Viona Medical Spa Terms and Conditions
Acceptance of the Terms of Use
These terms of use (“Terms of Use”) are between you (the “User”) and Viona Medical Spa (the “Company, Our, Us, We”), a California medical spa operating under the supervision of licensed medical professionals in accordance with California Business and Professions Code Section 2023.5 and related regulations, and govern your access to and use of our website at www.vionamedicalspa.com (the "Website”), including any content, functionality, and services offered, whether as a guest or a registered user of the Website. Nothing in these Terms of Use constitutes medical advice or creates a physician-patient relationship. All medical procedures and treatments advertised on this Website are performed under the supervision of TANIA NELSON-CHRYSTAL, MD, California Medical License #A132750, in compliance with California law. All prices for medical treatments are transparently disclosed, and actual treatment costs may vary based on individual patient needs and medical assessment. Any before/after photos or testimonials displayed on this Website comply with California Business and Professions Code Section 651 and include appropriate disclaimers.
Please ensure you understand the Terms of Use before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. For any medical spa services, procedures, or treatments, users must be of legal age to consent to medical treatment under California law. For certain procedures, parental consent may be required for individuals under 18 years of age. This Application is available to residents of the United States, including its territories or possessions, and specifically residents of California. If you are a resident of California, you have specific rights regarding your personal information under the California Consumer Privacy Act (CCPA). Please refer to our Privacy Policy for more details. By using this Website, you affirm that you are of an appropriate age to form a binding contract with the Company and that you fulfill all of the above-mentioned eligibility requirements. In the event that you do not meet all of these requirements, you are prohibited from accessing or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. All matters relating to the Website and these Terms of Use shall be interpreted and governed by the laws of the State of California. Any dispute or claim arising from or related to these Terms of Use or the Website shall be subject to the exclusive jurisdiction of the state and federal courts located within the State of California.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We may, without notice, withdraw or amend the Website and any service or material we provide on it. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.
You are responsible for both:
· Making all arrangements necessary for you to have access to the Website.
· Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. For medical spa services, you may be required to provide accurate medical history and other health-related information as required by California law and medical standards. All medical information collected will be protected in accordance with HIPAA, the California Confidentiality of Medical Information Act (CMIA), and the California Consumer Privacy Act (CCPA). Any medical information collected through this Website will be subject to our Notice of Privacy Practices as required by California law. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. To the maximum extent permitted by applicable law, the Company will not be liable for any loss or damage arising from your failure to comply with this confidentiality obligation.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time for any legitimate business reason, including but not limited to if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
· If we provide downloadable content or resources,If we provide , you may download a single copy to your device solely for your own personal, non-commercial use, provided you agree to be bound by these Terms of Use.
· If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
· Modify copies of any materials from this site.
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any purposes that involve the sale, rental, lease, loan, distribution, or other commercial exploitation of any part of the Website or any services or materials available through the Website unless you have obtained a commercial license from us. For more information on commercial licensing, please contact our team at info@vionamedicalspa.com. For the purposes of these Terms of Use, "use for any commercial purposes" shall mean use of the Website or any part thereof in any manner designed for generating revenue or profit. This includes, without limitation, re-selling the Website's services, use of the Website or its services to generate advertising or subscription revenues, use of the Website to promote other services or businesses, or any other use of the Website that is intended to, or results in, financial gain. Any commercial use of the Website or its content is prohibited unless expressly authorized by us in writing or under a commercial license granted by us.
The Website and its contents, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are the exclusive property of the Company, its licensors, or other providers of such material. These elements are protected under United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Use of the Website for any commercial purposes, including but not limited to reproduction, distribution, modification, public display, or performance, without obtaining a prior commercial license from the Company, is strictly prohibited.
To obtain a commercial license for the Website, contact the Company directly at info@vionamedicalspa.com to negotiate the terms and conditions. The granting of a commercial license may involve fees, royalties, and/or other considerations as deemed appropriate by the Company, and will be formalized in a written agreement specifying the scope of use allowed, duration of the license, and any other relevant terms.
Failure to obtain such a commercial license or to adhere to its terms constitutes a breach of these Terms of Use and may result in immediate termination of the unauthorized use, legal action for infringement of intellectual property rights, and the imposition of damages.
