1. Privacy Integration & Data Consent
We value your privacy. Omni Acupuncture will never intentionally sell or share your personally identifying information with third parties for marketing purposes. We will only disclose your data if we believe in good faith that it is legally required to comply with a judicial proceeding, respond to a subpoena, or protect our website’s security and operational rules. By continuing to browse and use this Site, you agree to the practices outlined in our separate Privacy Policy. If you do not agree with our privacy practices, please do not use this website.
2. Electronic Communications Consent
By registering an account, submitting a contact form, or signing up on our Site, you explicitly agree to receive all disclosures, legal agreements, company announcements, scheduling alerts, and promotional updates from Omni Acupuncture digitally. We will send these notices directly to the email address you provide. You agree that receiving these electronic communications fully satisfies any legal or contractual requirement that such communications be in writing via physical mail.
3. SYSTEM SECURITY & DATA RISK DISCLAIMER
At Omni Acupuncture, we take data protection seriously and use standard commercial security measures to restrict unauthorized access to our systems, data, and files. However, you acknowledge that no digital platform—whether password-protected, firewalled, or encrypted—can be guaranteed to be entirely impenetrable or immune to cyber threats. By using this website, you accept that it may be possible for an unauthorized third party to breach our safeguards to access, view, copy, modify, or distribute the data and files you store or transmit using the Site. Consequently, your use of the Site and the storage or transmission of any personal data therein is conducted completely at your own risk.
4. Intellectual Property & Copyright License
Everything displayed on this Site—including text, articles, videos, graphics, photos, data, sound recordings, brand layouts, and the overall design (collectively referred to as "Content")—is the exclusive property of Omni Acupuncture or our third-party provider networks. This Content is protected by United States and international copyright, trademark, and intellectual property laws.
Limited License: We grant you a personal, non-exclusive, non-transferable, and revocable license to access and view the Site strictly for your personal, non-commercial information. You do not acquire any ownership rights to any Content you access on this Site.
Prohibited Uses: You may not copy, reproduce, republish, upload, post, transmit, distribute, modify, or use any of our Content for public or commercial purposes without explicit, prior written permission from Omni Acupuncture. Doing so directly violates our legal rights and may result in immediate access termination, financial penalties, or legal action.
5. Trademarks & DMCA Takedown Policy
The name “Omni Acupuncture”, along with all corporate logos, trade names, custom brand images, and staff biographies displayed on this Site, belong directly to the Company or are used with permission. You are strictly prohibited from using our brand elements or trademarks without our express written consent.
Copyright Infringement Claims (DMCA): We respect the creative work of others and reserve the right to remove any content or delete user accounts that we believe violate someone else's intellectual property rights. If you believe that your copyrighted work or trademark has been copied onto our website without your permission, please notify us immediately.
To help us address the issue quickly, please provide:
Your complete contact details (name, phone, email).
A detailed description of the copyrighted work or trademark in question.
Official intellectual property registration details (if any).
The exact web page link (URL) where you found the alleged infringement.
6. User Submissions & Feedback
Any comments, suggestions, ideas, or materials you send to the Company—including, but not limited to, feedback, text, images, blog designs, programs, or artwork (collectively, "Submissions")—shall immediately become and remain the sole and exclusive property of the Company.
No Confidentiality: No Submission shall be subject to any obligation of confidentiality on the part of Omni Acupuncture, and the Company shall not be liable for any use or disclosure of any Submission.
Global Rights: The Company shall exclusively own all known and hereafter existing rights to the Submissions worldwide, including all intellectual property rights thereto.
Unrestricted Use: Omni Acupuncture is entitled to the unrestricted use, publication, modification, and dissemination of all Submissions for any purpose whatsoever, commercial or otherwise, without any acknowledgment, credit, or financial compensation to you.
7. Errors & Omissions
We do our best to ensure all information on this website is accurate, complete, and up to date. However, Omni Acupuncture makes no guarantees or warranties regarding the accuracy, completeness, or timeliness of the Site's content. The Company assumes no liability or responsibility for any accidental errors, typos, pricing glitches, or omissions found on this website.
8. COMPREHENSIVE WARRANTIES & LIMITATION OF LIABILITY
"As Is" Website Status: Everything on this website is provided to you “as is” and “as available” without any guarantees or warranties of any kind, either express or implied. To the fullest extent permissible by law, Omni Acupuncture disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Content and Accuracy: The Company does not warrant or make any representations regarding the use of the materials on the Site, the results of using such materials, or the suitability of these materials for any user’s specific needs. We make no guarantees that the Content will meet your expectations or be entirely correct, accurate, reliable, or free from human error.
No Technical Guarantees: We do not guarantee that our website will run uninterrupted, stay secure, or be completely free of digital bugs, malware, or viruses.
Device Maintenance Costs: By browsing this Site, you accept all responsibility and financial cost for any necessary servicing, repairs, or corrections your computer, phone, or tablet might need as a result of digital transmission.
