Terms & Conditions
Welcome to Bliss!
Bliss Aesthetics, Inc. (“Bliss”) provides its services, described below, to you through its website located at https://www.bliss.me/ (“Website”) and through its mobile applications (“App”) and related services, content, tools, widgets, software, API(s), and/or other product(s), service(s), data, or information supplied to you by Bliss (collectively, including any new features and applications, and the Website and the App, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). Bliss reserves the right, at its sole discretion, to change or modify portions of these Terms of Service at any time.
Bliss will post any changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST BLISS TO BINDING AND FINAL ARBITRATION, AND FURTHER (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST BLISS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST BLISS RESOLVED BY A JURY OR IN A COURT OF LAW. BY USING THE WEBSITE AND/OR THE APP, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF SERVICE, PLEASE DO NOT USE THESE SERVICES.
When using certain services, you are subject to any additional terms and conditions applicable to such services applicable to you as a user of the Services, including, without limitation, the Privacy Policy located at https://www.bliss.me/, which is agreed to and incorporated herein by reference. You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy, which includes those terms and conditions expressly set forth herein and those incorporated by reference before using the Website and App.
Access and Use of the Service
Services Description: Bliss operates an online marketplace for cash-pay clients seeking plastic surgery or other cosmetic health care services. Using the online marketplace, Bliss assists such clients with (1) creating a client-directed desired treatment plan to facilitate the client’s discussion with their ultimate treating physician, (2) identifying potential health care providers, (3) navigating health care provider consultation and treatment encounters, (4) obtaining financing, and (5) coordinating payments to the health care providers and financing vendors. Bliss coordinates with each client to suggest a potential health care provider and assists with scheduling and the collection of the costs for health care services.
Bliss proposes health care providers that are participating in the Bliss marketplace based on specific criteria like professional experience and expertise, professional credentials, location, client reviews, and procedure costs. There are, of course, many other health care providers that could offer the same or similar services, and Bliss’ failure to identify them to the client Health care providers do not pay any fee to be included in Bliss marketplace. As necessary and at the client’s request, Bliss assist clients in connecting with, and obtaining financing from, third-party financing companies.
No Medical Advice: Bliss does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession by health care providers, each of whom is responsible for his, her or their services and compliance with the requirements applicable to his/her/their profession and license. The content, which includes any text, graphics, images, or other material contained, accessed or entered on the Website or App by you or a health care provider (“Content”), is for educational/informational purposes only and is not a substitute for medical advice, diagnosis or treatment provided by a qualified health care provider.
Any communication between you and health care providers on the Website or App (including any responses by health care providers to questions posted on the Website or App or through any feature available on the Website or App) is for general informational purposes only and does not create nor is it intended to create a physician-patient relationship as defined by federal and state law. Your reliance on any information (including any links to third-party websites containing any information about health care providers) or Content provided on the Website or App, whether or not it is provided by a health care provider, is solely and exclusively at your own risk.
You should always seek the advice of your health care provider for any questions you may have about your own medical condition(s). In particular, Bliss recommends, and you agree, that you will have a candid discussion with any health care provider you might engage for the services, you should provide him or her with complete and accurate information about your medical history and any other information he or she may request, and you will rely solely on that health care provider’s clinical judgment, and not any discussions you may have had with Bliss or Bliss representatives in making the informed, voluntary and knowing decision to undertake any particular course of treatment.
Bliss does not endorse or recommend any specific content, procedures, products, opinions, health care providers, or any other material or information available through the Service. In addition, the health care providers featured on the Service are not employees or independent contractors of Bliss and Bliss does not make any warranties about the qualifications of the health care providers or the costs of the procedures or products featured on the Service.
Your Registration Obligations: You may be required to register with Bliss to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering.
Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account, whether conducted by you, your organization, employees, or authorized agents. Bliss is entitled to act on instructions received under your password. You agree to (a) immediately notify Bliss of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Bliss is not responsible for any actions taken or transactions made to or from your accounts by any other party using your password, and Bliss will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Bliss reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, to the extent permitted by applicable law. You agree that Bliss will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage of Your Information: You acknowledge that Bliss may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Bliss’s servers on your behalf. You agree that Bliss shall not be liable for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Bliss reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Bliss reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (a) the ability to upload content to the Service via a mobile device, (b) the ability to browse the Service and the Website and the App from a mobile device and (c) the ability to access certain features on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
By using the Mobile Services, you agree that Bliss may communicate with you regarding Bliss and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Bliss. Notwithstanding the foregoing, you agree not to use SMS, MMS or text messaging to share any health data with Bliss or an individual and release Bliss from any and all responsibility for sending any such health data via unsecured SMS, MMS or text message. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Bliss account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of Use
User Conduct: You agree to use the Services only as directed and approved by Bliss. You may not use the Services if you are under the age of 18. Bliss reserves the right to investigate and take appropriate legal action against anyone who, in Bliss’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
You agree to not use the Services to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party;
- (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships;
- (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- (iv) poses or creates a privacy or security risk to any person;
- (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
- (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;
- or (vii) in the sole judgment of Bliss, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Bliss or its users to any harm or liability of any type;
- provide or purport to provide medical advice, prescription, diagnosis, or treatment recommendations;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from, exploit, or harm anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services, or promote a product, service, procedure, business, health care provider, or another entity or person for any business purpose that is not specifically authorized;
do anything that Bliss determines, in its sole discretion, is improper;
- post or submit any Content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit; false, misleading, fraudulent, invasive of another’s privacy or publicity rights; an infringement upon another’s intellectual property rights; contains any trade secrets or other confidential information; or is otherwise offensive or objectionable;
- promote, encourage or glorify violence, self-harm, suicide, anorexia, bulimia, or any other practice that is unhealthy or harmful;
- register for multiple accounts or use the account of another person without their authorization;
impersonate or pretend to be any person other than yourself, including to impersonate or pretend to be a health care provider;
- attempt to solicit business or direct website visitors to a non-Bliss site for commercial purposes or spamming any Bliss health care providers, community members or other users;
- post links to sites or files that contain or are viruses, spyware, malware, or other harmful content, or use any data mining, robots, or similar data gathering and extraction methods in connection with the Services;
- attempt to interfere with or disrupt the Services or any person’s ability to use the Services;
- create and upload reviews or comments in exchange for monetary compensation or other incentive;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
Fees:
Bliss charges an initial fee of $3,000 per treatment episode for access to Bliss’s platform and for Bliss’s services. With the exception: Exception: If your treatment episode consists solely of either a Breast Augmentation or a Breast Lift procedure (when not performed in combination with any other procedure), the initial fee for Bliss’s services is $2,000.
The initial $3,000 fee covers Bliss’s services for one procedure. If you wish to obtain multiple procedures in one treatment episode, you will be charged an additional fee based on the type of additional procedure(s)—$250 for each additional surgical procedure and $250 for each additional non-surgical procedure for which Bliss provides services.
Bliss is not a health care provider and does not accept Medicare, Medicaid, or any other third-party commercial insurance. Bliss provides services exclusively to cash-pay, or self-pay, clients. You agree not to submit any bills for services associated with the Bliss marketplace to Medicare, Medicaid, or any other third-party commercial insurance. As applicable, you will be required to pay the fee(s) described above. You agree to pay Bliss the amount that is specified in an invoice Bliss will provide to you, which will include the total amount you owe, broken down to show charges for Bliss’s services and charges for any health care services.
Bliss passes 100% of the fees for health care services to your chosen health care provider, without commission or mark-up. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Bliss’s net income. If you dispute any charges, you must let Bliss know within sixty (60) days after the date of such charges. Unless otherwise specified, all Bliss’s Services are non-refundable and non-transferable. You will also receive an invoice covering the services of the health care provider to you under your separate physician/patient relationship. You also agree not to submit any bills for services of your health care provider to Medicare, Medicaid, or any other third-party commercial insurance.
Bliss reserves the right to change Bliss’s prices for the Services, unless otherwise explicitly agreed to by Bliss in writing. If Bliss does change prices, Bliss will provide notice of the change on the Service or by email or regular mail to you, at Bliss’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
Bliss is not obligated to enforce these terms against another user, health care provider, or other third-party on your behalf. If you believe another user, health care provider, or other third-party has violated these terms, then please contact Bliss by contacting legal@bliss.me. Bliss reserves the right to investigate the matter and take whatever action Bliss deems appropriate in its sole discretion.