The Company reserves the right, in its sole discretion, to grant or refuse any request for a commercial license, based on its assessment of each request's compatibility with its business interests, the impact on its intellectual property rights, and any other factors it considers relevant.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to info@vionamedicalspa.com. Any significant breach of the Terms of Use as defined in Intellectual Property Rights through printing, copying, modifying, downloading, or providing unauthorized access to the Website will result in immediate termination of your usage rights. You must then, at our discretion, return or destroy all copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.
As a user, you acknowledge and agree that the Website and all its content, including, but not limited to, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, the "Content"), including but not limited to the design, structure, selection, coordination, expression, look and feel, and arrangement of such Content, is owned by the Company. You have no rights or licenses in or to the Website and materials therein, other than the limited right to use the Website in accordance with these Terms of Use. Under no circumstances will you claim any ownership rights to the Website or its Content. Any unauthorized use of the Website or its Content may violate copyright, trademark, and other laws.
Use of the Website in any way not expressly permitted by these Terms of Use constitutes a breach and may infringe copyright, trademark, and other laws, triggering legal action from the Company, if deemed appropriate and necessary, toward the user.
Trademarks
The Viona Medical Spa logo, name, tagline, trademarks, and all related names, logos, product and service names, designs, and slogans are trademarks of Viona Medical Spa or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
For these Terms of Use, "use" encompasses any access, interaction, download, installation, or utilization of the Website, its services, or content, including but not limited to account creation, content submission, purchases, or other benefits derived from the Website.
Any use of the Website not expressly permitted by these Terms of Use constitutes unauthorized use. Examples of unauthorized use include, but are not limited to, the following:
· Circumventing or attempting to circumvent any security or access controls or measures of the Website
· Using the Website for any illegal activities or purposes
· Using the Website to harass, abuse, stalk, or harm another individual—decompiling, reverse engineering, disassembling, or otherwise attempting to derive the source code for the Website
· Using the Website for commercial use unless expressly authorized by us in writing
· Using any automated system, including without limitation "robots," "spiders," or "offline readers," to access the Website
· Infringing upon the rights of others, including copyright, trademark, privacy, or other proprietary rights
· Modifying, distributing, or creating derivative works based on the Website or its Content without explicit written permission from the Company.
Violation of these terms may result in immediate termination of your access to and use of the Website and may also expose you to legal liability.
Prohibited Uses
You are permitted to use the Website solely for lawful purposes and in compliance with these Terms of Use. You agree to refrain from:
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. If the user is under 18, we will obtain verifiable parental consent before collecting any personal information or providing any medical spa services. Please note, this Website and our services are primarily intended for those ages 18 and
above. We require parental consent for any minors seeking to schedule appointments or access certain features of our Website. We DO NOT condone this type of use for minors.
· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Website. Attempt to reverse engineer, decompile, or disassemble any part of the Website.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain contact forms, appointment scheduling, service information, wellness content, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "Post") content or materials (collectively, "User Contributions") on or through the Website. Any medical spa services advertised or scheduled through this Website are provided under the supervision of licensed medical professionals in accordance with California Business and
Professions Code Section 2023.5 and related regulations. All testimonials and reviews regarding medical procedures must comply with California Business and Professions Code Section 651 and include appropriate disclaimers. Any before/after photos or patient testimonials must have documented patient consent and include mandatory disclaimers that results may vary.
All User Contributions must adhere to the Content Standards outlined in these Terms of Use.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary, except for any protected health information which will be handled in accordance with HIPAA, CMIA, and CCPA requirements. Users must not post any protected health information about themselves or others in public areas of the Website. Any medical information collected through appointment forms or medical history questionnaires will be protected under our Notice of Privacy Practices and applicable privacy laws. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings and applicable privacy laws. Any testimonials or reviews about medical procedures must comply with California Business and Professions Code Section 651 regarding medical advertising.
You represent and warrant that:
· You represent and warrant that you hold all necessary rights, including but not limited to copyrights and rights of publicity, in and to your User Contributions, and agree to indemnify the Company for any claims arising out of your User Contributions. You also affirm that you have procured the necessary consents and permissions for the use of any individual’s name, voice, signature, photograph, or likeness included within your User Contributions in accordance with California Civil Code §3344. By submitting User Contributions, you grant us and our affiliates, service providers, licensees, successors, and assigns a non-exclusive license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.
