TERMS & CONDITIONS of mindfulinfusionstn.com (“Website”)

Please read these Terms & Conditions very carefully before using the mindfulinfusionstn.com Website as it contains important information regarding limitations of our liability.

WEBSITE OWNER

This Website is owned and operated by Mindful Infusions of Tennessee, PLLC, (“we,” “us,” “our,” “Practice, or “Company,”).  These Terms & Conditions set forth the terms and conditions under which you may use our Website and the services and/or products as offered by us.

TERMS BINDING USE OF THE WEBSITE

This Practice Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein along with our Privacy Policy (/privacy-policy) and Disclaimer (/disclaimer). Your use of this Website constitutes your agreement to all such terms, conditions, and notices. By accessing or using the Website, you approve that you have read, understood, and agree to be bound by these Terms.

CONTENT ON THE WEBSITE – THE OFFERING

This Website offers visitors information and reference materials concerning our Practice and the services and/or products that are offered at our medical clinic. Such information should NOT be considered or construed as medical advice or be used for treatment purposes.  The information provided is NOT intended to replace consultation with a qualified medical professional.  This Website is NOT designed to and does NOT provide medical advice, professional diagnosis, opinion, or treatment to you or to any other individual. It should NOT be relied upon for personal, medical, legal or financial decisions.  You should always consult an appropriate professional for specific advice related to your situation.

The information and any reference materials posted on this Website are for general informational purposes only. All information on the Website is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information provided on the Website.

The Practice undertakes its utmost effort to ensure that the content provided on this Website infringes upon no applicable legal provisions or third-party rights.  In the event of any infringement, without prejudice to any legal prerogatives of users to enforce their rights, users are asked to report related complaints using the contact details provided in this document.

Under no circumstance shall we have any liability to you for any loss or damage of any kind incurred as a result of the use of the Website or reliance on any information provided on the Website. Your use of the Website and your reliance on any information on the Website is solely at your own risk.​

Website forms are HIPAA compliant. Mindful infusions of Tennessee, PLLC has a Business Associate Agreement (BAA) with Google.  The purpose of a BAA is to keep your Protected Health Information (PHI) private and secure.   

WHO CAN USE THE WEBSITE – WHAT ARE THE REQUIREMENTS TO CREATE AN ACCOUNT

In order to use our Website, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms & Conditions as a binding agreement. You are not allowed to use this Website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.  You may only use the services and/or products at our medical clinic with the explicit written permission of your parent or legal guardian.

PROMOTIONAL EMAILS AND CONTENT

As a user or account holder of our Website, you agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don’t want to receive such promotional materials or notices, please notify us as specified in our Privacy Policy (/privacy-policy) at any time and we will be happy to discontinue sending them.

RIGHT TO SUSPEND OR CANCEL USER ACCOUNT

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms & Conditions or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

KEY COMMERCIAL TERMS OFFERED TO CUSTOMERS

The prices we charge for our services and/or products are listed on the Website. We reserve the right to change our prices for these services and/or products displayed at any time, and to correct pricing errors that may inadvertently occur. Pricing information can be found dispersed throughout the Website.

RETENTION OF RIGHT TO CHANGE OFFERING

We may, without prior notice, change the services and/or products; stop providing the services and/or products or any features of the services and/or products we offer; or create limits for the services and/or products. We may permanently or temporarily terminate or suspend access to the services and/or products without notice and liability for any reason, or for no reason.

CORRECTIONS AND RIGHT TO CHANGE AND MODIFY TERMS OF USE

There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.  We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

We, Mindful Infusions of Tennessee, PLLC, reserve the right from time-to-time to modify these Terms & Conditions at our sole discretion by updating this posting. Therefore, you should review these pages periodically. When we change the Terms & Conditions in a significant material manner, we will notify you that material changes have been made to them on the Website. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms & Conditions.  If you do not agree to any of these Terms & Conditions or any future version of them, do not use or access (or continue to access) the Website.

EXTERNAL (THIRD PARTY) LINKS DISCLAIMER

The Website may contain links to other websites (“linked websites”) or content belonging to or originating from third parties. This is done primarily for general information and for educational purposes and such links are provided as a convenience to our users.  Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.

We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the Website.  We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.  The information provided on the Website or through linkages to other sites is NOT a substitute for medical or professional care.  You should not use this information in place of a visit, consultation or the advice of your physician or other healthcare providers.

PROFESSIONAL DISCLAIMER

The Website does NOT provide or offer any kind of medical or health advice. The medical and health information is provided for general informational and educational purposes only and is not a substitute for professional advice. Please reference our Disclaimer Policy (/disclaimer) for more detailed information concerning this professional disclaimer and other disclaimer policies.

Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. Medical information changes constantly, therefore the contents of this Website should not be considered current, complete or exhaustive.  The use or reliance of any information contained on this Website is solely at your own risk.