Cancellation: THE FOLLOWING CANCELLATION POLICIES APPLY UNDER THESE TERMS OF SERVICE:
IF YOU CANCEL YOUR PROCEDURE THIRTY (30) OR MORE DAYS BEFORE YOUR SCHEDULED PROCEDURE DATE, WE WILL REFUND ONE HUNDRED PERCENT (100%) OF YOUR PAYMENT.
IF YOU CANCEL YOUR PROCEDURE BETWEEN TWENTY-NINE (29) AND EIGHT (8) DAYS BEFORE YOUR SCHEDULED PROCEDURE DATE, WE WILL REFUND FIFTY PERCENT (50%) OF YOUR PAYMENT.
IF YOU CANCEL YOUR PROCEDURE BETWEEN SEVEN (7) AND ZERO (0) DAYS BEFORE YOUR SCHEDULED PROCEDURE DATE, ONE HUNDRED PERCENT (100%) OF YOUR PAYMENT IS NON-REFUNDABLE.
IF YOUR PROCEDURE IS CANCELLED BECAUSE YOU FAIL TO PASS MEDICAL CLEARANCE, WE WILL REFUND ONE HUNDRED PERCENT (100%) OF YOUR PAYMENT. HOWEVER, PREGNANCY AND HIGH BODY MASS INDEX, OR OBESITY, SHALL NOT CONSITUTE GROUNDS FOR FAILURE TO PASS MEDICAL CLEARANCE AND THEREFORE DO NOT ENTITLE YOU TO A REFUND.
IF YOUR PROCEDURE IS CANCELLED BECAUSE YOU FAIL TO ADHERE TO PROVIDED INSTRUCTIONS (E.G. SMOKING CESSATION, DISCONTINUATION OF ASPIRIN INTAKE, ETC.) OR YOU BECOME PREGNANT, SUCH CANCELLATION SHALL BE TREATED AS IF YOU INITIATED THE CANCELLATION OF YOUR PROCEDURE, AND THE REFUND POLICIES SET FORTH IN SUBSECTIONS (a)-(c) OF THIS SECTION SHALL APPLY.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
U.S. Use Only; Governing Law: This Service is hosted in the United States and is intended only for users located in the United States. Bliss makes no representation that the information and services provided on the Service are applicable to, appropriate for, or available for use outside the United States. If you access our Service from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of our Services.
Note also that information submitted by you to Bliss may be transmitted to and shared with third parties located in other countries, in order to provide Services to you.
Commercial Use: The Service is for purposes of your personal care only. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Bliss Imagine
As part of the Services, Bliss offers access to a software called Bliss Imagine. Bliss Imagine uses artificial intelligence to generate and provide each client with fictionalized images based on the information they provide and desired outcomes they describe when providing information to Bliss Imagine. Bliss Imagine collects various types of information, including images from and about each client, and uses this information for the purpose of providing Bliss Imagine’s services. These fictionalized images are based on Bliss Imagine’s algorithm’s analysis of each client’s images and information that Bliss Imagine has collected from various sources, including other individuals who have utilized Bliss Imagine’s services in the past. Bliss will also use the information each client submits to Bliss Imagine to train Bliss’ Imagine’s artificial intelligence and thereby improve Bliss Imagine’s services. Bliss may also use the information clients submit to Bliss Imagine to improve Bliss Imagine’s artificial intelligence and/or algorithm or other Bliss platforms.
Bliss Imagine is intended to be an informational tool to enhance each client’s experience while using Bliss’ services. Bliss Imagine does not provide medical advice, service, care, diagnosis, or treatment of any kind and is not software as a medical device. For medical or health concerns, including questions and/or decisions about health care procedures, treatments, possible complications, and outcomes, clients must always consult with their healthcare providers or other qualified healthcare professionals. The contents of Bliss Imagine, such as the available health care procedures, predictions of health care outcomes, before and after clinical procedure photos, or any information that is provided by Bliss Imagine, are solely for educational and informational purposes and are not intended to be guarantees or clinical advice or recommendations. Each client’s reliance on this information is solely at their own risk. Bliss Imagine’s services must never be taken as medical advice or any type of guarantee of what a client’s appearance or outcome may be if they decide to seek treatment from a medical professional after using Bliss Imagine’s services. Results of such treatment may differ greatly from the fictionalized images Bliss Imagine provides.
