Terms and Conditions
Welcome to www.eacuwell.com. Eastern Acupuncture and Wellness LLC, a Florida limited liability company (“Eastern Acupuncture and Wellness”) provides its services to you subject to the following terms. Please take a few minutes to review these. If you do not agree with any of these Terms of Use, do not use this Website.
In addition, when you use any current or future www.eacuwell.com service or visit or purchase from any vendor of www.eacuwell.com, whether or not included in the www.eacuwell.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
The information provided on this site is intended for your general knowledge only and is not a substitute for professional medical advice or treatment for specific medical conditions. You should not use this information to diagnose or treat a health problem or disease without consulting with a qualified healthcare provider. Please consult your healthcare provider with any questions or concerns you may have regarding your condition.
YOUR ACCOUNT
For purposes of identification, billing and marketing, you agree to provide Eastern Acupuncture and Wellness with current, accurate, complete, and updated information required by the registration for online ordering, including your legal name, address and telephone number(s). You agree to notify Eastern Acupuncture and Wellness immediately of any changes in your registration data. Proceeding with the registration process indicates your intent to comply with this term.
No one under the age of eighteen (18) may register or use the Eastern Acupuncture and Wellness site and by using the site or registering you are verifying that you comply with this requirement.
Eastern Acupuncture and Wellness may terminate your account or delete your profile (including vendor accounts and profiles) for any or no reason, in Eastern Acupuncture and Wellness’s sole discretion. Such decisions are final, and may occur with our without warning.
DELIVERY OF NOTIFICATION
You may receive e-mail notifications from Eastern Acupuncture and Wellness at the e-mail address provided in your registration. Your acceptance of these Terms and Conditions constitutes the acceptance of email delivery of all info in lieu of any other method from Eastern Acupuncture and Wellness and failure to receive any other form of this data is not defensible grounds for non-payment of monies due from you to Eastern Acupuncture and Wellness.
LICENSE AND SITE ACCESS
Eastern Acupuncture and Wellness grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Eastern Acupuncture and Wellness. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Eastern Acupuncture and Wellness so long as the link does not portray Eastern Acupuncture and Wellness or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any of Eastern Acupuncture and Wellness’s logos or other proprietary graphics or trademarks as part of the link without express written permission.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, illustrations, page headers, audio clips, video clips, digital downloads, data compilations and software is the property of Eastern Acupuncture and Wellness and is protected by U.S. and international copyright laws. The collection, compilation, assembly and arrangement of all content on this site is the exclusive property of Eastern Acupuncture and Wellness and is protected by U.S. and international copyright laws.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE INFORMATION AND SERVICES ON THIS WEB SITE ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS. ‘Eastern Acupuncture and Wellness’ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEB SITE OR YOUR USE OF THIS WEB SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ‘Eastern Acupuncture and Wellness’ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND USE.
NEITHER ‘Eastern Acupuncture and Wellness’ NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, OR THIRD PARTY VENDORS, WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEB SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEB SITE, THE DATA CONTAINED HEREIN OR THE PRODUCTS OR SERVICES OFFERED ON THIS WEB SITE AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEB SITE OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ‘Eastern Acupuncture and Wellness’ OR OF ANY OR ITS VENDORS PROVIDING SOFTWARE OR SERVICES. IN NO EVENT WILL ‘Eastern Acupuncture and Wellness’ OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, EVEN IF ‘Eastern Acupuncture and Wellness’ OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ‘Eastern Acupuncture and Wellness’ UNDER SUCH CIRCUMSTANCES FOR LIABILITIES WHICH OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $50.
INFORMED CONSENT TO TREAT
I understand that I am the decision maker for my health care. Part of this office’s role is to provide me with information to assist me in making informed choices. This process is often referred to as “informed consent” and involves my understanding and agreement regarding the care recommended, the benefits and risks associated with the care, alternatives, and the potential effect on my health if I choose not to receive the care.
Acupuncture is not intended to substitute for diagnosis or treatment by medical doctors or to be used as an alternative to necessary medical care. It is expected that you are under the care of a primary care physician or medical specialist, that pregnant patients are being managed by an appropriate healthcare professional, and that patients seeking adjunctive cancer support are under the care of an oncologist.
I hereby request and consent to the performance of acupuncture treatments and other procedures within the scope of the practice of acupuncture on me (or on the patient named below, for whom I am legally responsible) by the acupuncturist indicated below and/or other licensed acupuncturists who now or in the future treat me while employed by, working or associated with, or serving as back-up for the acupuncturist named below, including those working at the clinic or office listed below or any other office or clinic, whether signatories to this form or not.
