Terms of Service
Integrative Health Innovations, Inc., a California medical corporation doing business as Joy Wellness Partners (“JWP®”) and Herway (“Herway”) (together, “we,” “us,” or “our”), thanks you for visiting our websites (the “Sites”), our mobile application (the “App”), and our electronic health record and patient portal (the “EHR”). The Sites, the App, and the EHR are referred to together as the “Service.”
These Terms of Service (the “Terms”) govern your access to and use of the Service. By using the Service, you acknowledge that you have read, accepted, and agreed to be bound by these Terms.
These Terms govern your use of our websites and digital tools. They are not a treatment agreement. Medical care is governed by the consents, financial policies, and disclosures you receive and sign as a patient, and by our Notice of Privacy Practices.
1. ACCEPTANCE OF TERMS
These Terms constitute an electronic contract that explains the legally binding terms of your use of the Service. By using the Service, you accept and agree to these Terms and any conditions or notices contained or referenced within.
You acknowledge that these Terms may be modified by us at any time, in our sole discretion, and that any modifications will be effective upon posting. Your continued use of the Service shall indicate your acceptance of any modified terms. Further, you agree that we may at any time, in our sole discretion, with or without prior notice to you, modify, cancel, update, reconfigure, supplement, limit, terminate, or otherwise alter the Service or any part thereof, including as between different users, whether temporarily or permanently.
By using the Service, you also agree that we may send you various communications by email or by posting them on the Sites, App, or EHR. You agree to notify us promptly if your email address changes. This consent covers all actions you conduct through the Service. Should you decide that you do not wish to receive communications by email, please contact us at info@joywellnesspartners.com.
Your withdrawal of consent will be effective within a reasonable time after we receive such notice. A withdrawal of consent will not affect the enforceability of these Terms. However, a withdrawal of consent to receive communications electronically may result in termination of your use of the Service. Withdrawing consent to electronic communications does not withdraw your consent to treatment and does not end your relationship with your treating clinician; we will continue to provide legally required communications by other means.
We reserve the right to, and you acknowledge and consent that we may (but are not required to), monitor the Service to the extent permitted by law, including your communications and activities via the Service and in connection with your access and use of the Service, including without limitation information provided by you and information about your geolocation. This monitoring right does not apply to protected health information, which we handle in accordance with HIPAA and our Notice of Privacy Practices.
2. USER ACCOUNT
In order to access certain features of the Service, you may be asked to create a User Account. In creating a User Account, you may be asked to provide certain personalized information to us. Our information collection and use policies with respect to the privacy of such information are set forth in the Service’s Privacy Policy, which is incorporated herein by reference for all purposes. Protected health information created or maintained in connection with your care is governed by our Notice of Privacy Practices and applicable federal and state law, not by the Privacy Policy.
It is your responsibility to provide us with accurate, complete, and up-to-date information for your account. You agree to promptly update such information as needed.
When you create a User Account, you agree to take full responsibility for maintaining the confidentiality of your access credentials used to log into the Service (e.g., username and password), and for all activity that is generated by your User Account. You may not permit anyone else to use your access credentials and you may not use anyone else’s access credentials. You may not attempt to gain unauthorized access to any other user’s access credentials. You agree to immediately notify us in the event that (i) your access credentials are lost or stolen, or (ii) you become aware of any unauthorized use of your access credentials or of any other breach of security that might affect the Service. We are not responsible for any loss or damage arising from someone else using your access credentials or your failure to comply with this section.
3. GENERAL USE OF THE SERVICE
Limited License
Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to: (i) access and use the Service on a device that you own or control solely in connection with your use of the Service; and (ii) access and use any content, information, and related materials that may be made available through the Service to you, in each case solely for your personal use. Any rights not expressly granted herein are reserved by JWP® and Herway and their licensors.
Prohibited Uses
Any commercial or promotional use, distribution, reproduction, or other exploitation of the Service, or any content, code, data, or materials on the Sites, App, or EHR, is strictly prohibited unless you have received express prior written permission from us. Other than as expressly allowed in these Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on or available through the Service.
You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose any of the content, code, data, or other materials on or available through the Service, including without limitation the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary notices. If you make other use of the Service or its content, code, data, or materials, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, or applicable state laws, and may be subject to liability for such unauthorized use.