By offering access to Bliss Imagine, Bliss is not providing medical advice or medical treatment. Bliss does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession by health care providers. Every client should consult with their chosen health care provider regarding the health care services appropriate for them, if any, and the potential outcomes of such services. Prior to accessing Bliss Imagine, Bliss may request or require clients to execute additional disclaimers and authorizations.
Electronic Communications
When you use the Service or send e-mails to Bliss, you are communicating with Bliss electronically and you consent to receive communications from Bliss electronically, including e-mail and text message. Bliss will communicate with you by e-mail, text message, or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that Bliss provides to you electronically satisfy any legal requirement that such communications be in writing. By using the Service, you acknowledge and agree that Bliss may send e-mails and text messages relating to your account. You can opt out of your subscription to Bliss’s e-mail services at any time by logging in to the Service and changing your notification preferences. You can also unsubscribe from special promotional e-mails at any time by clicking on the unsubscribe link in any of our e-mail communications under opt-in preferences. You may choose not to receive emails by unsubscribing.
You agree to use the Services, including as relates to the disclosure and transmission of PHI, in compliance with applicable law. You acknowledge and agree that you are solely responsible for providing Bliss with accurate contact information, including your mobile device number and email address, where Bliss may send communications. Bliss is not responsible for user errors and omissions.
Marketing Communications
By using the Service, you understand that Bliss may contact you by phone, email, or text message about your request. Further, by using the Service, you hereby acknowledge and agree that you are providing your express written consent to receive marketing and informational communications regarding personal care, beauty, and wellness via an automatic dialing system, artificial and pre-recorded calls, SMS/MMS, and emails from Bliss and/or one or more of its marketing partners at the phone number and/or email address you provided to us, including wireless numbers, if applicable, regardless of whether the number is on a corporate, state, or national “Do Not Call” list. In connection with the foregoing, you consent to and authorize us to provide your information to our marketing partners so that you may obtain their services. Carrier SMS/MMS and data rates may apply. Your consent to receive these marketing materials is not a condition to using the Service in any way, and you may revoke your consent at any time.
Third Party Distribution Channels
Bliss offers Software applications that may be made available through the Apple App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and Bliss only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of Bliss’s Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Bliss and you acknowledge that these Terms of Service are concluded between Bliss and you only, and not with Apple Inc. (“Apple”), and that as between Bliss and Apple, Bliss, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and
Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Bliss’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Bliss and you acknowledge that Bliss, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Bliss and Apple, Bliss, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Bliss as follows:
Email: contact@bliss.me; or
Phone: (347) 658-3254
Bliss and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: Bliss hereby grants to you a limited, personal, revocable, non-assignable, and non-exclusive license to use the Service. You agree that Bliss owns all rights, title, and interests (including all intellectual property rights under federal, state, and international intellectual property law; including but not limited to patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide) in and to the Service.
This ownership extends to all text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Bliss, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service.
In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Bliss from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Bliss, our affiliates and our partners or licensors, as applicable (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
The Bliss name and logos are trademarks and service marks of Bliss (collectively the “Bliss Trademarks”). Other Bliss product and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Bliss. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Bliss Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Bliss Trademarks will inure to Bliss’s exclusive benefit.
Without limiting the foregoing, you acknowledge and agree that the rights in any third-party content (including any third-party content licensed by us, advertisements, etc.) presented to you through the Service or in any other websites to which this Service contains links to, including copyright, trademarks, logos, service marks, patents or other proprietary rights and any other intellectual property rights not owned by Bliss, belong to their respective owners. Bliss makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Services provided by Bliss Aesthetics Inc.
Third Party Material: Under no circumstances will Bliss be liable in any way for any content, materials or services of, or provided by or on behalf of, any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Bliss does not pre-screen content, but that Bliss and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
Without limiting the foregoing, Bliss and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Bliss, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. The Services help users find and source certain third-party services provided by or on behalf of independent health care providers not related to Bliss. Bliss does not guarantee or warrant, and makes no representations regarding, any users, their actions, inactions, content or transactions, nor the reliability, quality or suitability of a provider’s services for users. By using the Service, you agree to hold Bliss free from the responsibility for any liability or damage that might arise out of the transactions involved.
