TERMS AND CONDITIONS

Last updated May 29, 2024



AGREEMENT TO OUR LEGAL TERMS

We are Bonafide Acupuncture ( " Company ," " we ," " us ," " our " ) , a company registered in New York , United States at 9508 Avenue L , brooklyn , NY 11236 .

We operate the website http://www.bonafideacupuncture.com (the " Site " ) , as well as any other related products and services that refer or link to these legal terms (the " Legal Terms " ) (collectively, the " Services " ).

You can contact us by phone at 7029077171 , email at bonafideacupunc@gmail.com , or by mail to 9508 Avenue L , brooklyn , NY 11236 , United States .

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ( " you " ), and Bonafide Acupuncture , concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason . We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.


TABLE OF CONTENTS

1. PRIVACY POLICY
2. RETURN POLICY


1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

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2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content" ), as well as the trademarks, service marks, and logos contained therein (the "Marks" ).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the " PROHIBITED ACTIVITIES " section below, we grant you a non-exclusive, non-transferable, revocable license to:
  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use .

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: bonafideacupunc@gmail.com . If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the " PROHIBITED ACTIVITIES " section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ( "Submissions" ), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
  • confirm that you have read and agree with our " PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission ;
  • warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions ; and
  • warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: ( 1 ) all registration information you submit will be true, accurate, current, and complete; ( 2 ) you will maintain the accuracy of such information and promptly update such registration information as necessary; ( 3 ) you have the legal capacity and you agree to comply with these Legal Terms; ( 4 ) you are not a minor in the jurisdiction in which you reside ; ( 5 ) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; ( 6 ) you will not use the Services for any illegal or unauthorized purpose; and ( 7 ) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

We make every effort to display as accurately as possible the colors , features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors , features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability , and we cannot guarantee that items will be in stock . We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

- Visa
- Mastercard
- American Express
- Discover
- PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars .

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment , appear to be placed by dealers, resellers, or distributors.

7. RETURN POLICY

Please review our Return Policy posted on the Services prior to making any purchases.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:
  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.

Herbal Medicine Consent Form

Medical Herbalists use safe, gentle, non-invasive therapies that encourage our inherent self-healing processes to restore health. Therapies used include botanical medicine, nutrition, and lifestyle counseling. Botanical medicine is a plant-based medicine that involves the use of herbal teas, tinctures, decoctions (strong teas), capsules, and other forms of herbal preparations to assist in maintaining and promoting healthy living. Medical Herbalists are professionally trained; knowledgeable in both the historical uses of plants and their modern pharmacological mechanisms.

In order to clarify Bonafide Acupuncture's position as a health care facility, and the mutual responsibility you have in your health care. Please sign this statement of acknowledgement:

  • That you understand that the methods utilized by Bonafide Acupuncture have a proven clinical foundation, yet may not be accepted practice by standardized orthodox medicine.
  • That you understand that the treatment and/or referral to other health practitioners is based upon assessment of your health revealed through personal history, physical examination, laboratory tests, and other appropriate methods of evaluation.
  • That you understand that Bonafide Acupuncture has the right to determine which cases fall outside of the scope of practice as a Medical Herbalist, in which event an appropriate referral will be recommended.
  • That you are not an agent of any private or government agency attempting to gather information without so stating your intentions.
  • That you are accepting or rejecting this care of your own free will.
  • That you understand that the ultimate responsibility for your health care is your own, and that Bonafide Acupuncture supports you in this. We reserve the right to discontinue services where it is apparent that your expectations and what he provides are not in agreement.
  • There are some slight health risks to treatment by Natural Medicine.These include but are not limited to: Aggravation of pre-existing symptoms, Allergic reactions to supplements or herbs
  • That you understand that your written permission is necessary to release your file to anyone else and that information is treated confidentially
  • I do not expect the acupuncturist to be able to anticipate and explain all risks and complications. I wish to rely on the acupuncturist to exercise judgment during the course of the procedure, which the acupuncturist feels at the time, based upon the facts then known, is in my best interests.