You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of email or other addresses, contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service, including without limitation any information residing on any server or database connected to the Service; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; (iii) use the Service in any manner with the intent to interrupt, damage, disable, overburden, or impair the Service, including without limitation sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Service in violation of our or any third party’s intellectual property or other proprietary or legal rights; (v) insert your own or a third party’s advertising, branding, or other promotional content into any of the Service’s content, materials, or services; or (vi) use the Service in violation of any applicable law.
You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Service or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service.
Proprietary Rights
The Service is the proprietary property of Integrative Health Innovations, Inc. and/or its third-party licensors, and is protected by U.S. and foreign copyright, trademark, and other intellectual property laws. JWP® is a registered trademark. Your use of the Service does not grant you ownership of any content, code, data, or materials you may access on or through the Service, or download from the Service.
4. MEDICAL SERVICES; INFORMATION NOT MEDICAL ADVICE
Integrative Health Innovations, Inc., doing business as Joy Wellness Partners and Herway, provides medical, healthcare, and wellness services through appropriately licensed healthcare professionals. Services may include medical evaluations, diagnostic testing, treatment planning, prescription therapies, hormone therapy, weight management, regenerative and musculoskeletal treatments, IV therapy, peptide therapy, sexual health services, functional and integrative medicine services, and other services offered by our practices.
The availability and appropriateness of any medical treatment or service is determined by an appropriately licensed healthcare professional based on the individual patient’s medical history, evaluation, clinical needs, and applicable laws and regulations.
Information provided through our websites and other online resources is intended for general informational and educational purposes and does not replace an individualized medical evaluation, diagnosis, or treatment.
Use of the Service alone does not create a physician-patient or other treatment relationship. A treatment relationship is established only when you are evaluated and accepted as a patient by one of our licensed healthcare professionals.
Not for Medical Emergencies
Do not use the Sites, the App, the EHR, or any messaging feature to report a medical emergency. If you are experiencing a medical emergency, call 911 or go to the nearest emergency department immediately. Messages sent through the patient portal are not monitored continuously and may not be reviewed until the next business day.
Service-Specific Terms
These Terms apply to the Service. We may also present to you, through your use of the Service, terms specific to the use of a particular service (“Service-Specific Terms”). All Service-Specific Terms are incorporated into these Terms by reference. To the extent that these Terms conflict with the Service-Specific Terms, the Service-Specific Terms will control.
Age Requirement and Minor Patients
You must be at least 18 years old to create a User Account or otherwise use the Service on your own behalf.
We do treat patients under the age of 18 for certain services, where clinically appropriate and permitted by law, with the consent of a parent or legal guardian. If you are a parent or legal guardian arranging care for a minor:
- You must create and maintain the User Account, and you are responsible for all activity on that account. Minors may not create their own accounts.
- You agree to these Terms both on your own behalf and on behalf of the minor patient.
- You represent that you have legal authority to consent to medical treatment for that minor.
- You are responsible for all fees and charges associated with the minor’s care, including any cancellation fees.
- Access to a minor’s health information through the patient portal is provided in accordance with applicable federal and California law, which in certain circumstances limits or restricts a parent’s or guardian’s access to a minor’s records. Portal access may therefore be modified or discontinued as required by law.
Whether any particular service is clinically appropriate for a minor patient is determined by the treating licensed healthcare professional. Some services are offered to adult patients only.
5. APPOINTMENTS, PAYMENTS, AND CANCELLATIONS
Payments
By scheduling an appointment, treatment, procedure, program, membership, or product order through the Service, you agree to pay the fee indicated for the item scheduled or ordered. Payments may be charged at the time of scheduling, at the time of service, or in accordance with the terms of the applicable program, package, or membership. A deposit may be required to reserve certain appointments, and any deposit will be applied to the cost of the scheduled service.
Fees for our medical, healthcare, wellness, and related services are set out in our Financial Policies, which are incorporated into these Terms by reference. To the extent these Terms conflict with the Financial Policies with respect to fees, billing, cancellations, or refunds, the Financial Policies will control.
Cancellations
We require at least 48 hours’ advance notice to cancel or reschedule an appointment. Failure to cancel or reschedule at least 48 hours in advance will result in a $50 cancellation fee. The same 48-hour requirement applies to appointments scheduled fewer than 48 hours in advance.
Certain longer or procedure-based appointments may be subject to a different cancellation fee, which will be disclosed to you at the time of scheduling.
Refunds and Credits
In the event that a licensed healthcare professional is unable to perform a scheduled service due to circumstances outside of the patient’s control, or for reasons other than the patient’s medical condition or health, you will receive a full refund or credit.