· All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
The Company retains the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual
property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
· We reserve the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. However, such disclosure will only be made to the extent required by law or by a court order, to minimize unnecessary disclosure of your personal information.
· Suspend or terminate your access to the Website at any time, without notice, in its sole discretion, should we determine or suspect any unlawful or unauthorized use of the Website. This includes, but is not limited to, any violation of these Terms of Use, actions that infringe upon the rights of others, or conduct that may expose the Company to legal risk or harm to its reputation.
· Terminate or suspend your access to all or part of the Website for any legitimate business reason, including but not limited to any violation of these Terms of Use.
We reserve the right to fully cooperate with law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting materials on or through the Website. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, EXCEPT FOR CLAIMS ARISING FROM THE COMPANY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR VIOLATION OF APPLICABLE LAW, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO, YOUR USER CONTRIBUTIONS, AND ANY USE OF THE WEBSITE’S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE, OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS FOR DAMAGES, LOSSES, LIABILITIES, COSTS, EXPENSES, AND ATTORNEY’S FEES.
USER GENERATED CONTENT DISCLAIMER, MEDICAL INFORMATION NOTICE, AND MEDICAL BOARD OF CALIFORNIA NOTICE
NOTICE: The Medical Board of California licenses and regulates medical professionals providing services at this medical spa. To check up on a license or file a complaint go to www.mbc.ca.gov or call (800) 633-2322.
Any medical advice, diagnosis, or treatment recommendations provided through this Website are for informational purposes only and do not create a physician-patient relationship. All medical services advertised require an in-person consultation and medical
evaluation before treatment can begin. Results of treatments may vary and no specific results are guaranteed. For medical emergencies, please call 911 or visit your nearest emergency room.
This Website complies with California Business and Professions Code Section 2023.5 regarding medical spa operations and Section 651 regarding medical advertising. All prices for medical treatments are provided during consultation and may vary based on individual patient needs and medical assessment.
The content and information provided on this Website, including User Generated Content, is for general informational purposes only and does not constitute medical advice. No physician-patient relationship is created through the use of this Website or by viewing User Generated Content. All medical decisions should be made in consultation with a qualified healthcare provider. User Generated Content regarding medical treatments or procedures must comply with California Business and Professions Code Section 651 and include appropriate disclaimers. The Company reserves the right to remove any User Generated Content that makes unsubstantiated medical claims or violates medical advertising laws. For medical emergencies, please call 911 or visit the nearest emergency room. Our medical spa complies with all applicable California laws regarding medical facilities, including proper licensing, medical supervision, and safety protocols. To verify our medical director's license or file a complaint, you may contact the Medical Board of California at www.mbc.ca.gov.
THE WEBSITE MAY CONTAIN USER OR THIRD-PARTY CONTENT, WHICH IS NOT APPROVED, ENDORSED, OR CERTIFIED BY THE COMPANY. ANY MEDICAL INFORMATION PROVIDED ON THIS WEBSITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. NO INFORMATION ON THIS WEBSITE, INCLUDING BEFORE AND AFTER PHOTOS OR PATIENT TESTIMONIALS, CONSTITUTES A GUARANTEE, WARRANTY, OR PREDICTION REGARDING THE OUTCOME OF ANY MEDICAL PROCEDURE. ALL MEDICAL SPA SERVICES ADVERTISED ON THIS WEBSITE ARE PROVIDED BY LICENSED PROFESSIONALS IN COMPLIANCE WITH CALIFORNIA LAW AND ARE PERFORMED UNDER THE DIRECT SUPERVISION OF A LICENSED PHYSICIAN AS REQUIRED BY CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 2023.5. THE MEDICAL DIRECTOR RESPONSIBLE FOR OVERSEEING ALL MEDICAL TREATMENTS IS TANIA NELSON-CHRYSTAL, MD, LICENSE NUMBER A132750. ANY TESTIMONIALS OR REVIEWS RELATED TO MEDICAL PROCEDURES COMPLY WITH CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 651 REGARDING MEDICAL ADVERTISING. THE COMPANY DOES NOT GUARANTEE THE ACCURACY, QUALITY, OR RELIABILITY OF USER-GENERATED CONTENT. THE VIEWS OR OPINIONS EXPRESSED BY USERS DO NOT NECESSARILY REPRESENT THOSE OF THE COMPANY. THE COMPANY DISCLAIMS ALL LIABILITY RESULTING FROM USER-GENERATED CONTENT, AND YOUR USE OF OR RELIANCE ON SUCH CONTENT IS AT YOUR OWN RISK. FOR DETAILED INFORMATION ABOUT SPECIFIC
TREATMENTS, RISKS, AND EXPECTED OUTCOMES, PLEASE SCHEDULE A CONSULTATION WITH OUR MEDICAL PROFESSIONALS.
