Terms of Service, Disclaimers
TERMS OF SERVICE
These terms and conditions (“TAC”) are an agreement between you and Emily Nichols LAc INC, a California limited liability company (“Aphrodite Fertility Acupuncture”). These are the rules you agree to follow when using Aphrodite Fertility Acupuncture’s website, https://www.aphroditeacupuncture.com and/or any interactive mobile application that Aphrodite Fertility Acupuncture may develop from time to time (collectively, the “Site”), when you visit the Site or purchase any products from the Site.
These TAC may change. Because your use of the Site means that you agree to these TAC, if we revise and update these TAC, your continued use of the Site will mean that you accept these changes. You agree whether or not to use the Site. If you do not agree to all of these TAC, do not use the Site.
Use of the Site is available only to individuals who are at least 18 years old or who have the consent of a parent or other guardian. Therefore, by using the Site, you represent and warrant that you are at least 18 years old or have had a parent or other legal guardian review and accept these TAC. These TAC are void wherever use of the Site is prohibited by law. These TAC apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Site. You also have a duty to provide truthful, accurate, and complete information in any forms or other communication you submit to or though the Site. Aphrodite Fertility Acupuncture reserves the right to change the access configuration, including any software, hardware, or other requirements of the Site at any time without prior notice.
The Site and the information and content available through the Site are protected by copyright laws throughout the world. Subject to these TAC, Aphrodite Fertility Acupuncture grants you a limited, non-transferrable, and revocable license to access and use the Site for your personal use. Unless otherwise specified by Aphrodite Fertility Acupuncture in a separate license, your right to use the Site is subject to these TAC and all rights are reserved by Aphrodite Fertility Acupuncture. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights incorporated in or accompanying this Site.
YOUR RELATIONSHIP WITH APHRODITE FERTILITY ACUPUNCTURE
Aphrodite Fertility Acupuncture makes available to individuals certain products through the Site. The information provided on the Site regarding these products is for purposes of improving your wellness only and is not intended to provide medical advice, diagnosis, or treatment. Any interaction between you and Aphrodite Fertility Acupuncture is not intended to create, nor does it create, any doctor-patient relationship. Use of the Site is for information services only. The Site is not intended to be a substitute for professional medical advice, diagnosis, treatment, or recommendation regarding medication. Aphrodite Fertility Acupuncture does not warrant the accuracy, completeness, or usefulness or any information you may obtain through the Site. Any reliance you place on such information is strictly at your own risk. Aphrodite Fertility Acupuncture disclaims all liability and responsibility arising from any reliance placed on such information by you or anyone who may otherwise receive such information. Furthermore, you should not interpret any information from the Site as recommending any specific treatment plan, product, or course of action. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
TERMS OF SALE
To the extent applicable, Aphrodite Fertility Acupuncture has a 30 day return policy for supplements and other products purchased through the Site. To be eligible for return, your item must be unused, in the same condition that you received it, and in its original packaging. Some products, such as Aphrodite Fertility Acupuncture’s tinctures and probiotics are non-returnable. To return a product you purchased through the Site, please contact firstname.lastname@example.org. You will be responsible for paying your own shipping costs for returning your item. Shipping costs are non-refundable.
All products offered for sale by Aphrodite Fertility Acupuncture are subject to availability and Aphrodite Fertility Acupuncture reserves the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, Aphrodite Fertility Acupuncture reserves the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products available through the Site are subject to change at any time. You are responsible for any applicable sales, use, duty, customs, or other governmental taxes, levies, or fees due with respect to your purchase of products through the Site. If any of the products in your order are unavailable, Aphrodite Fertility Acupuncture will only charge you for the products that are included in your shipment.
Only valid payment methods acceptable to us may be used to complete a purchase via the Site. You represent and warrant that you are authorized to use your designated payment method. You authorize Aphrodite Fertility Acupuncture to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If your designated payment method is declined, Aphrodite Fertility Acupuncture will attempt to process your order until the transaction is approved. Aphrodite Fertility Acupuncture and its third-party payment service providers may request, and may receive, updated payment card information from your payment card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to Aphrodite Fertility Acupuncture and its third-party payment service providers, you agree that Aphrodite Fertility Acupuncture may update your account information accordingly, and will use such updated information to process payments for your future purchases. Your payment card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated card information. If you wish to opt out of your payment card’s updating service, you should contact your card issuer. Aphrodite Fertility Acupuncture is not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or payment card issuer reverses a charge to your payment card, Aphrodite Fertility Acupuncture may bill your account directly and seek payment by another method including a mailed statement.
