Terms and Conditions of Use
Welcome to LAV Health, ("LAV 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.lavhealth.com (the "Site") and any services offered through the Site or other mediums, such as mobile applications (collectively, the "Services"). By accessing or using the Site or the Services, you agree to these Terms. If you do not agree to these Terms, you may not access or use the Site or the Services.
User Representations
By accessing or using the Site or the Services, you represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity to accept these Terms and use the Site and the Services. Additionally, you warrant that all information you provide to us is accurate, complete, and current. You agree to comply with all applicable laws and regulations regarding your use of the Site and the Services and not to interfere with or disrupt the Site, the 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 the Services after any such changes are posted constitutes your acceptance of the revised Terms.
Modification of the Site and Services
We reserve the right to modify, suspend, or discontinue any aspect of the Site or the Services at any time without prior notice. This may include maintenance or updates to the Site or the Services, which may temporarily suspend or limit your access. We will make reasonable efforts to notify users in advance of any scheduled maintenance or updates, but you acknowledge that we are not liable for any damage or loss resulting from such actions.
License
By accepting these Terms, you are granted a limited, non-transferable, non-sublicensable, and non-exclusive license to access and use the Site and the Services for personal and non-commercial use. You agree not to grant third parties access to your account or use the Site or the Services.
Use of Services
When registering for a user account, you must provide us with your name, email address, and phone number. We may use your email address or phone number to send you important updates about the Site and the Services, as well as notifications about information and documents relevant to your account. While some users may opt out of certain emails, this may not apply to all communications. Your use of the Site and the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms of Use.
Certain features of the Site or the Services may be available only 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 security breaches.
Emergency Situations
It is important to note that neither the Site nor the Services are intended for emergency situations. In the event of a medical emergency, you should dial 911 immediately. The Site and the 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 doctor-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 telemedicine services, but we do not provide medical services ourselves. We are independent of the Providers who offer telemedicine services and are not responsible for their actions or the content of their communications. By using the Site and the 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 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 doctor or healthcare provider, and you should seek emergency care if necessary.
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 on how to proceed with the prescription.
Calls and SMS Messages
You may opt to receive phone calls and text messages (SMS) from us regarding your use of the Site and the Services. By signing up to receive such communications, you agree to receive transactional messages and updates from us or our affiliates. You may unsubscribe from these communications at any time by following the instructions provided on the sign-up page or by texting "STOP" to the received message. Alternatively, you can contact us at (727) 210-5527 to unsubscribe from SMS messages.
Communication Content
We do not endorse or assume 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 to the Site and to not use the Site or the Services for illegal purposes. You also agree not to manipulate the administration, security, or operation of the Site or the Services or impersonate any person 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 we will notify you before any changes. If we are unable to collect the fees owed through your account, we may take necessary actions to collect such fees, and you will be responsible for associated costs.
Refund Policy
Requests for changes or cancellations of orders or requests made through the Service should be directed to LAV Health at info@lavhealth.com or through your account dashboard. We cannot guarantee the accommodation of such requests. Once a medical provider has acted upon an order or request, the associated fees are non-refundable.
By accepting these additional terms, you acknowledge and agree to comply with the provisions described herein. If you have any questions or concerns, please contact us at info@lavhealth.com.
Termination
We reserve the right to terminate, revoke, or modify your access to the Site or the Services without prior notice at any time and for any reason. Violations of these Terms of Use will result in immediate termination. We will not be liable to you or any third party for such termination. You may choose to discontinue using the Site or the Services at any time.
Intellectual Property
All materials on the Site or the Services, including design, layout, and organization ("Materials"), are owned by us or our affiliates and are protected by applicable intellectual property laws. All rights and titles to the Materials, trademarks, and service marks mentioned herein remain with us or their licensors. You are authorized to view the Site or the Services and Materials. You may not reproduce, distribute, sell, publish, transmit, or exploit any part of the Site or the Services or the Materials for commercial gain. You agree that your use of the Site or the Services will not infringe on 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 file a notice.
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 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 the 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 terms and conditions of the third party. We assume no responsibility for the information provided on linked sites.
No Endorsements
The information provided on the Site is for your convenience only. We do not endorse the promotions, products, publications, or services of third parties. We do not guarantee or validate advertisements, promotions, communications, or other materials from third parties. Any opinions expressed by third parties on the Site or the Services are solely those of such third parties, and we assume no responsibility for the accuracy of any statements made by such third parties.
Geographic Restrictions
We provide this Site for use only by individuals located in certain locations within the United States. We make no representations that the Site and the Services are accessible or appropriate outside those locations within the United States. If you access the Site or the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Indemnification
You agree to hold us 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 the Services, your breach of these Terms of Use, the content you provide, and any negligent or wrongful acts or omissions by you.
Limitation of Liability
In no event will we be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any other pecuniary loss, arising out of or related to this Site or the provision of Services, even if we have been advised of the possibility of such damages. We are not responsible for any decisions made or actions taken based on the use of this Site or the Services, except where 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 Section 1542 of the California Civil Code. Our liability will be limited to the maximum extent permitted by law.
Disclaimer
The Site or the Services are provided "as is" and "as available." We make no representations or warranties of any kind, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that the Site or the Services will be uninterrupted, error-free, or free of viruses or other harmful components. Although we will make reasonable efforts to keep the content timely and accurate, we do not warrant its accuracy, relevance, timeliness, completeness, or suitability for a particular purpose. We assume no liability arising from or related to any delay, failure, interruption, or corruption of data or other information transmitted in connection with the use of the Site or the 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 Site or any Service or items obtained through the Site.
Governing Law
These Terms of Use are governed by and construed in accordance with the laws of the state where we operate, without giving effect to any principles of conflicts of laws.
Limitation of Time to File Claims
Any cause of action or claim arising out of or related to these Terms of Use or the Site or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
Arbitration Agreement and Jurisdiction
Any dispute, claim, or controversy arising out of or relating to these Terms of Use or the use of the Services will be resolved by binding arbitration, except for certain exceptions described in the clause. You may opt out of the arbitration provisions by providing us written notice within thirty (30) days of your acceptance of these Terms of Use. The exclusive jurisdiction and venue for any dispute will be the state and federal courts located in the state where we operate.
Arbitration Fees
The costs of any arbitration, including but not limited to arbitrator fees (excluding each party's attorney fees), will be paid by the claimant initiating the arbitration.
Severability
If any provision of these Terms of Use is held invalid by any court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect.
Waiver
No delay by us in exercising any right will be considered a waiver of that right, nor will the waiver of a right or remedy in a particular instance constitute a waiver of such right or remedy in general.
If you have any questions or concerns regarding these Terms of Use, please feel free to contact us at info@lavhealth.com.