Content Standards and Medical Information Guidelines
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations, including but not limited to California Business and Professions Code Section 651 regarding medical advertising, Section 17500 regarding false or misleading statements, and Section 2023.6 regarding medical spa advertising requirements. All testimonials must include clear disclaimers that results may vary and represent typical results in accordance with California Medical Board guidelines. User reviews and testimonials must comply with California and federal truth-in-advertising laws, and any claims about medical treatments must be supported by substantial medical or scientific evidence. Without limiting the foregoing, User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, including but not limited to HIPAA, the California Confidentiality of Medical Information Act (CMIA), and other applicable medical privacy laws, or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, including but not limited to contests, sweepstakes, sales promotions, barter, or advertising, without the Company's prior wr
Respect for Trademarks:
You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, or circulate any trademarks, logos, or other proprietary information owned by the Company, including photos, e-mail addresses, software, text, artwork, graphics, images, photographs, videos, audio content, logos, icons, software, and other material (collectively, the "Content") without the express prior written consent of the Company. Please note that the Company reserves the right to revoke its consent to use its marks or proprietary information at any time, for any reason, and in its sole discretion. Misuse of any trademarks, or any other Content, owned by the Company and displayed on the Website is prohibited, and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes."
Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers
Copyright Infringement Claims
The Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond promptly to notices of alleged infringement that are reported to the Company's Designated Copyright Agent, identified below. If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent.
Upon receipt of a proper DMCA Notice of Alleged Infringement, the Company will promptly remove or disable access to the allegedly infringing material and take reasonable steps to notify the user responsible for posting such material. The user may submit a counter-notification in accordance with Section 512(g) of the DMCA if they believe the material was removed due to mistake or misidentification. Notice of Alleged Infringement ("Notice"): Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed. Consequences for Infringement:
Any user found to have infringed upon the copyrights of others may be subject to a warning, temporary access restrictions to the Website, permanent banning from the Website, legal action, and/or any other measures deemed appropriate by the Company at its sole discretion.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes and does not constitute medical advice, diagnosis, or treatment recommendations. All medical procedures, treatments, and services referenced on this Website are provided by licensed medical professionals under the supervision of a licensed physician in compliance with California Business and Professions Code Section 2023.5. All cosmetic treatments are performed in a licensed medical facility in accordance with California Medical Board requirements. Our facility maintains all required licenses and permits as mandated by California Health and Safety Code Section 1204(b)(1). Before pursuing any medical treatment,
you must consult with a qualified healthcare provider for a formal medical evaluation and informed consent. Emergency medical services are not provided at this facility - for medical emergencies, please call 911 or visit the nearest emergency room. No physician-patient relationship is created by use of this Website. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, licensed medical practitioners, and third-party licensors, syndicators, aggregators, and/or reporting services. Any medical information provided is for general informational purposes only and should not be considered medical advice or establish a physician-patient relationship. The Company is not a publisher of such content and is not responsible for such content under Section 230 of the Communications Decency Act. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
The Company may modify or discontinue, temporarily or permanently, the Website or any connected service, with or without notice, without liability to you. We may also make improvements or changes in the products, services, or programs described in the Website at any time without notice. It is your responsibility to check the Website periodically for changes. Your continued use of the Website following the posting of any changes constitutes acceptance of those changes.
Information About You and Your Visits to the Website
All data we collect through this Website, including any protected health information (PHI), is governed by our Privacy Policy and handled in accordance with HIPAA regulations, the California Confidentiality of Medical Information Act (CMIA), and the Confidentiality of Medical Information Act (California Civil Code Section 56 et seq.). Our Notice of Privacy Practices, as required by California Health and Safety Code Section 123110, is available upon request. Medical records and health information are maintained with strict confidentiality as required by state and federal law. By using the Website, you agree to all actions we take with your information in adherence with our Privacy Policy. For California residents, your personal information is handled in accordance with the California Consumer Privacy Act (CCPA). Please refer to our Privacy Policy for more details on how we collect, use, and share your personal information, and the rights you may have in relation to your personal information.