In connection with any purchase you make through the Site, you may be asked to supply certain information relevant to the transaction, including, without limitation, your payment card number and expiration date, your billing address, your shipping address, your phone number, and/or your email address. By submitting such information, you grant Aphrodite Fertility Acupuncture the irrevocable, unencumbered, and perpetual right to provide such information (and any updated information we receive) to third parties (e.g., payment processing companies) for purposes of facilitating your order.
Aphrodite Fertility Acupuncture reserves the right to remedy issues and concerns that arise regarding the sale of products through the Site on a case by case basis. Aphrodite Fertility Acupuncture further reserves the right, in its sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each customer.
USE OF SITE & ACCOUNT SECURITY
Certain parts of the Site are only available to individuals who set up an account on the Site. When you create an account, you may be asked to provide certain personal information. You agree that all such information provided to Aphrodite Fertility Acupuncture is governed by these TAC.
If you chose, or are provided with, a username, password, or any other piece of information as part of the Site’s security procedures, you must treat such information as confidential, and you must not disclose it to any other party or entity. You acknowledge that your account on the Site is personal to you and you agree not to provide any other person with access to the Services provided through the Site using your username, password, or other security information. You agree to notify Aphrodite Fertility Acupuncture immediately of any unauthorized access to or use of your username or password. Aphrodite Fertility Acupuncture has the right to disable any account at any time in its sole discretion, including if Aphrodite Fertility Acupuncture believes that you have violated these TAC.
Aphrodite Fertility Acupuncture may rely on the authority of anyone accessing your account or using your login credentials and in no event and under no circumstances shall Aphrodite Fertility Acupuncture be held labile to you for any liability or damages arising out of (a) any compromise of the confidentiality of your account or password or (b) any unauthorized access to your account or use of your password.
Aphrodite Fertility Acupuncture may store, transmit, receive, and/or access your data arising from your use of the Site.
Aphrodite Fertility Acupuncture may terminate your use of the Site at any time and for any reason without any notice. You agree that if your use of the Site is terminated pursuant to these TAC, you will not attempt to use the Site under any name, real or assumed. Except as otherwise provided, or as required by applicable law, Aphrodite Fertility Acupuncture has no obligation, whether before or after the termination of your use of the Site, to return or otherwise provide to you any information to use, or any other information that Aphrodite Fertility Acupuncture has that relates to you.
You shall not modify, publish, transmit, participate in the sale of, reproduce, create derivative works based on, or otherwise exploit any content produced on the Site without the express prior written permission of Aphrodite Fertility Acupuncture other than the limited reproduction of information on the site for your personal, non-commercial use. The modification or use of the Site’s content for any other purpose is a violation of Aphrodite Fertility Acupuncture’s copyright and other proprietary rights and may subject you to civil or criminal penalties. If you violate any of these TAC, your permission to access and use the Site’s content automatically terminates and you must destroy any copies you have made of the Site’s content. The Site is for personal use only and may not be used in connection with any commercial activities except those authorized by Aphrodite Fertility Acupuncture.
USER CONTENT & COMMUNICATIONS
You are responsible for all content that you post, upload, store, transmit, or otherwise provide through the Site (“User Content”). Aphrodite Fertility Acupuncture reserves the right to remove or edit your User Content or any other content that it believes to be offensive.
You automatically grant to Aphrodite Fertility Acupuncture a perpetual, worldwide, royalty-free, irrevocable, and non-exclusive right and license to use, reproduce, modify, display, adapt, and publish your User Content to enable Aphrodite Fertility Acupuncture to operate the Site.
You may use the Site only for lawful purposes and in accordance with these TAC. Additionally, you agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation;
- In any way that infringes or violates any intellectual property rights or any other rights of any other party;
- For the purposes of exploiting, harming, or attempting to harm minors in any manner;
- To transmit or procure the sending of any advertising or promotional material without Aphrodite Fertility Acupuncture’s prior written consent;
- To impersonate or attempt to impersonate Aphrodite Fertility Acupuncture, its employees, or any other person or entity;
- To engage in conduct that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, or that restricts or inhibits anyone’s use or enjoyment of the Site, or which may otherwise expose Aphrodite Fertility Acupuncture or any other individual to liability;
- In any manner that could disable, overburden, damage, or impair the Site or interfere with any individual’s use of the Site;
- In an attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or any computer, server, or database connected with the Site;
- To reverse-engineer or otherwise attempt to obtain the source code or underlying ideas or information related to the Site; or
- To otherwise attempt to interfere with the proper working of the Site.
