We are Herman Rus Medical Professional Corporation dba Soft Reboot Wellness, a California professional corporation (“SRW”, “Company”, “We”, “Our” and “Us”). SRW provides ketamine treatments. We operate the website www.softrebootwellness.com (“Website”).
When We refer to “you” or “your” We mean you, the person accessing or using Our Website. Any use of the Website is referred to herein as “Service.”
1. OUR WEBSITE.
1.1 Our Website is made available free of charge. We do not guarantee that Our Website, or any content on it, will always be available or be uninterrupted. Access to Our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Our Website without notice. We will not be liable to you if for any reason Our Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
1.2 You are responsible for making all arrangements necessary for you to have access to Our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and that they comply with them.
1.3 WE DO NOT GUARANTEE THAT THE WEBSITE, OR ANY CONTENT ON IT, WILL BE FREE FROM ERRORS OR OMISSIONS. WE USE REASONABLE EFFORTS TO INCLUDE ONLY ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE; HOWEVER, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, CONCERNING SUCH INFORMATION.
1.4 All information provided on the Website does not necessarily reflect the official policy, beliefs or position of SRW.
1.5 The Website and the content on it are provided for general information purposes only. They are not intended to amount to legal, medical or other professional advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Website. You should consult with your health care provider before following any advice on this Website.
2. OUR RIGHTS.
2.1 We are the owner or licensee of all intellectual property rights in, on or of the Website and its content, including the SRW name and mark. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2.2 You are not granted any right to use, and may not use, any of Our intellectual property rights other than as set forth in these Terms. You must not use Our Website (or any part of it or its content) for commercial purposes; however, you may download material from the Website solely for non-commercial, personal use by you.
2.3 No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without Our prior written consent.
2.4 All communications through Our website are in compliance with the Health Insurance Portability Accountability Act of 1996 (“HIPAA”).
3. CHANGE TO OR TERMINATION OF TERMS. We may change these Terms from time to time. We may notify you of such changes by any reasonable means, including by posting a revised version of these Terms. If you object to such changes, your sole recourse shall be to stop using the Website. Your continued use of the Website following notice of any such changes shall indicate your acknowledgement and acceptance of such changes and agreement to be bound.
5. LINKS. We may provide links to other websites or resources for your convenience only, and such links do not signify or imply that We endorse such website or resource or its contents over which We have no control and which We do not monitor. You use those links at your own risk and should apply a reasonable level of caution and discretion in doing so. You agree that We shall have no responsibility or liability for any information, software or materials found at any other website or resource.
6. RESTRICTIONS AND COMMERCIAL USE. Other than provided for in these Terms, you may not copy, make derivative works, resell, distribute, or make any commercial use (other than to keep and share information for your own non-commercial purposes) any content, materials, or databases from Our website or systems.
7. DISCLAIMER OF WARRANTIES.
7.1 You expressly agree that use of the Service is at your sole risk. We provide the Service on an “as is” and “as available” basis. To the fullest extent permitted by law, We expressly disclaim all warranties of any kind, whether express or implied, with respect to Company (including, but not limited to, the implied warranties of fitness for a particular use or purpose, and non-infringement or that all information provided is accurate and reliable). Company makes no warranty that Company will meet your requirements, or that the services will be error free, uninterrupted, timely, secure, free of viruses or other harmful components, or that defects will be corrected. We make no warranty as to the accuracy or reliability of any information obtained through the Service, or that defects in such information or the Service will be corrected. You understand and agree that your use of any material and/or information downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from Company or through the Service shall create any warranty not expressly made herein.
7.2 You represent and warrant to Us that execution, delivery and performance of any aspect(s) of these Terms will not violate any law, ordinance, charter, by-law or rule applicable to you, or any other agreement by which you are bound or by which any of your or their assets are affected.
8. EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY.
8.1 Nothing in these Terms excludes or limits Our liability for:
8.1.1 Death or personal injury caused by Our negligence;
8.1.2 Fraud or fraudulent misrepresentation; and
8.1.3 Any matter in respect of which it would be unlawful for Us to exclude or restrict Our liability.
8.2 WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
8.2.1 USE OF, OR INABILITY TO USE, OUR WEBSITE; OR
8.2.2 USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR WEBSITE
8.3 WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR WEBSITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.
9.1 We do not guarantee that Our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platforms in order to access Our Website, and We recommend that you use your own virus protection software.
9.2 You must not misuse Our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website. You must not attack Our Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act of 1990. We will report any such breach to the relevant law enforcement authorities and We will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Website will cease immediately.
11. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Us, any parent companies, subsidiaries, affiliates, officers, directors, employees, consultants, subcontractors and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of these Terms. We reserve the right, at Our own expense (but subject to reimbursement from you), to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Our defense of such claim.
