications will still be delivered via other means.

For further information on how your personal health information is handled, please refer to our Privacy Policy and Notice of Privacy Practices.

7. Updates to Terms and Policies

We reserve the right to update or modify these Terms and any related policies at our discretion. Any changes will be effective immediately upon posting on the Site. Please review these Terms regularly to stay informed of any updates.

8. User Accounts

When registering on the Site, you must create an account (“Account”) by providing your name, email address, password, and other relevant information (“Account Information”). You must be of legal age to form a binding contract to register. If not, you may not use our Services. You agree that the Account Information you provide is accurate, current, and complete, both during registration and when uploading information to the Site. You may not share or transfer your Account or password, nor create more than one Account.

You are responsible for maintaining the confidentiality of your password and all activities that occur under your Account. We reserve the right to take any necessary action to ensure the security of your Account and the Site. We will not be liable for any loss or damages resulting from your use of the Site, Account, or release of Account Information to third parties. You are prohibited from using another person’s Account at any time.

9. User Conduct

You may not use the Services in a way that harms us or third parties, interferes with the operation of the Site, or violates any law. Specifically, you may not:

• Misrepresent your identity or the origin of transmitted information.

• Provide inaccurate, outdated, or incomplete information.

• Transmit unlawful, defamatory, obscene, fraudulent, harassing, or otherwise harmful content.

• Infringe upon the intellectual property or privacy rights of others.

• Reproduce, distribute, sell, or broadcast content obtained through the Services without express permission.

• Engage in unauthorized data harvesting or scraping activities.

• Overload our systems or interfere with the functionality of the Services.

• Reverse-engineer or create derivative works from the Site’s software.

• Engage in conduct that restricts others from enjoying the Services or exposes us or others to liability.

Violations of system security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute violations. We reserve the right to suspend or terminate your access to the Services for any reason, without notice.

You also agree not to contact other users of the Site through unsolicited means and to ensure you have legal authorization to provide any User Information submitted to us or our Providers.

10. Use of Services by Minors

Our Services are not directed to children under 18. If you are under 18, do not attempt to use the Site or provide personal information. We do not knowingly collect data from individuals under 18. If such information is discovered, we will delete it promptly.

11. Access Rights

We grant you a limited, non-exclusive, non-transferable right to access and use the Site and Services for personal, non-commercial purposes, in compliance with these Terms. We reserve the right to deny or suspend access for any reason.

You agree not to impersonate others, violate laws, reverse-engineer the Site’s software, distribute malware, or use the Site in ways that exceed this granted access. Additionally, refrain from abusive or unlawful conduct when interacting with Providers.

We advise against using the Site on public computers or storing your password in your browser for security purposes.

12. Fees and Purchase Terms

You agree to pay all fees associated with your Account in accordance with our current billing terms. By providing your payment information, you authorize us to invoice your account for any applicable charges. We do not bill insurance providers, nor guarantee reimbursement for Services from your insurer.

We may update pricing or billing structures at any time before payment.

13. External Links

We are not liable for any information, software, or links found on external websites or third-party sources. We are also not responsible for the actions or omissions of operators of such external sites.

14. Termination

You may deactivate your Account at any time by contacting us at support@bloomspa.com. We reserve the right to suspend or terminate your Account for any reason, without notice. Even after termination, the Terms in effect at the time of termination will continue to apply.

Upon termination, we may retain or delete any submitted materials in accordance with our record retention policies. You may still be entitled to access your health records, subject to legal and ethical obligations.

15. Modifications to Terms

We may modify these Terms at any time, effective immediately upon posting. Your continued use of the Site signifies your acceptance of these changes. Any additional terms related to specific Services will be incorporated into these Terms.

If you disagree with any modifications, your sole remedy is to stop using the Site. Continued use signifies acceptance of any updates.

16. Disclaimer of Warranties

Your use of the Site and Services is at your sole risk. The Site and Services are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not guarantee uninterrupted access or error-free Services, nor do we warrant the accuracy or reliability of any content.

You assume responsibility for any damage to your computer systems, data loss, or misuse of information resulting from your use of the Services.

17. Limitation of Liability

We are not liable for any direct, indirect, incidental, special, or consequential damages resulting from your use or inability to use the Site or Services, even if advised of such possibilities. Certain jurisdictions may not allow these exclusions, so some limitations may not apply to you.

18. Indemnification

You agree to indemnify, defend, and hold us and our affiliates harmless from any claims, damages, or liabilities arising from your use of the Services or violation of these Terms. This includes claims related to your failure to adhere to Provider recommendations.

19. Notice to Consumers

Physicians are licensed and regulated by the Medical Board of California. For information, you may contact the board at (800) 633-2322 or visit www.mbc.ca.gov.

We also provide a link to the Centers for Medicare and Medicaid Services (CMS) Open Payments page, which discloses certain payments made to physicians. The database can be accessed at https://openpaymentsdata.cms.gov.

20. Miscellaneous

These Terms are governed by the laws of the State of California. Any waiver or invalid provision will not affect the remaining Terms, which will continue in full force.

We are not liable for breaches caused by events beyond our control, including natural disasters, strikes, or pandemics. In the event of an acquisition, third parties will assume responsibility for your relationship with us, including personal information and account details.

21. Questions

If you have any questions about these Terms or our Services, please contact us at info@healthfusionconcierge.com.