INTELLECTUAL PROPERTY RIGHTS
Content displayed on the Site may be owned by Aphrodite Fertility Acupuncture or provided through arrangement with other parties, including other Users of the Site or third-party providers. Unauthorized use of content on the Site may violate copyright, trademark, or other intellectual property laws. You have no right in or to content on the Site and you may not use such content except as permitted under these TAC.
THIRD PARTY PRODUCTS & SERVICES
Aphrodite Fertility Acupuncture is not responsible for examining or evaluating any products, advice, or services offered by any third parties whose icons, products, advice, services, or links appears on or through the Site. This includes links contained in advertisements, including banner advertisements and sponsored links. Aphrodite Fertility Acupuncture has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of such websites or resources. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Aphrodite Fertility Acupuncture makes no representations, warranties, or conditions regarding the offerings of any third party. You accept that the purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from a third party is solely between you and the third party. You further accept that Aphrodite Fertility Acupuncture will not be a party to or be in any way responsible for monitoring any transaction between you and a third party.
- Aphrodite Fertility Acupuncture may collect information you provide when using the Site, including, but not limited to:
- Personal identifying information and contact information;
- Account registration information;
- Demographic and geolocation data;
- Computer, mobile device, and/or browser information (e.g., IP address, operating system, connection speed, browser type, cookies, and hardware and software attributes);
- Usage activity concerning your interactions with Site and/or third-party websites, networks, or applications accessed through the Site (e.g., viewing habits, viewing preferences, viewing history, number of clicks on a page, etc.);
- Billing, payment, and shipping information.
If you visit or access the Site with your mobile device, then Aphrodite Fertility Acupuncture may collect additional categories of information, including:
- The name associated with your mobile device;
- The telephone number associated with your mobile device;
- Your geolocation;
- With your express written consent, information about third-party software applications on your mobile device (including, without limitation, general software applications, downloadable software applications, and social media applications).
HOW INFORMATION IS COLLECTED:
Aphrodite Fertility Acupuncture may collect your information when you (1) visit, access, or use the Site; (2) when you register with or subscribe to use the Site; (3) when you sign into the Site; (4) when you interact with the Site on any social media platforms; (5) when you allow the Site to access, upload, download, import, or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access, or use the Site) or online accounts with third-party websites, platforms, servers, or applications; or (6) when Aphrodite Fertility Acupuncture asks you for such information. In addition, if you send Aphrodite Fertility Acupuncture any communication or message through the Site, Aphrodite Fertility Acupuncture may collect any information provided therein.
Additionally, Aphrodite Fertility Acupuncture may use various tracking, data aggregation, and/or data analysis technologies, including, for example, the following: cookies, flash cookies, web beacons, scripts, and analytic tools and services.
Please be advised that if you choose to block, reject, disable, delete, or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation, and data analysis technologies, then certain areas of the Site might not function properly.
By visiting, accessing, or using the Site, you acknowledge and agree in each instance that you are giving Aphrodite Fertility Acupuncture permission to monitor or track your activity on the Site, and that Aphrodite Fertility Acupuncture may use the aforementioned technologies and/or tracking, data aggregation, and data analysis technologies.
USE OF INFORMATION
In connection with your use of the Site, Aphrodite Fertility Acupuncture may use your information for a number of purposes, including, but not limited to:
- Verifying your identity;
- Confirming your location;
- Administering your account;
- Processing your payments;
- Facilitating your use of the Site;
- Communicating with you through email or other forms of communication, including providing you with information regarding Aphrodite Fertility Acupuncture’s products and/or related promotions;
- Providing you with customer support;
- Improving the Site;
- Analyzing traffic to and use of the Site;
- Protecting or enforcing Aphrodite Fertility Acupuncture’s rights and properties and the rights and properties of others;
- When required by applicable law, court order, or other governmental authority; and
- In any other way Aphrodite Fertility Acupuncture believes in good faith is necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations, or properties of Aphrodite Fertility Acupuncture or anyone else who may be harmed by such activities, or to further Aphrodite Fertility Acupuncture’s legitimate business interests).
Aphrodite Fertility Acupuncture may de-identify your information and use, create, and sell such de-identified information for any business or other purposes not prohibited by applicable law.
