Terms and Conditions
The fine prints of using this website.
Agreement between User and TRANACUPUNCTURE.COM
Welcome to TRANACUPUNCTURE.COM. The TRANACUPUNCTURE.COM website (the “Site”) is comprised of various web pages operated by TRAN ACUPUNCTURE LLC (“TRAN ACUPUNCTURE”). TRANACUPUNCTURE.COM is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of TRANACUPUNCTURE.COM constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
TRANACUPUNCTURE.COM is a business site.
The information provided on this site is intended solely to further the public’s general knowledge of TRAN ACUPUNCTURE’s services in the field of Oriental medicine and should not be misconstrued or relied upon as advice, diagnoses, or opinions regarding any individual’s treatment or problem. Nothing should replace the relationship that you maintain with your personal physician.
Electronic Communications
Visiting TRANACUPUNCTURE.COM or sending emails or mobile text to TRAN ACUPUNCTURE constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, text, and on the Site, satisfy any legal requirement that such communications be in writing.
By providing your cell phone number, you have provided TRAN ACUPUNCTURE with consent to send you text messages to provide you information regarding the services you have requested which may include but not be limited to inquiries, appointment reminders and confirmations, and payment reminders and notifications. By providing this consent, you are authorizing TRAN ACUPUNCTURE, individually, and our affiliates, agents, assigns and service providers (collectively, “we”, “us” and “our”) to contact you using automatic telephone dialing systems, automatic texting systems and artificial or prerecorded messages. By providing this consent, you have also represented that you are the owner or customary user of any cell phone number which you have provided to us. Your cellular provider’s Message & Data Rates May Apply.
You understand the text messages we send may be seen by anyone with access to your phone and you agree that we are not liable for anyone accessing such messages.
You agree to notify us immediately if you change your cell phone number, cease using the cell phone number you provided us, assign any non-cellular phone number you have provided us to a cellular service, or transfer your cell phone to another person.
Children Under Thirteen
TRAN ACUPUNCTURE does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use TRANACUPUNCTURE.COM only with permission of a parent or guardian.
Cancellation/Refund Policy
Full payment is due at the time of service. If the patient needs to reschedule or cancel an appointment, in order to avoid a cancellation fee, he or she must call the office and/or practitioner directly with at least 24 hours advance notice. Patients who do not arrive for their appointments and have not called (“no call/too show’) will be charged the full price of the missed session, payable before the next appointment can be scheduled.
Links to Third Party Sites/Third Party Services
TRANACUPUNCTURE.COM may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of TRAN ACUPUNCTURE and TRAN ACUPUNCTURE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TRAN ACUPUNCTURE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TRAN ACUPUNCTURE of the site or any association with its operators.
Certain services made available via TRANACUPUNCTURE.COM are delivered by third party sites and organizations. By using any product, service or functionality originating from the TRANACUPUNCTURE.COM domain, you hereby acknowledge and consent that TRAN ACUPLNCTURE may share such information and data with any third party with whom TRAN ACUPUNCTURE has a contractual relationship to provide the requested product, service or functionality on behalf of TRANACUPUNCTURE.COM users and customers.
No Unlawful or Prohibited Use/intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use TRANACUPUNCTURE.COM strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to TRAN ACUPUNCTURE that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of TRAN ACUPUNCTURE or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. TRAN ACUPUNCTURE content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TRAN ACUPUNCTURE and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TRAN ACUPUNCTURE or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by TRAN ACUPUNCTURE from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TRAN ACUPUNCTURE Content accessed through TRANACUPUNCTURE.COM in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless TRAN ACUPUNCTURE, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TRAN ACUPUNCTURE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TRAN ACUPUNCTURE in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLETIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and TRAN ACUPUNCTURE agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TRAN ACUPUNCTURE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TRAN ACUPUNCTURE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TRAN ACUPUNCTURE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, IN ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRAN ACUPUNCTURE LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRAN ACUPUNCTURE LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
TRAN ACUPUNCTURE reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TRAN ACUPUNCTURE as a result of this agreement or use of the Site. TRAN ACUPUNCTURE’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TRAN ACUPUNCTURE’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TRAN ACUPUNCTURE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TRAN ACUPUNCTURE with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TRAN ACUPUNCTURE with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Change to Terms
TRAN ACUPUNCTURE reserves the right, in its sole discretion, to change the Terms under which TRANACUPUNCTURE.COM is offered. The most current version of the Terms will supersede all previous versions. TRAN ACUPUNCTURE encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
TRAN ACUPUNCTURE LLC
3829 Roswell Road
Marietta, Georgia 30062
Email Address: info@tranacupuncture.com
Telephone number: (404) 310-4829
Effective as of August 01, 2019