Young & Radiant Med Spa Terms of Use

The following Terms of Use (“Terms” or “Agreement”) govern your access to and use of the Young & Radiant Med Spa website to access professional medical services provided by affiliated medical groups and Providers (collectively, “Young & Radiant”).

Your use of the Site and Services constitutes your acceptance of, and agreement to be bound by all terms. If you disagree with any of these terms, you are not authorized to access or use this Site or Services; please promptly exit this Site. Please note, Young & Radiant provide medical care and offers an online communication platform for Our Providers.

NOTICE OF BINDING ARBITRATION: Your use of this Site and Services is subject to binding individual arbitration of any disputes, as provided in the sections below titled “Disputes” and “Binding Individual Arbitration.”

NOT FOR USE IN EMERGENCIES

THIS SITE DOES NOT PROVIDE EMERGENCY CARE. IF YOU OR SOMEONE ELSE IS AT RISK OF INJURY OR DEATH OR MAY HARM SOMEONE OR THEMSELVES, YOU SHOULD DIAL “911” OR CONTACT AN APPROPRIATE EMERGENCY RESPONDER. YOUNG & RADIANT DOES NOT, AND IS UNDER NO OBLIGATION TO, MONITOR OR RESPOND TO EMERGENCY COMMUNICATIONS.

1. Changes to Terms of Use

We reserve the right to change or add to the terms of this Agreement at any time by posting the amended Terms on Young & Radiant’s website and/or mobile applications (collectively, the “Site”). Changes to these Terms will not weaken the privacy protections applied to your Protected Health Information without your being notified.

Any use of the Services after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any Dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) in place when the Dispute arose. We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice.

2. Additional Terms

Your use of the Services is also subject to any applicable terms, policies, or rules that we may post or provide a link to on the Site. These terms include Young & Radiant’s Privacy Policy.

All such applicable terms, policies, and rules are considered part of these Terms of Use and incorporated by reference.

3. Restrictions on Use

Material from this Site is owned, maintained, operated, licensed, or controlled by Young & Radiant. Modification or use of the materials for any other purpose violates intellectual property rights.

Use of this Site is prohibited in connection with any commercial endeavors, except those that are specifically endorsed or approved by us, or where such use is in violation of applicable laws. As a user of the Site, you agree not to:

• Tamper with this Site.
• Conduct fraudulent activities on or in relation to this Site.
• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the Platform Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Use the Site to advertise or offer to sell goods and services.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the content contained therein.
• Engage in unauthorized framing of or linking to the Site.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Attempt to impersonate another user or person or use the username of another user.
• Sell or otherwise transfer your profile.
• Use any information obtained from the Site to harass, abuse, or harm another person.
• Use the Platform Offerings as part of any effort to compete with us or otherwise use the Site and/or the content for any revenue-generating endeavor or commercial enterprise.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform Offerings to you.
• Delete the copyright or other proprietary rights notice from any content.
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform Offerings.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Use, launch, develop, or distribute any automated system, including any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use the Site in a manner inconsistent with any applicable laws or regulations.

4. Your Privacy; Consent to Treat; Electronic Communication Consent

Upon acceptance of these Terms, you confirm that you have read, understood, and accepted Young & Radiant’s Privacy Policy.

You give permission to the Providers to provide telehealth services for you and/or your minor child (as applicable). You may withdraw this consent at any time by no longer accessing the Site or seeking Services from Young & Radiant. You understand and agree that as part of providing Services to you, your Protected Health Information (as defined by HIPAA), including test results, may be released to an online personal health record and via communication with the Provider’s healthcare team electronically.

You agree that Young & Radiant may send the following to you by email or by posting them on our Site: legal disclosures, these Terms, Privacy Policy, future changes to any of the above, and other notices, policies, communications, or disclosures and information related to the Services. You agree that Young & Radiant may contact you via secure messaging, email, phone, text, or mail regarding the Services. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy.

If you later decide that you do not want to receive certain future communications electronically, please send an email to [email protected]  or a letter to Young & Radiant Med Spa.

You may also opt-out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Young & Radiant. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.

Young & Radiant will need to send you certain communications electronically regarding the Services. You will not be able to opt-out of those communications – e.g., communications regarding updates to these Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you.

5. Social Media

Young & Radiant may provide you opportunities to share information on third-party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, Google+, YouTube, or other similar sites (collectively, “Social Media Sites”). For example, you may use your Instagram handle and tag your photos and postings (“Tagged Content”) with hashtags that we may provide from time to time to submit your Tagged Content for potential use on our Site.

If you post Tagged Content with hashtags as we may provide from time to time, your activity and participation are governed by these Terms. Additionally, you remain responsible for your compliance with other applicable terms and conditions of those Social Media Sites. Without limitation of any other obligations, you agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission.

6. Intellectual Property Rights; Digital Millennium Copyright Act (“DMCA”) Notice

Young & Radiant and all other applicable licensors retain all ownership rights, title, and interest (including all intellectual property rights) worldwide to the Services, including all software and content. No rights are granted to you other than as expressly set forth in these Terms.

All trademarks, service marks, and trade names are owned by Young & Radiant or other respective owners. The Digital Millennium Copyright Act of 1998 provides protection to copyright owners and establishes recourse against copyright infringement.