Aphrodite Fertility Acupuncture may retain your information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to operate the Site. Aphrodite Fertility Acupuncture may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by Aphrodite Fertility Acupuncture or as required by law.
Availability, price, and time-sensitive information appearing on the Site are subject to change. Aphrodite Fertility Acupuncture advises you to confirm all specific terms appearing on or through the Site before acting in reliance on such terms.
THE PRODUCTS PROVIDED BY APHRODITE FERTILITY ACUPUNCTURE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, APHRODITE FERTILITY ACUPUNCTURE DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. APHRODITE FERTILITY ACUPUNCTURE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED AND AVAILABLE THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. APHRODITE FERTILITY ACUPUNCTURE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS AVAILABLE THROUGH THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY & LIMITATION OF LIABILITY
You agree to indemnify Aphrodite Fertility Acupuncture (and its officer, directors, employees, agents, and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from or relating to your use of and access to the Site (including, without limitation, any decisions, actions, or omissions you make based on any content on the Site).
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL APHRODITE FERTILITY ACUPUNCTURE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PRODUCT PROVIDED BY THE SITE EVEN IF APHRODITE FERTILITY ACUPUNCTURE OR ONE OF ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST APHRODITE FERTILITY ACUPUNCTURE FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THE SITE.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST APHRODITE FERTILITY ACUPUNCTURE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE, YORU SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
These TAC will be governed by the laws of the State of California, without regard to conflict-of-law principles. Subject to the arbitration provision stated below, you agree that the resolution of any dispute or claim arising out of or related to these TAC will be subject to the exclusive jurisdiction and venue in the state and federal courts in the State of California, County of San Diego.
If you believe that you have a dispute or claim against Aphrodite Fertility Acupuncture arising out of your use of the Site or under these TAC, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give Aphrodite Fertility Acupuncture written notice, which will include your full name, contact information, the nature and basis giving rise to your dispute or claim, as well as your proposed resolution.
If you and Aphrodite Fertility Acupuncture are unable to resolve your concerns informally within 30 days after you provide notice, you may commence an arbitration proceeding against Aphrodite Fertility Acupuncture, which means YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT, HAVE A JURY TRIAL, AND LEAD OR PARTICIPATE IN A CLASS ACTION. Any such arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”), then in effect. Further, you agree that no arbitrator shall consolidate any other person’s claims with your claims and may not otherwise preside over any form of multi-party or class proceeding. You also agree that the award of an arbitrator will be final and binding. You agree that Aphrodite Fertility Acupuncture may seek interim or preliminary relief from a court of competent jurisdiction in California as necessary to protect its rights or property pending the completion of arbitration.
You must file a demand for arbitration with JAMS within one (1) year after the date your claim arose, or within the shortest time period permitted by applicable law. Otherwise your claim is waived.
Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or equitable relief at any time, from any court of competent jurisdiction.
If any provision of these TAC shall be deemed unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from these TAC and shall not affect the validity or enforceability of any remaining provisions. The failure of either you or Aphrodite Fertility Acupuncture to exercise, in any way, any right herein shall be deemed a waiver of any further rights hereunder. These TAC constitute the entire agreement between you and Aphrodite Fertility Acupuncture relating to the subject matter herein. You and Aphrodite Fertility Acupuncture agree that there are no third party beneficiaries intended under these TAC.
These TAC may be subject to change. If Aphrodite Fertility Acupuncture makes any changes, we will revise the “last modified” date at the bottom of this document. Aphrodite Fertility Acupuncture encourages you to review these TAC periodically. Your continued use of the Site constitutes your agreement to such changed TAC.
Last modified: November 8th, 2022
PATIENT NOTICE OF HIPAA PRIVACY PRACTICES
This Notice describes how medical information about you may be used and disclosed and how you get access to such information.
COMMITMENT TO YOUR PRIVACY
Emily Nichols LAC INC, a California limited liability company (“Aphrodite Fertility Acupuncture”) is dedicated to protecting the privacy of your protected health information (“PHI”). PHI is information about you that may be used to identify you (such as your name, social security number, email address, mobile telephone number, address, or date of birth), and that relates (a) to your past, present, or future payment for the provision of healthcare; (b) to the provision of healthcare to you; or (c) to your past, present, or future payment for the provision of healthcare. In conducting its business we will receive and create records containing your PHI. We are required by law to maintain the privacy of your PHI and provide you with notice of our legal duties and privacy practices with respect to your PHI. Healthcare providers involved in your care may have different policies or notices regarding their use and disclosure of your PHI.
