Terms of service.
These TERMS OF USE are between you (USER) and Anmy Vu DPM, also known as THE PODIATRY BOUTIQUE PLLC (“Site”). These Terms cover your use of this website, https://www.thepodiatryboutique.com/, and the services and information available on this website. You accept these Terms by accessing or using the Site and agree to be bound by these Terms and Privacy Policy. If you do not agree to abide by or be bound by these Terms, then do not access the Site.
1. Modification
Anmy Vu DPM, and THE PODIATRY BOUTIQUE PLLC reserve the right to change the website, Privacy Policy, and other content. For all users, these Terms are effective as of the date of published changes and supersede all previous versions of THE PODIATRY BOUTIQUE PLLC Terms. If any condition shall be deemed invalid, void, or unenforceable, then that condition shall be deemed severable and shall not affect the validity of the remaining conditions. Your continued use of the Site after such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you may not use or access the Site.
2. No Medical Advice
The content, including but not limited to text, graphics, images or other material contained in the Site is for educational/informational purposes only, and is not a substitute for diagnosis, treatment, or medical advice that would be provided by a qualified healthcare professional. Your reliance on any information or Content provided on the Site, whether or not it is provided by a healthcare professional, is solely at your own risk. You should always seek the advice of your physician or health care professional for any questions you may have about your own medical condition.
3. No Minors
You may not access the Site without a parent’s permission if you are under 18 years of age. To receive THE PODIATRY BOUTIQUE PLLC text messages, you must be a resident of the United States and 18 years of age or older. THE PODIATRY BOUTIQUE PLLC reserves the right to require you to prove that you are at least 18 years of age.
4. Your Service Account; Email Consent.
To use some of the features on the Site, you may be asked to register and provide information about yourself. By utilizing the Site, you consent to receive emails from Anmy Vu DPM, and THE PODIATRY BOUTIQUE PLLC, which may include commercial emails provided such emails are in accordance approved by Anmy Vu DPM, and THE PODIATRY BOUTIQUE PLLC.
5. Products and Service Endorsements.
Anmy Vu DPM, and THE PODIATRY BOUTIQUE PLLC do not endorse or recommend any specific content, procedures, products, opinions, or any other material or information available on the Site.
6. Nudity
There may be medical-related or health-related materials posted by Anmy Vu DPM and THE PODIATRY BOUTIQUE PLLC or other third parties that may contain nudity. If you find these materials to be offensive, then you may want to use the Site or Service in such a way as to limit your viewing of this material.
7. Photograph/Video Policy
Healthcare professionals must have consent from individuals and follow all HIPAA requirements before uploading, submitting or posting any patient photographs or videos.
8. Performance and Usage Information.
We may automatically upload performance and usage data for evaluating the Site and the software associated with the Site. This data will not personally identify you.
9. Links to Other Websites.
The Service may contain links to other websites maintained by third parties (“Third Party Website”) or you may be able to log into the Service through a Third Party Website. Third-Party Websites are not under the control of Anmy Vu DPM, and THE PODIATRY BOUTIQUE PLLC does not endorse or assume any responsibility for the content, information or functionality of any Third Party Website. As a result, your access or use of any Third Party Website is at your own risk. Anmy Vu DPM and THE PODIATRY BOUTIQUE PLLC Terms of Use and Privacy Policy and any other policies do not apply or govern any Third Party Website. You expressly relieve Anmy Vu DPM and VTHE PODIATRY BOUTIQUE PLLC of any and all liability related to the functionality, content, or information contained on any Third Party Website. In addition, your dealings with or participation in promotions of third parties found on a Third Party Website, including payment and delivery of goods or services, any other terms (such as warranties) are solely between you and the third parties. You agree that Anmy Vu DPM and THE PODIATRY BOUTIQUE PLLC shall not be responsible for any loss or damage of any kind relating to your dealings with such third parties.
10. Anmy vu dpm, and THE PODIATRY BOUTIQUE PLLC
DISCLAIMS ALL WARRANTIES. We provide the Service “as-is,” “with all faults,” and “as available.” Anmy Vu DPM and THE PODIATRY BOUTIQUE PLLC and its affiliates disclaim all warranties, guarantees, or conditions. Without limiting the foregoing, to the extent permitted by law, we exclude and disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement. IN ADDITION, IN NO EVENT, SHALL Anmy Vu DPM BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY (INCLUDING, WITHOUT LIMITATION, BY ANY USER) IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION ABOUT PROFESSIONALS OR PROCEDURES POSTED ON THE SITE.
11. Jurisdiction.
Anmy Vu DPM, and THE PODIATRY BOUTIQUE PLLC control and operates the Site from the United States of America in Las Vegas, NV in Clark County, NV. These Terms and the Service are governed by the United States federal law and the laws of the State of Nevada, excluding any conflicts of law provisions. Accessing, browsing or otherwise using the Site means you now consent to the exclusive jurisdiction of the state and federal courts in Clark County, Nevada and you waive all defenses of lack of personal jurisdiction and forum non-conveniences with respect to venue and jurisdiction in the state and federal courts of Clark County, NV.
12. Indemnification.
You agree to indemnify and hold harmless Anmy Vu DPM, and THE PODIATRY BOUTIQUE PLLC from and against any loss, liability, claim demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with any content you post or submit to or through the Service, your use of the Service, your conduct in connection with the Service or with other users of the Site, and any violation of this contract or of any law or the rights of any third party.