California Consumer Privacy Act (CCPA)
If you are a resident of California, you have specific rights regarding your personal information under the California Consumer Privacy Act (CCPA). These rights include the right to know about the personal information we collect about you, the right to delete your personal
information, the right to opt-out of the sale of your personal information, and the right not to be discriminated against for exercising your CCPA rights. For more details about your CCPA rights and how to exercise them, please refer to our Privacy Policy.
Online Purchases and Other Terms and Conditions
All purchases or transactions for the sale of goods, services, or information through the Website, or resulting from your visits, are governed by our Terms of Sale, incorporated into these Terms of Use. All medical treatment pricing will be provided in clear, written form during consultation as required by California law, and no medical procedures will be performed without proper informed consent documentation.
Additional terms and conditions may also apply to specific portions, services, or features of the Website, including but not limited to appointment bookings, online consultations, and product purchases. All medical consultations and treatments require proper informed consent documentation as mandated by California Business and Professions Code Section 2259.5, and detailed written information about risks, benefits, and alternatives will be provided prior to any procedure. All medical treatments and procedures advertised on this Website are performed under the supervision of licensed medical professionals in compliance with California Medical Board regulations. As required by California Business and Professions Code Section 2023.6, we maintain standardized procedures and protocols for all treatments offered. Pricing for medical procedures will be provided in writing during consultation and may vary based on individual patient needs and circumstances. We comply with California Civil Code Section 1799.1(f) regarding fee disclosures and transparency in medical service pricing. A good faith estimate of fees will be provided prior to any procedure in accordance with the No Surprises Act and California Health & Safety Code Section 1339.585, including detailed information about potential out-of-pocket costs and any facility fees that may apply. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Linking to the Website and Social Media Features
You may link to our homepage, provided it's done fairly and legally, without damaging our reputation or taking advantage, and without suggesting any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
· Link from your own or certain third-party Websites to certain content on this Website.
· Send emails or other communications with certain content, or links to certain content, on this Website.
· Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party Websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any Website that is not owned by you.
· Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
· Link to any part of the Website other than the homepage.
· Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The Website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Third Party Links from the Website
Our Website may contain third-party links, including advertisements. These are provided for your convenience. Please note, we have no control over and accept no responsibility for these third-party sites or any loss or damage from your use of them. We do not endorse any linked third-party sites or services. Access to these sites is at your own risk and subject to their terms of use.
Geographic Restrictions
The Company, which operates this Website, is headquartered in the State of California, United States, and operates under all applicable California medical spa regulations and licensing requirements. All medical procedures advertised on this website are performed by licensed medical professionals in accordance with California Business and Professions Code Section 2023.5 and related regulations. While we aim to make this Website accessible to users worldwide, certain features may not be available in all regions. We do not guarantee that the Website or its content is appropriate or available for use outside the United States. If you access the Website from a location outside the United States, you do so at your own risk and are responsible for compliance with all applicable local laws. Please note, the legality of accessing the Website may vary in certain countries or for certain individuals, and you are solely responsible for such access.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for viewing or downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
EXCEPT AS PROHIBITED BY APPLICABLE LAW, INCLUDING CALIFORNIA CIVIL CODE SECTION 1668 REGARDING EXEMPTION FROM RESPONSIBILITY FOR FRAUD OR WILLFUL INJURY, THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS WILL NOT BE LIABLE FOR ANY FORM OF DAMAGES OR LOSSES, IRRESPECTIVE OF THE LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED, THAT ARISE FROM OR ARE CONNECTED WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER
APPLICATIONS. THIS INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
OR
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST SIX (6) MONTHS FOR THE APPLICABLE CONTENT, PRODUCT, or service OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct, in relation to the WEBSITE, or death or bodily injury caused by products or services you receive from the Company or book through the Website.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold the Company and its affiliates, licensors, and service providers harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your violation of these Terms of Use or use of the Website, including your User Contributions and any use of the Website's content, services, and products beyond express authorization.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use shall be interpreted and governed by the laws of the State of California, without regard to its conflict of laws principles. Any dispute or claim arising from or related to these Terms of Use or the Website (including non-contractual disputes or claims), shall be subject to the exclusive jurisdiction of the federal courts of the United States or the state courts located within the State of California. You waive any and all objections to the exercise of jurisdiction over you by these courts to venue in such courts. However, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.