Third-Party Disclaimers: The Company shall not be held responsible for performance or service disruptions caused by any third-party website or third-party service provider (such as scheduling software or payment processors). Any such problems shall be governed solely by the independent agreement between you and that specific provider.
Exclusion of Damages:
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL OMNI ACUPUNCTURE, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES THAT RESULT FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE.
Please note: Some jurisdictions do not allow the exclusion of certain implied warranties or the limitation of liability for incidental or consequential damages, meaning some of the above limitations may not apply to you.
9. Third-Party Disclaimers, Account Termination, and Refund Policy
Third-Party Service Interruptions: Omni Acupuncture (the “Company”) shall not be responsible for any performance issues, service disruptions, or malfunctions caused by third-party websites or service providers. This includes, but is not limited to, your internet service provider, Stripe payment processing services, or your personal device software and its associated updates. Any such issues are governed solely by the independent agreement between you and that specific provider. The Company reserves the right to determine, in its sole discretion, whether it bears any responsibility for a digital malfunction or disruption.
Account Termination and Access Restrictions: The Company reserves the right to limit your use of the Site and/or Content, or to terminate your account entirely, if we determine, in our sole discretion, that you have violated these Terms of Use or any other conditions established by the clinic. Furthermore, the Company reserves the right to refuse access to the Site, Content, products, or services to anyone at any time, in its sole discretion.
Forty-Five Day Refund Rule: If you are unhappy with a purchase or service on our Site, the Company may issue a full or partial refund at our sole discretion, strictly consistent with our established refund policy. THE COMPANY SHALL REFUSE ANY REFUND REQUESTS SUBMITTED FORTY-FIVE (45) DAYS OR MORE AFTER YOUR ORIGINAL PAYMENT for the use of the Site and/or Content, whether pursuant to an individual transaction, an ongoing billing arrangement, the Company's Customer License Agreement, or otherwise.
10. INDEMNIFICATION & COMPREHENSIVE LIMITATION OF DAMAGES
To the maximum extent permitted by law, Omni Acupuncture, the "Company" is not responsible or liable for any indirect, special, incidental, or consequential losses resulting from your use of (or inability to use) our website or services. This limitation applies regardless of the legal theory used to bring the claim—whether based on breach of contract, negligence, tort, strict liability, or any other cause of action—even if Omni Acupuncture has been explicitly advised, was aware, or should have known of the possibility of such damages.
Without limiting the protections above, this exclusion explicitly prevents you from recovering damages for:
Business & Financial Losses: Loss of clinic or business profits, revenue, commercial goodwill, or costs tied to capital.
Data & Equipment Damage: Damage to or loss of physical property, personal electronic equipment, or the corruption, destruction, and loss of information, data, and system files.
Technical & System Failures: Website bugs, server downtime, transmission errors, or a temporary or permanent inability to access our online services.
Procurement Costs: The cost of securing replacement or backup web services, software, or alternative channels resulting from a site malfunction.
THIS LIMITATION SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF OMNI ACUPUNCTURE HAS BEEN ADVISED, IS AWARE OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification (Hold Harmless)
You agree to indemnify, defend, and hold harmless Omni Acupuncture, along with its directors, officers, employees, and agents, from any liabilities, claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:
Your breach of this Agreement;
Your violation of any applicable law or the rights of any third party;
Any content (materials, information, or media) that you post, upload, or share on or through the website;
Your use of the website or any online services provided by the Company; and
Your conduct in connection with the website, our services, or other users of the site.
Omni Acupuncture reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you agree to fully cooperate with the Company’s defense as reasonably requested.
12. Third-Party Beneficiaries
The provisions, protections, and rights outlined in these Terms of Use are for the direct benefit of Omni Acupuncture, as well as its subsidiaries, affiliates, third-party content providers, and licensors. Each of these individuals and entities has the explicit right to hold you accountable to these terms and enforce these provisions directly on their own behalf.
13. Governing Law, Jurisdiction, & Severability
Governing Law & Courts: These Terms of Use are governed by and construed under the laws of the State of Florida, excluding its conflict of laws rules. You agree that the state and federal courts sitting in Florida hold exclusive jurisdiction over any legal claims, and you waive any objections or defenses regarding an inconvenient forum or lack of personal jurisdiction in these courts.
Severability: If any portion of these terms is deemed unlawful, void, or unenforceable by a court of competent jurisdiction, that specific portion will be separated (severed) from this agreement. All remaining provisions will continue to be fully valid, active, and enforceable.
Third-Party Enforcement: These terms directly benefit Omni Acupuncture, its affiliates, subsidiaries, content providers, and licensors. Each of these entities retains the right to directly enforce these provisions against you on its own behalf.
14. Modifications & Revisions to These Terms
Omni Acupuncture reserves the right to revise, update, or change these Terms of Use at any time by posting the amended version on this page. All changes are effective immediately when we post them.
You are legally bound by any such revisions. Therefore, you should periodically visit this page to review the current Terms of Use to which you are bound. Your continued use of the website following the posting of changes means that you accept and agree to the revisions.