I understand that methods of treatment may include, but are not limited to, acupuncture, moxibustion, cupping, electrical stimulation, Tui-Na (Chinese massage), Chinese herbal medicine, and nutritional counseling. I understand that the herbs may need to be prepared and the teas consumed according to the instructions provided orally and in writing. The herbs may have an unpleasant smell or taste. I will immediately notify a member of the clinical staff of any unanticipated or unpleasant effects associated with the consumption of the herbs. I understand that it is not possible to consider every possible complication to care. I have been informed that acupuncture is a generally safe method of treatment, but, as with all types of healthcare interventions, there are some risks to care, including, but not limited to: bruising; numbness or tingling near the needling sites that may last a few days; and dizziness or fainting. Burns and/or scarring are a potential risk of moxibustion and cupping, or when treatment involves the use of heat lamps. Bruising is a common side effect of cupping. Unusual risks of acupuncture include nerve damage and organ puncture, including lung puncture (pneumothorax). Infection is another possible risk, although the clinic uses sterile disposable needles and maintains a clean and safe environment.
I understand that while this document describes the major risks of treatment, other side effects and risks may occur. The herbs and nutritional supplements (which are from plant, animal, and mineral sources) that have been recommended are traditionally considered safe in the practice of Chinese Medicine, although some may be toxic in large doses.
I understand that some herbs may be inappropriate during pregnancy. I will notify a clinical staff member who is caring for me if I am, or become, pregnant or if I am nursing. Should I become pregnant, I will discontinue all herbs and supplements until I have consulted and received advice from my acupuncturist and/or obstetrician. Some possible side effects of taking herbs are: nausea; gas; stomachache; vomiting; liver or kidney damage; headache; diarrhea; rashes; hives; and tingling of the tongue. While I do not expect the clinical staff to be able to anticipate and explain all possible risks and complications of treatment, I wish to rely on the clinical staff to exercise judgment during the course of treatment which the clinical staff thinks at the time, based upon the facts then known, is in my best interest. I understand that, as with all healthcare approaches, results are not guaranteed, and there is no promise to cure.
I understand that I must inform, and continue to fully inform, this office of any medical history, family history, medications, and/or supplements being taken currently (prescription and over-the-counter). I understand the clinical and administrative staff may review my patient records and lab reports, but all my records will be kept confidential and will not be released without my written consent.
I understand that there are treatment options available for my condition other than acupuncture procedures. These options may include, but are not limited to: self-administered care, over-the-counter pain relievers, physical measures and rest, medical care with prescription drugs, physical therapy, bracing, injections, and surgery. Lastly, I understand that I have the right to a second opinion and to secure other options about my circumstances and healthcare as I see fit.
I understand massage can be defined as structured, professional touch. Massage techniques manually manipulate the muscles, tendons, and fascia of the body to promote health and wellness. Benefits of massage include stress reduction, circulation enhancement, increased relaxation, and relief from muscular tension, soreness, and pain. I understand Massage Therapists do not diagnose medical diseases or musculoskeletal conditions and massage is not a substitute for medical examination and treatment. Massage therapists do not prescribe herbs or drugs, including aspirin or ibuprofen, or medical treatments. They do not perform spinal adjustments and they cannot counsel clients about emotional or spiritual issues as would be provided by a mental health professional or spiritual leader. If you experience symptoms that lead you to believe you may have a medical condition, it is recommended that you visit a physician for diagnosis and treatment.
I understand that massage may lead to adverse reactions in certain situations or when used with certain conditions or medications. The massage therapist will evaluate your health-history intake and ask you questions to make sure it is safe for you to receive massage. In the event the massage therapist is uncertain that massage will be of benefit to you, he or she may ask you to provide a note from your physician stating that it is safe for you to receive massage. Please provide complete details of medical conditions and medications to your massage therapist during the health-intake interview. Failure to inform the massage therapist of all medical conditions and medications may place you at increased risk for adverse reactions.
By voluntarily signing consent form, I confirm that I have read, or have had read to me, the above consent to treatment, have been told about the risks and benefits of acupuncture and other procedures, and have had an opportunity to ask questions. I agree with the current or future recommendations for care. I intend this consent form to cover the entire course of treatment for my present condition and for any future condition(s) for which I seek treatment.
ONLINE SERVICES
To the extent you utilize Eastern Acupuncture and Wellness Web site, you acknowledge that there is no guarantee that communications or transactions conducted online will be secure. Eastern Acupuncture and Wellness’s WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND USE.
APPLICABLE LAW
By visiting Eastern Acupuncture and Wellness’s Web site, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that may arise between you and Eastern Acupuncture and Wellness or its vendors. You agree that any dispute relating in any way to your visit to this Web site shall be submitted to any state or federal court located within Broward County, Florida, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATIONS AND SEVERABILITY
Please review our other policies, such as those relating to Privacy that are posted on this site. These policies also govern your visit to this web site. We may make changes to our site, policies and these Terms and Conditions at any time, so you should review the policies and these Terms and Conditions each time you visit the site. If any of these Terms and Conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. You also may be subject to additional terms and conditions that may apply when you use affiliate services. The failure of Eastern Acupuncture and Wellness to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site must be filed within six (6) months after such claim arose or be forever barred.
THESE TERMS AND CONDITIONS OF USE MAY CHANGE
Eastern Acupuncture and Wellness reserves the right to update or modify these Terms and Conditions of Use at any time without prior notice. Your use of this Web site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions of Use as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the www.eacuwell.com Web site.
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