Arbitration
The Company, at its sole discretion, may require that any disputes arising from these Terms of Use or the Website, including but not limited to disputes concerning their interpretation, violation, invalidity, non-performance, or termination, or any disputes regarding medical spa services booked through the Website, be conclusively settled by binding arbitration. The arbitration will be administered by the American Arbitration Association in accordance with its
Commercial Arbitration Rules and Mediation Procedures. The arbitration shall take place in Placer County, California, unless otherwise agreed by the parties. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Website.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within the applicable statute of limitations period under California law; provided, however, that nothing in these Terms shall limit or modify any statutory period specifically provided by law for bringing claims related to medical services, medical malpractice, or healthcare.
Waiver and Severability
The Company's failure to enforce any term or condition in these Terms of Use does not constitute a continuing waiver of such term or condition or any other term or condition. Any non-enforcement of a right or provision under these Terms of Use does not imply waiver of that right or provision.
If any provision of these Terms of Use is deemed by a court or other competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified or replaced with a valid and enforceable provision that most closely matches the intent and economic impact of the original provision. If such modification or replacement is not possible, the provision shall be eliminated to the minimum extent necessary. The remaining provisions of the Terms of Use will continue in full force and effect. Nothing in these Terms shall be construed to limit or waive any rights or protections provided under HIPAA, CMIA, or other applicable medical privacy laws, which shall remain in full force and effect regardless of any provision herein.
Entire Agreement
The Website Terms of Use, Privacy Policy, Notice of Privacy Practices, and Medical Treatment Consent Forms constitute the sole and entire agreement between you and the Company regarding the Website and medical services. These documents supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and our services. Nothing in these terms modifies or affects your rights under HIPAA, CMIA, or other applicable medical privacy laws.
Your Comments and Concerns
This Website is operated by Viona Medical Spa located at 8775 Sierra College Blvd. Suite 350, Roseville, CA 95661, under the medical supervision of TANIA NELSON-CHRYSTAL, M.D. (California Medical License #A132750). Our facility operates in compliance with California Business and Professions Code Section 2023.5.
All notices of copyright infringement claims should be sent to the copyright agent designated in below in the manner and by the means set out therein.
All general website feedback, comments, and requests for technical support should be directed to info@vionamedicalspa.com. For any medical questions, appointment scheduling, or communications containing protected health information, please use the information below.
Notice, Communications, and Medical Information Policy
All general communications under these Terms of Use must be in writing and will be considered duly given on the date of personal service, or three days after mailing if sent by first-class mail, registered or certified, postage prepaid, and properly addressed as follows. For any medical-related communications, protected health information, or communications about medical treatments, all correspondence must comply with HIPAA and CMIA requirements and be sent through secure channels as specified in our Notice of Privacy Practices. We maintain all medical records in accordance with California Business and Professions Code Section 2023.5 and provide access to medical records as required by law. Our Notice of Privacy Practices is available upon request:
Mailing Address:
Viona Medical Spa
8775 Sierra College Blvd, Suite 350
Roseville, CA 95661
For non-medical electronic notices, the date of transmission shall be deemed the date of service, provided such notice is transmitted to the designated email address as follows. Any communications containing protected health information or medical information must be sent through our secure HIPAA-compliant patient portal. Regular email is not secure and should never be used to transmit medical information, protected health information, or sensitive personal information. Our secure patient portal complies with HIPAA, CMIA, and California state medical privacy requirements. For urgent medical matters, please call our office directly at 916.909.9496:
Email Address (for non-medical communications only): info@vionamedicalspa.com
Medical Director: TANIA NELSON-CHRYSTAL, M.D.
California Medical License #A132750
Direct Medical Questions: 916.909.9496
Privacy Officer: Daniel Chrystal
HIPAA/CMIA Requests: TheSophosGroup@gmail.com
Designated Copyright Agent: Daniel Chrystal
Emergency Contact (24/7): 916.909.9496
Medical Board of California:
For license verification or complaints: www.mbc.ca.gov
Phone: (800) 633-2322