IN THE EVENT OF A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM

Please note that communication via the internet cannot always guarantee the security or confidentiality of any information which is transmitted.  Because electronic mail can sometimes be delayed, please do not rely on this mode of communication to convey urgent information.

TESTIMONIALS DISCLAIMER

The Website may contain testimonials by users of our services and/or products. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not be typical or representative of all users of our services and/or products. We do not claim, and you should not assume, that all users will have the same experiences because individual results may vary.

The testimonials on the Website are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on the Website. They appear on the Website verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

Mindfulinfusionstn.com is not a forum for testimonials, however it provides testimonials as a means for clients and/or customers to share experiences with other users of our Website. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

The testimonials on the Website are not intended, nor should they be construed, as claims that our services and/or products can be used to diagnose, treat, mitigate, cure, prevent or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.  You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any services and/or products offered on this Website or by the Practice.

DISCLAIMER OF WARRANTY & RESPONSIBILITY FOR SERVICES

We try to keep the information on the Website as accurate as possible.  To the fullest extent permitted by law, we disclaim any warranty concerning its accuracy, timeliness, information, contents, materials, documents, programs, products, services and completeness. No warranty regarding the performance or operation of this Website, express or implied, including any warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.  This Website is provided “as is” and we make no guarantees that it will always be safe, secure, or error-free or that it will function without disruptions, delays or imperfections.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Website, you agree that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions and notices.  You may not use this Website in any manner which could damage, disable, overburden or impair this Website or interfere with any other party’s use and enjoyment of the site.  You may not obtain or attempt to obtain any information through any means not intentionally made available or provided through this Website. You may not misrepresent your identity or affiliation with any person or entity on this Website.

OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS, TRADEMARK NOTICES AND LOGOS

All content of this Website is the proprietary property of Mindful Infusions of Tennessee, PLLC or third parties.  All Rights Reserved.  The logo for our business is a trademark of Mindful Infusions of Tennessee, PLLC.   All other trademarks, product names, images, brands, service marks and logos featured or referred to within this Website are the property of their respective owners.  Use of them does not apply any affiliation with or endorsement of them. They do not sponsor or endorse mindfulinfusionstn.com or any of our services and/or products. If you are aware of any potential infringement of our intellectual property, please contact us by email at info@mindfulinfusionstn.com.

Except as explicitly provided herein, nothing in these Terms & Conditions shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

NO WAIVER

The Owner’s failure to assert any right or provision under these Terms & Conditions shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

INDEMNIFICATION

You agree to indemnify and hold harmless Mindful Infusions of Tennessee, PLLC, the management firm, Rome & Rome, LLC or their employees, agents or representatives, or their affiliates and suppliers, including without limitation Rachel Rome, MD and Denise Rome, CRNA or anyone else involved in creating or maintaining this Website from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the Website or any of the services offered on the Website.

LIABILITY DISCLAIMER AND LIMITATIONS OF LIABILITY

The user assumes all responsibility and risk for the use of this Website, mindfulinfusionstn.com, and the internet in general. 

To the maximum extent permitted by applicable law, in no event and under no circumstances shall Mindful Infusions of Tennessee, PLLC, the management firm, Rome & Rome, LLC or their employees, agents, representatives, affiliates or suppliers, including without limitation Rachel Rome, MD and Denise Rome, CRNA or anyone else involved in creating or maintaining this Website, be liable for or held responsible for any direct, indirect, punitive, incidental, special, equitable, consequential or exemplary damages whatsoever, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of or inability to use or access this Website and/or any other websites which are linked to this Website.  Neither shall the above mentioned parties, in any circumstances, be held liable for (1) errors, mistakes, omissions, inaccuracies of content, interruptions, deletion of files, viruses, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access (2) personal injury or property damage that you or any person or entity associated with you may suffer, of any nature whatsoever, resulting from access to or use of our service and (3) any unauthorized access to or use of our secure servers and/or any and all personal information stored herein.  This liability disclaimer applies to the Website or anything arising out of use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In states that do not allow the above limitations of liability, liability shall be limited to the greatest extent permitted by law.

If you are dissatisfied with any portion of the Website, or with any of these Terms & Conditions of use, your sole and exclusive remedy is to discontinue using the Website.

PREFERENCE OF LAW AND DISPUTE RESOLUTION

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of  the United States/Tennessee, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Franklin, Tennessee (Williamson County). The application of the United Nations Convention of Contracts for the International Sale Goods is hereby expressly excluded.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Compliant Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by phone at (800) 952-5210 or (916) 445-1254.

CONTACT CUSTOMER SUPPORT DETAILS & INFORMATION

Your questions and concerns regarding our Terms & Conditions are welcomed.  You may contact us at the following:

Mindful Infusions of Tennessee, PLLC

509 New Highway 96 West, Suite 101

Franklin, TN 37064

Phone (615) 472-1017

Fax (615) 472-8631

info@mindfulinfusionstn.com

January 10, 2022

Copyright Mindful Infusions of Tennessee, PLLC