In the event that a licensed healthcare professional determines that a scheduled service is not clinically appropriate for you, or that a service must be discontinued after it has begun, you will receive a refund or credit for the portion of the scheduled service that was not rendered.
Fees for services actually rendered, including any evaluation or consultation performed, are non-refundable.
Packages, series, memberships, and prepaid treatment programs are non-refundable. Unused sessions within a package may, at our discretion, be applied as a credit toward other services offered by our practices. Any expiration period applicable to a package or membership will be disclosed at the time of purchase and is set out in our Financial Policies.
Prescription medications, compounded preparations, and dispensed products are non-returnable and non-refundable once dispensed, as required by law.
Authorization to Charge
By scheduling an appointment or ordering a product, package, or program through the Service, you authorize us to automatically charge your credit card or other payment method on file for the applicable fees or charges, plus any applicable taxes, including any cancellation fee incurred under these Terms or our Financial Policies.
Misrepresentations
If you misrepresent yourself in any manner, including but not limited to a misrepresentation of your age or medical history, we reserve the right to cancel your scheduled service without notice and to charge you the full amount. If, at the time of your scheduled service, you are under the influence of drugs or alcohol, the service will not be performed and you will be charged the full amount.
6. YOUR RESPONSIBILITY FOR MISUSE OF THE SERVICE
You agree to release, indemnify, defend, and hold harmless Integrative Health Innovations, Inc., its affiliates, and its and their shareholders, officers, directors, employees, agents, and advisors from any losses, liabilities, claims, damages, costs, or expenses, including reasonable attorneys’ fees, arising from your misuse of the Service, your placement or transmission of any message, content, or other material through the Service, your violation of these Terms, or your violation of any law or the rights of any third party.
This section applies only to your use of the Sites, App, and EHR. It does not apply to any claim relating to medical, healthcare, or wellness services provided to you.
We may, at our own expense, assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your obligations under this section.
7. THIRD-PARTY WEBSITES OR SERVICES
Our Sites may contain links to, or advertisements and content from, other websites, including those of third parties or business partners (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites. The inclusion of any link to such sites or third-party advertisements on our Service does not imply our endorsement or recommendation, and we make no representations or warranties with respect to such sites or advertisements or their respective goods or services. Any reliance on third-party sites and advertisements is done at your own risk.
8. WEBSITES AND DIGITAL TOOLS PROVIDED “AS IS”
This section applies to the Sites, App, and EHR only. It does not apply to the medical, healthcare, and wellness services we provide, which are delivered by licensed healthcare professionals in accordance with applicable professional standards and the consents you sign as a patient.
We work to keep our Sites, App, and EHR accurate, available, and secure. We provide them on an “as is” and “as available” basis, and to the maximum extent permitted by applicable law we disclaim all warranties and conditions relating to the Sites, App, and EHR, whether express, statutory, or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement, and any warranty that access will be uninterrupted or error-free.
9. NO GUARANTEE OF RESULTS
Individual results from any medical, healthcare, or wellness service vary. Descriptions of services, before-and-after images, testimonials, and outcome information appearing on the Service are illustrative and are not a promise, warranty, or guarantee of any particular result for you. No clinician has guaranteed any result to you unless that guarantee is stated in a separate written agreement signed by us. Your treating clinician will discuss realistic expectations, risks, and alternatives with you as part of the informed consent process.
10. LIMITATION OF LIABILITY FOR THE SERVICE
This section applies to your use of the Sites, App, and EHR. It does not apply to medical, healthcare, or wellness services. Any claim relating to the care you receive is governed by the consents, agreements, and disclosures you receive and sign as a patient, and by applicable California law. Nothing in these Terms limits, waives, or releases any liability that cannot be limited, waived, or released under applicable law.
Subject to the paragraph above, and to the maximum extent permitted by applicable law: WE ARE NOT LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES, APP, OR EHR, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. TERM AND TERMINATION
These Terms remain in full force and effect until they are terminated pursuant to the terms herein; however, either party may terminate these Terms at any time without notice. Upon any termination or expiration, we will stop providing the Service to you.
Termination of these Terms affects your access to the Sites, App, and EHR only. It does not by itself end any treatment relationship, and it does not affect your right to obtain copies of your medical records or our obligations regarding those records under applicable law. Ending a treatment relationship is handled separately in accordance with our patient policies and applicable professional standards.
12. INFORMATION
We do not warrant or guarantee the accuracy, completeness, or timeliness of any general informational content available via the Service. We do not authorize the use of information available via the Service for any purpose other than your personal use. You may not resell, redistribute, or use this information for commercial purposes. This section does not apply to your own medical records, which we maintain in accordance with applicable law.
