TERMS AND CONDITIONS
Purpose of the Website
This Website contains general information, is designed for educational purposes only, and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Use of this Website does not create a patient relationship with ASK Acupuncture LLC or Abigail Ballaban, LAc.
The Website services are not for use for medical emergencies or urgent situations. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
ASK Acupuncture LLC MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION CONTAINED OR REFERENCED IN THIS WEBSITE. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (“CONTENT”) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” THE CONTENT IS PROVIDED WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ASK Acupuncture LLC, ITS AFFILIATES, LICENSEES, AND LICENSORS DO NOT WARRANT THAT (1) THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; (2) THE CONTENT WILL MEET YOUR REQUIREMENTS; (3) THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (4) ANY DEFECTS OR ERRORS IN THIS WEBSITE WILL BE CORRECTED; OR (5) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK.
Content available through this Website may represent the opinions and judgments of an information provider, site user, or other person or entity not connected with ASK Acupuncture LLC. We do not endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by anyone other than ourselves.
The information on this website is not based on the medical model and none of the information is meant to be a prescription for any kind of treatment, medical or otherwise. References to other organizations and materials are for convenience only and are not intended as endorsements. The author has made every effort to present the current research accurately and assumes no responsibility for inaccuracies, omissions, or errors contained in the source materials. The author and publisher are not liable for misuse of information provided. The author and publisher are neither liable nor responsible to any person or entity for any loss, damage, or injury caused or alleged to be caused by the information on this website. The articles and blog posts on this website should be used for guidance only and is not to be treated as a substitute for individual professional treatment by a physician or acupuncturist.
Limitation of Liability
ASK Acupuncture LLC DOES NOT ASSUME ANY RISK FOR YOUR USE OF THIS WEBSITE. USERS OF THIS WEBSITE SHOULD BE AWARE THAT INFORMATION ABOUT HEALTH CARE CHANGES CONSTANTLY, AND BECAUSE THIS WEBSITE IS ONLY UPDATED PERIODICALLY, IT MAY NOT CONTAIN THE MOST RECENT INFORMATION. ASK Acupuncture LLC RESERVES THE RIGHT TO UPDATE OR CHANGE INFORMATION CONTAINED IN THIS WEBSITE AT ANY TIME. ASK Acupuncture LLC IS NOT RESPONSIBLE FOR INFORMATION APPEARING AT HYPERLINKS. THE USE OF THIS WEBSITE DOES NOT CREATE A PATIENT RELATIONSHIP AND DOES NOT OBLIGATE ASK Acupuncture LLC TO FOLLOW-UP OR CONTACT USERS OF THIS WEBSITE.
UNDER NO CIRCUMSTANCES SHALL ASK Acupuncture LLC, ITS AFFILIATES, LICENSEES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY SERVICE OFFERED THROUGH THIS WEBSITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, OR ACCESSED THROUGH, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ASKAcupuncture LLC IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ASK Acupuncture LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN THE EVENT THAT STATE OR LOCAL LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ASK Acupuncture LLC LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Limitations of Information and/or Services
The information contained on the Website in no way replaces the professional services of, but not limited to, medical professions. With regards to your medical and mental health, you should consult a medical doctor, especially in emergency situations. ASK Acupuncture LLC makes no prescriptions, recommendations, or insinuations, regarding medical treatment or medication on the Website; though recommendations may be made to seek evaluations by medical or other professionals. However, we are neither responsible nor liable for any damages that may result from such recommendations or referrals.
Treatment of Minors
Some of the information available on the Website may not be appropriate for children. We never collect or maintain information at the Website from those we actually know are under 18, and no part of the Website is structured to attract anyone under 18.
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of this Website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons, therefore, your right to use the services available on this Website immediately ceases, and you acknowledge and agree that we may immediately bar any further access to this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Your obligations to ASK Acupuncture LLC will continue upon termination of your rights under these Terms, including restrictions regarding the content, disclaimers, indemnification obligations and liability limitations under the Terms. Upon termination of your rights, you must promptly destroy all content downloaded or obtained from this Website, as well as all copies of any content.
In the event of any litigation arising out of or relating to these Terms or the breach, termination, validity, or enforcement of these Terms, the prevailing party shall be entitled to recover all costs and reasonable attorneys’ fees incurred, including, without limitation, costs and attorneys’ fees incurred in any investigations, trials, bankruptcies, and appeals. Any cause of action brought by you against ASK Acupuncture LLC must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights or obligations under these Terms to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms.
You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this Website.
Unless the context of these Terms otherwise clearly requires, references to the plural include the singular and the singular include the plural. Wherever the context so requires, the masculine shall refer to the feminine, the feminine shall refer to the masculine, the masculine or the feminine shall refer to the neuter, and the neuter shall refer to the masculine or the feminine.
The captions of these Terms are for convenience and ease of reference only and in no way define, describe, extend, or limit the scope or intent of these Terms.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, our original intentions, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
What Personal Information Do We Collect From the People That Visit Our Blog, Website Or App?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
When Do We Collect Your Information?
We collect information from you when you register on our site, fill out a form or enter information on our site.
How Do We Use Your Information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, browse the website, or use certain other site features in the following ways:
- To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To administer a contest, promotion, survey or other site feature.
- To process your transactions.
How Do We Protect Visitor Information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do We Use “Cookies”?
We do not use “cookies” for tracking purposes.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. If you disable cookies, some features may be disabled that make your site experience more efficient and some of our services may not function properly.
Third Party Disclosure:
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.
Third Party Links:
We do not include or offer third party services on our website.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We have not enabled Google AdSense on our site but we may do so in the future.
Users are able to change their personal information by logging in to their account, if applicable.
How does our site handle “do not track” signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third party behavioral tracking?
We do not allow third party behavioral tracking.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur, we will notify the users via email within 7 business days.
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Process orders and to send information and updates pertaining to orders
- We may also send you additional information related to your product and/or service.
To be in accordance with CAN-SPAM we agree to the following:
- NOT use false, or misleading subjects or email addresses
- Identify the message as an advertisement in some reasonable way
- Include the physical address of our business or site headquarters
- Monitor third party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly
- Allow users to unsubscribe by using the link at the bottom of each email
If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.
Copyright © 2021 by Abigail Ballaban, LAc
All right reserved. No part of the website may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage and retrieval system, without permission in writing from the publisher.