We must maintain the privacy of your PHI, give you this Notice of its legal duties and privacy practices, notify you if you are affected by a breach of unsecured PHI, and abide by the terms of this Notice while it is in effect. Aphrodite Fertility Acupuncture and its employees, volunteers, and other personnel must also abide by this Notice.
This current Notice will take effect on November 8th, 2022, and will remain in effect until we replace it. We reserve the right to change the terms of this Notice at any time, as long as the changes are in compliance with applicable law. If we change the terms of this Notice, the new terms will apply to all PHI we maintain, including PHI that was created or received before such changes were made. If we change this Notice, we will post the new Notice on Aphrodite Fertility Acupuncture’s website, https://www.aphroditefertility.com (the “Site”), and will make the new Notice available upon request. Your continued use of the Site after changes to this Notice have been made shall constitute your consent to the new Notice.
USE AND DISCLOSURES OF PHI
To the extent applicable, Aphrodite Fertility Acupuncture may use and disclose your PHI for the following purposes:
Treatment, Payment, and Healthcare Operations. We are permitted to use and disclose your PHI for purposes of (a) treatment; (b) payment; and (c) healthcare operations. For example:
- Treatment: We may disclose your PHI to a physician or healthcare provider for purposes of a visit or in connection with the provision of follow-up treatment.
- Payment: We may use and disclose your PHI to your health insurer or health plan in connection with the processing and payment of a claim and other charges.
- Healthcare operations: We may use and disclose your PHI in connection with healthcare operations, such as providing customer services and conducting quality review assessments. We may engage third parties to provide various services. If any such third party must have access to your PHI in order to perform its services, we may require that third party to enter into an agreement that binds the third party to the use and disclosure restrictions provided in this Notice.
Authorization. We are permitted to use and disclose your PHI upon your written authorization to the extent such use or disclosure is consistent with your authorization. You may revoke such authorization at any time. To authorize us to disclose your PHI to a third party, please contact Aphrodite Fertility Acupuncture through the Site.
As Required by Law. We may use and disclose your PHI to the extent required by law.
Special Circumstances. The following categories describe unique circumstances in which we may use or disclose your PHI:
- Public Health Authorities: Aphrodite Fertility Acupuncture may disclose your PHI to public health authorities or other governmental authorities for purposes including preventing and controlling disease, reporting child abuse or neglect, reporting domestic violence, and reporting to the Food and Drug Administration regarding the quality, safety, and effectiveness of a regulated product or activity. We may, in certain circumstances, disclose PHI to persons who have been exposed to communicable disease or may otherwise be at risk of contacting or spreading a disease or condition.
- Workers’ Compensation. We may disclose your PHI as authorized by, and to the extent necessary to comply with, workers’ compensation programs and other similar programs relating to work-related illnesses or injuries.
- Health Oversight Activities. We may disclose your PHI to a health oversight agency for authorized activities such as audits, investigations, inspections, licensing, and disciplinary actions relating to the healthcare system or government benefits programs.
- Judicial and Administrative Proceedings. We may disclose your PHI in certain circumstances, as permitted by applicable law, in response to an order from a court or administrative agency, or in response to a subpoena or discovery request.
- Law Enforcement. We may disclose your PHI to a law enforcement official, such as for purposes of identifying or locating a suspect, fugitive, material witness, or missing person.
- Decedents. We may, under certain circumstances, disclose PHI to coroners, medical examiners, and funeral directors for purposes such as identification, determining the cause of death, and fulfilling duties related to decedents.
- Organ Procurement. We may, under certain circumstances, use or disclose PHI for the purposes of organ donation and transplantation.
- Research. We may, under certain circumstances, use or disclose PHI in a limited data set that does not include direct identifiers such as your name, address, social security number, phone number, and email address, for research purposes. Such uses may include activities that are preparatory to research or informing you of research studies that may be of interest to you. You will not be enrolled in a research study without your prior voluntary informed consent, unless an institutional review board has waived the need to obtain informed consent.
- Threat to Health or Safety. We may, in certain circumstances, use or disclose PHI, if necessary, to prevent or lessen a serious imminent threat to the health or safety of a person or the public.
- Specialized Government Functions. We may, in certain circumstances, use and disclose PHI of persons who are, or were, in the Armed Forces for purposes such as ensuring proper execution of a military mission or determining entitlement to benefits. We may also disclose PHI to federal officers for intelligence and national security purposes.