13. AVAILABILITY
Our goal is to provide a product with outstanding uptime and reliability. Planned downtime, intellectual property claims, and matters outside of our reasonable control are some of the circumstances that may lead to the Service being unavailable. Although we strive to operate without interruption, we do not guarantee that the Service will always be made available. If the patient portal is unavailable and you need to reach us, please call the clinic directly.
14. INFORMATION SECURITY
We have used commercially reasonable efforts to implement a variety of administrative, managerial, and technical security measures designed to protect your personal information from unauthorized use and disclosure. We cannot, however, guarantee security of the information contained in your User Account or otherwise collected by us, and we cannot promise that such measures will prevent third-party “hackers” from illegally accessing the Service or its contents. We are not responsible or liable for any third-party access to or use of the information contained in your account or otherwise collected by us, except to the extent such responsibility may not be disclaimed under applicable law, including HIPAA and the California Confidentiality of Medical Information Act.
15. INTERNATIONAL VISITORS
We control and operate the Service from the United States of America. We do not represent that materials on the Service are appropriate or available for use in other locations. Persons who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
16. INTELLECTUAL PROPERTY AND COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and ask our users, advertisers, licensors, and service providers to do the same. If you believe that your intellectual property is accessible on our Sites or App in a way that constitutes infringement, please contact us at info@joywellnesspartners.com. In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notices of claims of copyright infringement on the Sites or App. Our Copyright Agent may be reached at info@joywellnesspartners.com.
17. ELECTRONIC COMMUNICATIONS
The very nature of the Service provides communications by us and by electronic means (e.g., via email, text message). For purposes of forming a legally binding agreement, you consent to receive communications from us in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any applicable legal requirements, including that these be made in writing.
You acknowledge that there is inherent risk in use of the Internet and that information transmitted through the Internet in general is not confidential. We cannot and do not guarantee the privacy or protection of any electronic communications through the Internet. Unencrypted email and text message are not secure. Please use the patient portal for any communication involving your medical information.
18. REMEDIES FOR BREACH
If we determine, in our sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Sites or App, we reserve the right to: (i) remove your name and information from our notification lists; (ii) notify and/or fully cooperate with the proper law enforcement authorities for further action; (iii) discontinue your ability to use the Service; and/or (iv) take any other action which we deem to be appropriate.
If your ability to access the Service is discontinued by us due to your violation of any portion of these Terms or for conduct otherwise inappropriate, in our sole discretion, then you agree that you shall not attempt to re-register with or access the Service and/or any other product, content, or service provided by us, through use of a different name or otherwise.
The remedies contained in these Terms are not the exclusive remedies for your breach, but will be in addition to all other remedies available to us by law or in equity.
19. OTHER TERMS
19.1 Assignment. You may not assign or otherwise transfer any rights, or delegate or otherwise transfer any of your obligations or performance, under these Terms, in each case whether voluntary, involuntary, by operation of law, or otherwise, without our prior written consent. Any purported assignment, delegation, or transfer in violation of this section is void. We may freely assign or otherwise transfer all or any of our rights, or delegate or otherwise transfer all or any of our obligations or performance, under these Terms without your consent. These Terms are binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
19.2 Entire Agreement. These Terms constitute the complete and entire agreement between you and us concerning their subject matter, and supersede all prior agreements and representations between the parties with respect to that subject matter. These Terms do not supersede any informed consent, treatment agreement, arbitration agreement, financial policy, or other document you sign as a patient.
19.3 Interpretation. The use of the terms “includes,” “including,” “such as,” and similar terms will be deemed not to limit what else may be included. The headings in these Terms are for reference only and do not affect the interpretation of these Terms.
19.4 No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
19.5 Severability. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms will continue in full force and effect.
19.6 Governing Law and Jurisdiction. These Terms are governed by and construed under the laws of the State of California without reference to its conflict of law principles. In the event of any conflict between foreign law, rules, and regulations and California law, rules, and regulations, California law, rules, and regulations will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the state and federal courts located in San Diego County, California.
19.7 Disputes Concerning Medical Care. These Terms do not govern how disputes concerning your medical care are resolved. If you have signed an arbitration agreement as part of your patient paperwork, that agreement controls the resolution of disputes within its scope, according to its own terms.
20. CONTACT US
If you have any questions concerning these Terms, please contact us at info@joywellnesspartners.com.