NEITHER BLISS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY THIRD-PARTY PROVIDER NOR ANY USER OF THE SERVICES. ANY INDIVIDUALS WHO PROVIDE ANY THIRD-PARTY SERVICES ARE NOT EMPLOYEES NOR CONTRACTORS OF BLISS, AND BLISS IS NOT RESPONSIBLE FOR THEIR ACTIONS OR INACTIONS NOR FOR ANY SERVICES THEY PROVIDE (OR FAIL TO PROVIDE).
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients, including reviews, questions, comments, suggestions, ideas, feedback, direct messages, photographs, videos (including videos created through a third-party tool) and other materials on or through the Services (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, or have obtained all rights and necessary authorizations to do so.
By voluntarily providing Bliss with User Content, which may include Personal Information (as defined in the Privacy Policy), you are consenting to Bliss’s use of Personal Information in accordance with these Terms of Service and our Privacy Policy. You also agree that any User Content you submit through the Service that is communicated to our partners, affiliates, and medical providers will be accurate and complete. By uploading any User Content you hereby grant and will grant Bliss and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, the improvement of the Service, and as aggregated and/or de-identified for any lawful purpose, in any form, medium or technology now known or later developed, subject to the Privacy Policy.
You acknowledge and agree that any User Content provided by you to Bliss is non-confidential, and Bliss will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You also grant Bliss permission to publish and use your name, likeness, and voice in connection with your User Content. In addition, by uploading User Content to the Services, you hereby waive any rights of privacy or publicity. You also grant Bliss the right and authority to send takedown notices related to your User Content to any individual or entity under the Digital Millennium Copyright Act, provided that Bliss has obtained your explicit consent for each individual takedown notice.
You acknowledge and agree that Bliss may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, applicable laws or government requests. In the event that Bliss receives a court order to disclose information on the Website and/or the App about you or your activities on the Website and/or the App, you agree that such information may be disclosed. Bliss may also disclose content to enforce these Terms of Service; respond to claims that any content violates the rights of third parties; or protect the rights, property, or personal safety of Bliss, its users and the public. In addition, it may be necessary in the reasonable opinion of officials of Bliss that certain information be provided to third parties, such as law enforcement authorities or governing bodies for a particular health care provider.
You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. To provide the Services to you, Bliss may share your personally identifiable information with authorized service providers that perform certain services or functions on Bliss’s behalf. You may request that Bliss update or change the information you provided to Bliss or to receive a copy of the information Bliss has stored by emailing Bliss at legal@bliss.me or by updating the information in your Member profile. Bliss will make every reasonable effort to honor your wishes or provide you with an explanation of why Bliss cannot make the changes requested. Bliss may request proof of identity before updating any information.
Bliss commits to reviewing and monitoring User Content to the best of its ability to ensure compliance with these Terms of Service, but does not have any responsibility for screening, monitoring, or editing for the User Content posted by other Bliss community members, health care providers, or other third-party content providers. The statements or User Content posted by Bliss community members, health care providers, or other third-party content providers on the Service are those of the community members, health care providers or other third-party content providers and are not the opinion of Bliss.
Request for Removal: There may be medical-related or health-related materials posted by Bliss community members, health care providers, or other third-parties that contain nudity. If you find these materials to be offensive, then you may want to use the Service in such a way as to limit your viewing of this material. If you feel the nudity extends beyond the bounds of addressing personal care, beauty, and wellness and is pornographic or inappropriate, you may make a complaint consistent with these Terms of Service.
Notwithstanding the foregoing, health care providers must have the proper consent(s) from individuals and comply with all applicable laws (as well as these Terms of Service) before uploading, submitting, or posting any photographs or videos of individuals on the Service. If a health care provider or other third-party has submitted, uploaded, or posted a photograph or video of or featuring you on the Service and you want the photograph or video removed, please contact legal@bliss.me.
Please provide the following information about the photograph or video in order for us to be able to identify the media: (1) identify the photograph or video and provide us with enough information to be able to locate the media on the Service; (2) provide a statement to the effect that you have in good faith determined that the photograph or video is of you and was either not authorized to be uploaded, posted, or submitted or your health care provider had permission to upload, post, or submit the media but you no longer give consent to the publication of the media on this Service; (3) provide a statement declaring that the contents of your notification to us are accurate and true and, under penalty of perjury, that you are the person in the photograph or video or that you are authorized to act on behalf of the person featured in the photograph or video; (4) provide information so that we may contact you; and (5) your signature (in physical or electronic form).