12. SOCIAL MEDIA.
We operate social media accounts under the SRW (@softrebootwellness), including the SRW Facebook page and the SRW Instagram account (collectively, “Social Media Channels”). Our goal is to provide useful and interesting content related to SRW.
12.1 Grant of License.
12.1.1 By commenting, tweeting, posting and/or uploading a photo or video (hereby known as the “Assets”) to any Social Media Channels with or without a SRW hashtag including [insert], and with or without tagging @softrebootwellness, you grant SRW a non-exclusive, fully paid and royalty-free, transferrable, sub-licensable, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the assets, (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit and display and distribute such content in any and all media or distribution methods now known or later developed, in whole or in part, as well as your image or likeness as reflected therein and your name and/or biographical information in association with the photograph, without further notice, review, participation, compensation from you in any medium existing now or subsequently developed, in connection with SRW.
12.1.2 You also grant SRW permission to use and authorize others to use your name or social media handle you provide in association with the assets for identification, publicity or promotional purposes.
12.1.3 You should understand that any content you submit to Our Social Media Channels is public and will not place SRW under any obligation to you. This means Company is free to disclose and use the ideas contained in content on a non-confidential basis to anyone without any liability to you.
12.1.4 Additionally, you should not use Company’s Social Media Channels to submit unsolicited ideas. Generally, We don’t accept these, and if you submit any – for example by posting them – you need to understand that you do not have any ownership rights in such ideas, that We won’t compensate or reward you, and that We don’t waive any rights to use similar or related ideas previously known to Us, developed by Our employees, or obtained from other sources.
12.1.6 You hereby release SRW and their agents, affiliates and/or assignees from any and all claims for damages of any kind resulting from the use of the Assets; and you will defend and hold SRW harmless from any and all claims arising therefrom.
12.1.7 By submitting content you waive any right to inspect or approve of such uses and agree to hold harmless SRW and all others identified above from any and all claims you, your heirs, executors or assigns may at any time have against Company on account of the granting of the license to Company or arising out of such content.
12.2 Company’s Rights to Social Media Channels
12.2.1 SRW reserves all rights relating to Company’s Social Media Channels, including but not limited to: (i) adding, removing, modifying or deleting any content, (ii) blocking disruptive users; and (iii) discontinuing any of Our Social Media Channels at any time. Company does not represent that the information on Company’s Social Media Channels is accurate, complete, reliable, useful, timely or current. Accordingly, you read all content at your own risk. Do not rely on the information or advice in any of these postings.
Defamatory, malicious, obscene, intimidating, discriminatory, harassing or threatening comments or hate propaganda;
Activity that violates any law or regulation;
Attempts to target Company to offer goods or services, of either a commercial or private nature;
Spam directed at Company or any of Company’s Followers, including any form of automatically generated content or repeatedly posting the same content;
Content that includes medical or legal advice that may be unsolicited and/or unverified;
Content deemed to constitute an unapproved use of any of Our website, service(s), content or product(s) or that is otherwise false or misleading;
Content which We consider may be false, inaccurate or misleading;
Any potential infringement upon any intellectual property rights, including but not limited to, brand names, trade names, logos, copyrights or trade secrets of any person, business or place;
Other content deemed to be off-topic or to disrupt the purposes of the channel, its Followers, and its sense of community and acceptance; and
Content posted by fake or anonymous users.
12.4 Terms and Conditions and Policies of Other Media Sites Apply. This page is intended for a global audience. All terms and conditions and policies of Facebook, Instagram, and any other social media site apply, respectively.
14. NO WAIVER. Our failure to enforce any provisions of these Terms or respond to a breach by you or other parties shall not in any way waive Our right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.
15. ASSIGNMENT. You must not assign these Terms or any rights or obligations herein without the prior written consent of Company and any attempted assignment in contravention of this provision is null and void and of no force or effect. Company has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns.
16. LOCATION AND GOVERNING LAW. These Terms are governed by the laws of the State of California. You and We both agree that, subject to the arbitration provisions of Section 18, the courts located in the County of Santa Clara, State of California will have exclusive jurisdiction of any disputes.
17. DISPUTES AND ARBITRATION. PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
17.2 Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
17.3 The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through Silicon Valley JAMS, California. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or We must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com;
(2) Send three (3) copies of the Demand for Arbitration, plus the appropriate filing fee to : your local JAMS office or to JAMS, 160 W Santa Clara St UNIT 1600, San Jose, CA 95113; and
(3) Send one (1) copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to Santa Clara county, California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and, in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in the city and county of Santa Clara, state of California under California law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
17.4 The arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us. In any arbitration, the Arbitrator will give each party a preliminary draft of the decision at least ten (10) days before the Arbitrator makes the decision final (five (5) days for a preliminary draft after any revision) so that the parties may comment upon the opinion and point out errors.