Marketing and Sale. Most uses and disclosures of PHI for marketing purposes or that constitute a sale of medical information require your prior express authorization. Aphrodite Fertility Acupuncture will obtain your written permission for (1) most uses and disclosures of PHI for marketing purposes, as defined by HIPAA; and (2) disclosures that constitute a sale of PHI, as defined by HIPAA. If you provide us permission to use or disclose your PHI, you may revoke that permission in writing at any time. If you revoke your permission, your revocation will be effective upon receipt, but will not be effective to the extent that we or others have acted in reliance upon such permission.
YOUR RIGHTS REGARDING YOUR PHI
You have the following rights regarding the PHI maintained by Aphrodite Fertility Acupuncture.:
- Confidential Communications. You have the right to receive confidential communications of your PHI. You may request that we communicate with you through alternate means or at an alternate location, and we will accommodate your reasonable requests. You must submit your request in writing through the Site.
- Restrictions. You have the right to request restrictions on certain uses and disclosures of PHI for treatment, payment, or healthcare operations. You also have the right to request that Aphrodite Fertility Acupuncture or the P.C. restrict its disclosures of PHI to only certain individuals involved in your care or the payment of your care. You must submit your request in writing through the Site. We are not required to comply with your request. However, if we agree to comply with your request, we will be bound by such an agreement, except when otherwise required by law or in the event of an emergency.
- Inspection and Copies. You have the right to inspect and copy your PHI. You must submit your request in writing to us. We may impose a fee for the costs of copying, mailing, labor, and supplies associated with your request. We may deny your request to inspect and/or copy your PHI in certain limited circumstances. If that occurs, we will inform you of the reason for the denial, and you may request a review of the denial.
- Amendment. You have the right to request that we will amend your PHI if you believe that it is incorrect or incomplete, and you may request an amendment for as long as the information is maintained by Aphrodite Fertility Acupuncture. You must submit a request in writing through the Site and provide a reasonable to support the requested amendment. We may, under certain circumstances, deny your request by sending you a notice of denial. If Aphrodite Fertility Acupuncture denies your request, you will be permitted to submit a statement of disagreement for inclusion in your records.
- Accounting of Disclosures. You have a right to receive an accounting of all disclosures Aphrodite Fertility Acupuncture. has made of your PHI. However, that right does not include (1) disclosures made for treatment, payment, or healthcare operations; (2) disclosures made pursuant to an authorization; and (3) certain other disclosures. You must submit your request in writing through the Site and you must specify the time period involved (which must be for a period of time of less than six years from the date of disclosure). Your first accounting will be free of charge. However, we may charge you for the costs involved in fulfilling any additional request made within a period of 12 months. We will inform you of such costs in advance, so you may withdraw or modify your request to save costs.
- Breach Notification. You have the right to be notified in the event that Aphrodite Fertility Acupuncture. discovers a breach of unsecured PHI.
- Paper Copy. You have the right to obtain a paper copy of this Notice at any time upon request.
- Complaint. You may complain to Aphrodite Fertility Acupuncture and/or the Secretary of the Department of Health and Human Services if you believe that your privacy rights have been violated. To file a complaint with Aphrodite Fertility Acupuncture, you must submit a statement in writing. We will not retaliate against you for filing a complaint.
- Further Information. If you would like more information about your privacy rights, please contact us through the Site.
Effective date of this Notice: November 8, 2022
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders and reserve services placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to: communicate with you; screen our orders for potential risk or fraud; and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store–you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
Aphrodite Fertility Acupuncture has a 30 day return policy for supplements and products bought in our center or online store. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Aphrodite Acupuncture custom herbal tinctures and products like probiotics which are sold refrigerated are non-returnable.
We may replace items if they are damaged upon receipt. If you need to exchange it for the same item, please email info@aphroditeacupuncture to process your exchange.
To complete your return, we require a receipt or proof of purchase.
To return a product you received from our online store, please email us at info@aphroditeacupuncture to request your return.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.
Once your return is received and inspected, we will send an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, your refund will be processed and a credit will be applied to your credit card or original method of payment. Please contact us at email@example.com if you have questions about your refund.
PACKAGES & MEMBERSHIPS
Please note that all of our treatment packages have an expiration date of one year after purchase. Aphrodite Fertility Acupuncture memberships are month-to-month, with a 3-month minimum commitment. You can cancel anytime right up until the membership is set to renew.