Confidentiality: You acknowledge and agree that Bliss has contributed significant time and resources to the formation, development, maintenance, use and marketing of the Bliss marketplace platform (the "Platform"). You further acknowledge that, through your use of the Service(s), you may become privy to or aware of proprietary or confidential information of Bliss, including, but not limited to the Platform and its formation, development, maintenance, use, and marketing (collectively, "confidential information"). In recognition of Bliss’s contributions and of being provided with Bliss’s confidential information, you agree: (a) except as required by law, to maintain the confidential information in the strictest confidence; and (b) to not, without the prior written consent of Bliss, directly or indirectly, use, disclose, or make available to any other person or entity any confidential information made known to you through the use of the Service(s) and/or the Platform.
Third Party Websites and Services
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Bliss has no control over such sites and resources and Bliss is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Bliss will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Bliss is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify, defend and hold Bliss and its affiliates and its and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, liabilities, fines, fees, penalties, damages, costs, expenses, including reasonable attorneys’ fees, arising out of or related to any allegations, rights, claims, actions of any kind arising out of or related to: (i) injury (including death) or damage to property caused by your or your agents’ action or inaction; (ii) your use of the Service, (iii) any content or materials provided by you or your agents, (iv) your connection to the Service, (v) any Third-Party Services you provide, (vi) your violation of these Terms of Service, or (vii) your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred to the extent as a result of any breach of these terms by such Indemnitee.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
IN NO EVENT WILL YOU HAVE ANY OBLIGATION TO INDEMNIFY ANY INDEMNITEE FOR ANY LOSS, LIABILITY OR EXPENSE TO THE EXTENT ARISING FROM ANY GROSSLY NEGLIGENT, RECKLESS, WILLFUL, FRAUDULENT OR INTENTIONAL MISCONDUCT COMMITTED BY ANY INDEMNITEE. ANY OBLIGATION TO INDEMNIFY AN INDEMNITEE FOR ANY LOSS, LIABILITY OR EXPENSE ARISING FROM ANY NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, WILLFUL, FRAUDULENT OR INTENTIONAL CONDUCT COMMITTED BY ANY INDEMNITEE MAY NOT BE ENFORCEABLE AGAINST ANY VISITOR OF THE SERVICES TO THE EXTENT REQUIRED BY APPLICABLE LAW, SUCH AS FROM CERTAIN JURISDICTIONS (SUCH AS NEW JERSEY).
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLISS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BLISS MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLISS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLISS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL BLISS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BLISS IN THE LAST TWELVE (12) MONTHS.
IN ADDITION, IN NO EVENT SHALL BLISS BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY (INCLUDING, WITHOUT LIMITATION, BY ANY HEALTH CARE PROVDIER OR MEMBER) IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION ABOUT HEALTH CARE PROVIDERS, PROCEDURES, TREATMENTS, OR PRODUCTS POSTED ON THE SITE. BLISS SHALL NOT BE LIABLE FOR ANY DAMAGES, DELAYS, OR NON-PERFORMANCE CAUSED BY FACTORS OR ACTIVITIES BEYOND ITS REASONABLE CONTROL, INCLUDING DELAYS AND NONPERFORMANCE CAUSED BY VIRUSES, DENIAL OF SERVICE ATTACKS, OTHER ACTS OR OMISSIONS OF THIRD-PARTIES, INTERNET SERVICE PROVIDER FAILURES, STRIKES, LOCKOUTS, WORK SLOWDOWNS OR STOPPAGES, ACCIDENTS, FIRES, TERRORISM, ACTS OF GOD, GOVERNMENT RESTRICTIONS, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURES, WAR OR INSURRECTION.
EXCEPT FOR YOUR OBLIGATIONS TO INDEMNIFY, DEFEND AND HOLD HARMLESS, YOUR OBLIGATIONS WITH RESPECT TO PRIVACY, CONFIDENTIALITY AND/OR DATA SECURITY, YOUR BREACH OF APPLICABLE LAWS, AND/OR YOUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL YOUR TOTAL LIABILITY TO BLISS FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID (OR SHOULD HAVE PAID) BLISS IN THE LAST TWELVE (12) MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION AND RELEASE”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” Except as expressly agreed to in writing by Bliss, you agree that any and all disputes or claims that have arisen or may arise between you and Bliss, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.