Third-Party Applications and Resources

Bonafide Acupuncture acts solely as a third-party supplier and provides links to third-party applications, websites, products, devices, items, services, and other materials (collectively, “resources”), including resources that are framed within our platform. These links are provided as a convenience to users. The third-party resources are not under our control, and you acknowledge and agree that we are not responsible for the availability of such resources. We do not endorse, sponsor, recommend, and are not responsible or liable for any third-party resources or other content, products, services, or materials on or available from such resources.

You further acknowledge and agree that Bonafide Acupuncture shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party resources. Your use of any third-party resources and any interactions with third parties, including payment and delivery of resources, and any other terms, conditions, warranties, or representations associated with such use or interaction, are solely between you and such third parties.

If you visit third-party resources, we encourage you to consult the privacy policy and the terms and conditions of each such resource that you visit. Your relationship with such third parties is independent and subject to those parties’ privacy policies and terms and conditions, and you access these resources at your own risk. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

We may offer you the ability to connect your account with third-party resources. You understand and acknowledge that by connecting your account, we and the third party may share information between your accounts. You are responsible for notifying us and your practitioner of any restrictions on data sharing and for instructing the third-party resources on any limitations on information provided to it by us. We accept no responsibility for information transmitted to the third-party resource and outside of our control.

Disclaimer of All Warranties

ALL PRODUCTS AND SERVICES PROVIDED BY BONAFIDE ACUPUNCTURE ARE ON AN "AS IS" BASIS, AND WE HEREBY DISCLAIM ANY EXPRESS OR IMPLIED REPRESENTATION, CONDITION, OR WARRANTY WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BONAFIDE ACUPUNCTURE MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, PLATFORM, CONTENT, AND SERVICES, INCLUDING THOSE SERVICES PROVIDED BY THE PAYMENT PROCESSOR. SPECIFICALLY, BONAFIDE ACUPUNCTURE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, VALIDITY, TIMELINESS, NON-INFRINGEMENT, RESULTS, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE OPERATION OF THE PLATFORM OR THE PROVISION OF THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED, OR THAT THE SITE OR SERVICES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING, HARMFUL, OR DESTRUCTIVE PROPERTIES.

BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity and Limitation of Liability

You hereby agree, individually and on behalf of any person for whom you are acting, to defend, indemnify, and hold Bonafide Acupuncture, along with its affiliates, subsidiaries, successors, partners, suppliers, licensors, and third-party providers, and the directors, officers, members, managers, agents, and employees of each of them (collectively, the “Protected Parties”), harmless for any and all damages, costs, claims, liabilities, losses, fees, and expenses incurred by Bonafide Acupuncture or a third party arising from or related to Bonafide Acupuncture’s provision of services to you or on your behalf (or anyone acting under your account or password), including but not limited to any breach of a representation or warranty of these Terms or use of our platform or services. You agree that this duty to defend extends to requiring you to pay for our reasonable attorneys’ fees, court costs, expert witness fees, and disbursements.

You agree that Bonafide Acupuncture is not responsible in any way for damages caused by third parties who may use our platform or services, or who provide products or services through the platform, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards you. Further, you agree that Bonafide Acupuncture is not responsible for any fraud, malpractice, negligence, or other torts by any third party. Bonafide Acupuncture’s responsibility for the sale of products by practitioners is limited to its shipping and handling services; practitioners are responsible to the patient accounts associated with their dispensaries.

THE TOTAL LIABILITY OF THE PROTECTED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE AGGREGATE AMOUNTS PAID BY THE USER FOR PRODUCTS PURCHASED FOR THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE TIME WHEN THE CLAIM AROSE. IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM ANY USE OF THE SERVICE OR THE PRODUCTS EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NONE OF THE PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE, OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF ALL YOUR ACCOUNT INFORMATION OR LOSS OF YOUR PRODUCT ORDER INFORMATION, AND/OR DAMAGES OR LOSSES YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE SERVICES OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE SERVICES AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SERVICES, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.

For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, then our liability is limited to the smallest extent possible by law. Specifically, we do not disclaim liability which is not lawful to exclude, either now or in the future.

The provisions of this section are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. AS PART OF THESE TERMS, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.