17.5 NO CLASS ACTIONS. You may only resolve disputes with Us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
17.6 WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
18. SEPARATE TERMS AND CONDITIONS. In connection with your use of this website, you may be asked to consent to additional terms and conditions in addition to these Terms. Please read any supplemental terms before making any use of such portions of the website. Any supplemental terms will not change or replace these Terms regarding the use of this Website, unless expressly stated.
Thank you for visiting Our Website.
Medical Terms of Service
We are Herman Rus Medical Professional Corporation dba Soft Reboot Wellness, a California medical professional corporation (“SRW”, “Company”, “We”, “Our” and “Us”). SRW provides ketamine treatments. We operate the website www.softrebootwellness.com (“Website”).
These Medical Terms of Service (“Terms”) govern your use of the medical services and telehealth services (the “Medical Services”).
Please refer to our Notice of HIPAA Privacy Practices to learn about how We collect, use, share and protect your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
Do not use the Medical Services for emergency or urgent medical matters. For all urgent or emergency matters call 911 or go to the nearest emergency room immediately.
1. Financial Responsibility: You agree to pay Us all charges at the prices then in effect for the Medical Services. You authorize Us to charge your chosen payment method for the Medical Services provide to you. If your payment method is invalid at the time payment is due, you agree to pay all amounts due upon demand. We reserve the right to correct any billing errors or mistakes even if payment has already been requested or received.
2. Missed and Cancelled Appointments: You understand and agree that if you do not show for your appointment or cancel your appointment with less than 48 hours’ notice, you will be charged for the missed or cancelled appointment.
3. Permission to Treat: You give permission to Us to medically treat you. You may withdraw consent at any time by no longer seeking the Medical Services from Us. You understand and agree that as part of providing the Medical Services to you, your Protected Health Information, including test results, may be released to an online personal health record in accordance with our Notice of HIPAA Privacy Practices (insert link).
4. Termination: You may terminate your use of the Medical Services at any time by not using the Medical Services. We may terminate your use of the Medical Services at any time.
5. Mental Health Disclaimer: Mental health services may involve discussing sensitive aspects of your life in person or via Telehealth. If at any point you experience significant increased distress or have thoughts of harming yourself or others, you agree to notify your mental health provider so that an appropriate level of support can be provided.
6. Consent to Electronic Communications: You agree that We may send information to you by email or through Osmind or Klara If you later decide that you do not want to receive certain future communications electronically, please send an email to [insert] or a letter to [insert]. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions. Your withdrawal of consent will be effective within a reasonable time after your withdrawal notice is received.
7. Disclaimer: TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, EXCEPT IN CASE OF NEGLIGENCE OR WILLFUL MISCONDUCT, WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE MEDICAL SERVICES.
The Medical Services are intended for use only within the United States and its territories. We make no representation that the Medical Services are appropriate, or are available for use outside the U.S. Those who choose to access and use the Medical Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.
8. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOST PROFITS OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE MEDICAL SERVICES OR FROM THE USE OF OR INABILITY TO USE THE MEDICAL SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9. Telehealth Services:
We may provide certain Telehealth services to you (“Telehealth Services”). You consent to receive emails or other electronic communications via Osmind and Klara from Us pertaining to your care and your health which may include Protected Health Information. You understand that virtual encounters via phone, email, video, or otherwise, could involve, and you hereby consent to the use of, automated tools for diagnosis, care, treatment or communication pertaining to healthcare matters. You give Us permission to record and process your personal information and medical data. You may withdraw such permission at any time by no longer seeking Telehealth Services.
“Telehealth” is the delivery of healthcare services using technology when the healthcare provider and patient are not in the same physical location, and/or the virtual delivery of healthcare services, including by a medical provider or via digital or automated tools, including without limitation tools for medical or health-related diagnosis and treatment. The Telehealth Services may be used for diagnosis, treatment, care, follow-up and/or patient education, and may include, without limitation, the following: electronic transmission of patient medical records, medical images, and/or other patient data or information; synchronous (i.e., “real time”) and asynchronous (i.e., non-“real time”) interactions via audio, video, text, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output, transmission or exchange of data from medical devices, sound and video files. Further, you understand that it may be possible that your condition cannot be treated via the Telehealth Services, or that information transmitted through the Telehealth Services may not be sufficient or of too poor of image quality, or insufficient information or data to allow for appropriate medical decision making. Accordingly, you may be required to seek additional in-person medical care, alternative healthcare or emergency services. If your health or medical problem or condition persists after use of Telehealth Services, you will immediately contact your medical services provider and seek appropriate additional in-person medical care or emergency care, as appropriate.
10. General Provisions
We may change, suspend, or discontinue any of the Medical Services at any time. We will try to give you prior notice of any material changes to the Medical Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Medical Services.
These Medical Terms of Service will continue in effect after the termination of the Medical Services.