Except as expressly agreed to in writing by Bliss, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against Bliss on your behalf. You agree that, by entering into this Terms of Service, you and Bliss are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator as set forth below, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class Representative Actions and Non-Individualized Relief: YOU AND BLISS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BLISS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution: Bliss is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at contact@bliss.me. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute (“Notice”). The Notice to Bliss should be sent to 566 Shanas Ln, Encinitas, CA 92024 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Bliss and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Bliss may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Bliss or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Bliss is entitled.
Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator administered by JAMS in accordance with JAMS’ Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this Section, and as of the date of this Agreement). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. For information on JAMS, please visit its website, https://www.jamsadr.com/. Information about the JAMS Rules and fees for disputes can be found at JAMS’ relevant page, https://www.jamsadr.com/rules-download/.
If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Bliss and you agree otherwise, the seat of arbitration shall be California. If your claim is for $10,000 or less, Bliss agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Bliss will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Bliss will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Bliss will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the JAMS Rules.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement: Notwithstanding any provision in this Terms of Service to the contrary, Bliss agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Bliss written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Termination
You agree that Bliss, in its sole discretion, to the extent permitted under applicable law, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Bliss believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities.
Bliss may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be affected without prior notice, and acknowledge and agree that Bliss may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service, to the extent permitted under applicable law. Further, you agree that Bliss will not be liable to you or any third party for any termination of your access to the Service.
General
Except as otherwise agreed to in writing by Bliss, these Terms of Service, in conjunction with the Privacy Policy, constitute the entire agreement between you and Bliss and govern your use of the Service, superseding any prior agreements between you and Bliss with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software.
These Terms of Service and any separate agreements whereby Bliss provides you Services will be governed by and construed in accordance with the laws of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, (a) for actions brought by you, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within California; and (b) for actions brought by Bliss, Bliss may bring such actions in the state or federal courts where you are located.
The failure of Bliss to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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.
You may not assign this Terms of Service without the prior written consent of Bliss, but Bliss may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Bliss will not be deemed to be in breach of these Terms of Service or liable for any breach of these Terms of Service or our Privacy Policy due to any event or occurrence beyond Bliss’s reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, disease, epidemic, pandemic, earthquakes or floods, civil disorder, strikes, fire or other disaster.
Privacy of Client Information
Bliss agrees to comply with all applicable federal and state laws and regulations relating to the creation, receipt, maintenance, transmission, use, and disclosure of information that identifies, or could be reasonably used to identify a client. This includes, without limitation and to the extent applicable, (1) the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act, and all implementing regulations (collectively, “HIPAA”), and (2) the Health Breach Notification Rule as set forth at 16 C.F.R. §§ 318.1-318.9.
Telemedicine
Some of our Services may include a tele-health online solution that allows participating medical professionals and health care staff to communicate with their clients, customers and/or clients to provide health care related services online and perform virtual house calls via Internet connection. Bliss is not responsible for internet connectivity or lack thereof or problems or issues related to the use thereof. Bliss is not a medical service provider, health insurance company, nor licensed to sell health insurance. The Services are not intended for use by health care providers and/or clients in connection with active client monitoring so as to allow immediate clinical action or continuous monitoring.
The health care providers who deliver services through Bliss’s Service are independent professionals practicing within a group of independently owned professional practices. Bliss does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession by health car providers, each of whom is responsible for his, her or their services and compliance with the requirements applicable to his/her/their profession and license.
Information provided by health care providers and/or clients is merely transmitted via the Services, not verified or endorsed by Bliss, and is provided on an “as-is” basis and Bliss disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Bliss shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any Service user) in reliance on information about health care providers or clients on the Service.
Your Privacy
At Bliss, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to Bliss’s collection and use of personal data as outlined therein.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may also contact Bliss by email at contact@bliss.me, or by phone at (347) 658-3254.
Questions and Concerns
Please contact Bliss by email at contact@bliss.me, or by phone at (347) 658-3254, report any violations of the Terms of Service or to pose any questions regarding the Terms of Service or the Service.
Last Updated: 09 09, 2024