13. Claim Must Be Filed Within One Year; Arbitration.
Any dispute, claim or controversy arising out of or relating to these Terms, Anmy Vu DPM, and THE PODIATRY BOUTIQUE PLLC Or the Site or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate shall be determined by final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the event first giving rise to the claim. The arbitration shall be held in Las Vegas, NV, before one arbitrator. The arbitration shall be governed by the Federal Arbitration Act and the arbitration shall take place according to the rules of the American Arbitration Association. Judgment on the Award may be entered in any court having jurisdiction. Each of the parties shall bear all of its own costs of arbitration, except the fee for the arbitrator shall be equally split between the parties. The arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages to either party. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of either party’s right to compel arbitration.
14. Miscellaneous.
These Terms constitute the entire agreement between you and Anmy Vu DPM, and THE PODIATRY BOUTIQUE PLLC Regarding the use of the Site, and supersedes any prior agreements between you and Anmy Vu DPM and THE PODIATRY BOUTIQUE PLLC relating to your use of the Site. The failure of Anmy Vu DPM and THE PODIATRY BOUTIQUE PLLC to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
14. THE PODIATRY BOUTIQUE PLLC SMS TERMS AND CONDITIONS (US-BASED TEXT MESSAGING PROGRAMS)
IMPORTANT! PLEASE READ THESE THE PODIATRY BOUTIQUE PLLC SMS TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY THE PODIATRY BOUTIQUE PLLC (“THE PODIATRY BOUTIQUE PLLC” OR “WE” OR “US”) TEXT MESSAGING PROGRAM. BY SIGNING UP FOR ONE OR MORE OF THE PODIATRY BOUTIQUE PLLC’s TEXT MESSAGING PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE THE PODIATRY BOUTIQUE PLLC SMS TERMS AND CONDITIONS. FURTHERMORE, THESE THE PODIATRY BOUTIQUE PLLC SMS TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE, WHICH AFFECTS HOW DISPUTES WITH THE PODIATRY BOUTIQUE PLLC ARE RESOLVED.
By signing up for one or more text messaging programs, you expressly consent to receive marketing or non-marketing text messages, as applicable, from THE PODIATRY BOUTIQUE PLLC and others texting on its behalf, at the telephone number(s) that you provide. You may opt-out of these communications at any time. Consent to receive text messages is not a condition of any purchase.
Program Description
THE PODIATRY BOUTIQUE PLLC text messages are intended to provide you with marketing and promotional information regarding THE PODIATRY BOUTIQUE PLLC products and services (e.g., services and promotions offered by THE PODIATRY BOUTIQUE PLLC or any of its authorized dealers). We may also provide you with transaction-related information.
Message Frequency
The number of THE PODIATRY BOUTIQUE PLLC text messages that you receive will vary depending on which THE PODIATRY BOUTIQUE PLLC text messaging programs for which you sign up to receive messages and the frequency of the messages sent by those programs, on average 2-3 messages monthly.
Cost
Message and data rates may apply to each text message sent or received in connection with THE PODIATRY BOUTIQUE PLLC text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. THE PODIATRY BOUTIQUE PLLC does not impose a separate fee for sending THE PODIATRY BOUTIQUE PLLC text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.
How to Opt-In
To opt-in to receive text messages from a THE PODIATRY BOUTIQUE PLLC text messaging program(s), please follow the instructions provided by the specific program from which you wish to receive messages. For example, you may be asked to reply in the affirmative in the manner indicated in an initial text message (e.g., Y or Yes).
How to Opt-Out
To stop receiving text messages from THE PODIATRY BOUTIQUE PLLC text messaging program, text STOP or UNSUBSCRIBE to THE PODIATRY BOUTIQUE PLLC at 702-530-2283 for the text messaging program from which you no longer wish to receive messages. You acknowledge that you may then receive one (1) final message from THE PODIATRY BOUTIQUE PLLC confirming your opt-out of that text messaging program. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying THE PODIATRY BOUTIQUE PLLC immediately if you change your mobile telephone number. You may notify THE PODIATRY BOUTIQUE PLLC of a number change by contacting THE PODIATRY BOUTIQUE PLLC at 702-530-2283.
You agree to indemnify THE PODIATRY BOUTIQUE PLLC in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify THE PODIATRY BOUTIQUE PLLC if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Access or Delivery to Mobile Network is Not Guaranteed
It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier.
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of THE PODIATRY BOUTIQUE PLLC’s control, and THE PODIATRY BOUTIQUE PLLC is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).
Supported Carriers
Supported carriers may change from time to time, but currently include AT&T, Sprint/Boost,/Virgin, T-Mobile/MetroPCS, Verizon Wireless, CellCom USA, C Spire Wireless, U.S. Cellular, Carolina West Wireless (CWW), and Google Voice, among others.
Carriers are not liable for delayed or undelivered messages.
T-Mobile® is not liable for delayed or undelivered messages.
Support/Help
To request more information or assistance, text or call THE PODIATRY BOUTIQUE PLLC at 702-530-2283 for support and help.
Changes to Terms and Conditions
THE PODIATRY BOUTIQUE PLLC may revise, modify, or amend these THE PODIATRY BOUTIQUE PLLC SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to THE PODIATRY BOUTIQUE PLLC’s website. You agree to review these THE PODIATRY BOUTIQUE PLLC SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive THE PODIATRY BOUTIQUE PLLC text messages will indicate your acceptance of those changes.
Termination of Text Messaging
We may suspend or terminate your receipt of THE PODIATRY BOUTIQUE PLLC text messages if we believe you are in breach of these THE PODIATRY BOUTIQUE PLLC SMS Terms and Conditions. Your receipt of THE PODIATRY BOUTIQUE PLLC text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. THE PODIATRY BOUTIQUE PLLC reserves the right to modify or discontinue, temporarily or permanently, all or any part of THE PODIATRY BOUTIQUE PLLC text messages, with or without notice. To opt out of text messages, reply STOP or UNSUBSCRIBE.
Privacy
Your privacy is important to us. Please see https://www.thepodiatryboutique.com/privacy-policy to review our privacy statement.