These statements have not been evaluated by the F.D.A. This promotion and facility is not offering any medical procedures or services, nor does it elude to diagnose, treat, cure, prevent any disease or make any medical claims. It does do not supplant competent medical care, nor does it dissuade anyone from seeking competent medical attention for any injury, illness or other physical condition. Patients are encouraged to seek advice from their primary care physician before beginning any new exercise, dietary or nutritional program. The patient and any other person responsible for payment has the right to refuse to pay, cancel payment or be reimbursed for payment for any other service, examination or treatment which is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted or reduced fee services, examination or treatment. Non-Patients wishing to make purchases must agree to becoming a General Nutrition Patient of the Natural Spa, no fee required.
CONDITIONS OF USE
NATURAL HEALTH SPA TERMS
Effective January 1, 2018.
Natural Health Spas, Inc. (with its affiliates, “Natural Health Spa,” “we,” “our,” or “us”) distributes and sells products, and provides products and services to you when you visit or shop on our websites or at our stores, use our mobile applications, or use software we provide in connection with any of the foregoing (collectively, the “Service”). These Service Terms (as they may be changed over time, the “Terms”) govern your use of the Service. By using the Service you accept the Terms, so read them all carefully. If you do not agree, do not use the Service and uninstall our applications.
In some instances, both the Terms and separate terms will apply to your use of the Service (“Additional Terms”), and will become part of the Terms. To the extent there is a conflict between Additional Terms and any other Terms, the Additional Terms will control unless they expressly state otherwise.
Diet and Health Release
Because some of the information on the Service may relate to modifications to your diet, you agree to use your good judgment and reasonable care, including seeking counsel from your healthcare providers, prior to making any changes to your diet or lifestyle. No information on the Service is intended as medical or healthcare information or advice. Please consult your healthcare professional(s) regarding all matters related to your diet and health, including without limitation herbal and nutritional products. You agree not to rely on any information on the Service to make health-related decisions.
Notice and Procedure for Making Claims of Intellectual Property Infringement
If you believe that your intellectual property rights have been infringed, you may submit a written claim to our Copyright Agent at:
Natural Health Spa, Inc.
2547 Countryside Blvd Ste. #5
Clearwater, FL 33755
or, by email to email@example.com
Written claims concerning copyright infringement must include the following information:
· A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on the site;
· Your address, telephone number, and e-mail address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed upon.
Disputes: Arbitration, No Class Action, Jury Waiver
Any dispute or claim relating in any way to these Terms or your use of the Service, or to any products or services sold or distributed by us will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Service Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Lori Puskar, 2547 Countryside Blvd Ste. #, Clearwater, FL 33755. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
How to Serve a Subpoena or Other Legal Process
Natural Health Spa accepts service of subpoenas or other legal process only through our national registered agent, Lori Puskar. Subpoenas or other legal process may be served by sending them to the appropriate office. If you do not know the appropriate office, please contact the office of your Secretary of State.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information and IP address and complete time stamps.
Contacting Us and Customer Service
If you have any concerns about Natural Health Spa or your use of the Service, please contact us at:
Natural Health Spa, LLC
2547 Countryside Blvd Ste. #5
Clearwater, FL 33761
(Attention: Legal Counsel)
The Natural Health Spa is dedicated to ensuring the privacy of your protected health information (PHI). The The Natural Health Spa is required by law to provide you with this Notice of privacy practices, and to inform you of your rights, and our obligations, concerning your PHI. We are required to follow the privacy practices described below while this Notice is in effect. The terms of this Notice apply to the following entities owned and operated by The Natural Health Spa which will be referred to in this Notice as the Center’s healthcare facilities.
Uses and Disclosures of Your PHI
We may disclose your PHI to another Center healthcare facility and/or healthcare provider, transport company, community agency, family member or other third party to provide and/or coordinate health care services and treatments.
We may use and/or disclose your PHI to bill and obtain payment for treatment and/or services you receive at the Center’s healthcare facilities.
Health Care Operations
We may use and disclose your PHI in connection with our healthcare operations. Healthcare operations include, but are not limited to; clinical education, quality assessment and improvement activities, reviewing the competence or qualifications of healthcare professionals, evaluating practitioner and provider performance.
We may disclose your PHI to businesses performing services for the Center such as processing claims, data analysis, billing, benefit management, practice management, re-pricing and legal assistance. We will have a written contract in place with the business associate requiring protection of the privacy and security of your health information.
We may contact you to remind you that you have an appointment at one of the Center’s healthcare facilities.
Individuals Involved in Your Care or Payment
Unless there is a specific request made to and agreed to by the Privacy Officer at your location/facility, we may disclose PHI to a person who is involved in your health care or helps pay for your care, such as a family member or friend to facilitate that person’s involvement in caring for you or in payment for your care.
Disaster Relief Efforts
We may disclose your PHI to an entity assisting in a disaster relief effort so your family can be notified about your condition, status and location.
The Center is committed to researching and advancing knowledge in the field of chiropractic. Research studies involving PHI and conducted at or by the Center must be approved through a special review process to protect patient safety, welfare and confidentiality. Disclosure of your PHI for research purposes will not occur without your consent.
As required by law
We will disclose health information about you when required to do so by federal or state law.
To Avert a Serious Threat to Health or Safety
We may use and disclose your PHI when necessary to prevent or lessen serious and imminent threat to your health and safety or the health and safety of the public or another person. Any disclosure would be to someone able to help stop or reduce the threat.
Public Health Purposes
We may use or disclose your PHI when we are required to do so by law, for public health reasons, including, but not limited to:
Reporting certain communicable diseases to health officials;
Reporting child abuse or neglect;
Reporting elder abuse, neglect or exploitation.
Lawsuits and Other Legal actions
We may disclose PHI in response to judicial proceedings and law enforcement inquiries as permitted by law. We may also disclose PHI in response to a subpoena, discovery request, warrant, summons or other lawful process.
We may disclose PHI as necessary for workers' compensation or similar programs that provide benefits for work-related injuries or illness, as authorized or required by law.
We may disclose PHI to governmental, licensing, auditing and accrediting agencies as authorized or required by law.
If you are an organ donor, we may disclose your PHI to organizations involved in procuring, banking, or transplanting organs and tissues.
Military and Veterans
If you are or were a member of the armed forces, we may release PHI about you to military command authorities as authorized or required by law.
National Security, Intelligence Activities and Protected Services
Under certain circumstances we may disclose PHI to military authorities and to authorized federal official’s PHI required for lawful intelligence, counterintelligence, and other national security activities.
Special Protections for HIV, Alcohol and Substance Abuse, Mental Health and Genetic Information
Special privacy protections apply to HIV-related information, alcohol and substance abuse treatment information, mental PHI, and genetic information. This means that parts of this Notice may not apply to these types of information because stricter privacy requirements may apply. If your treatment involves this information, you may contact the Privacy Officer at your location/ facility to ask about special protections.
Under certain circumstances we may disclose PHI relating to inmates or patients to correctional institutions or law enforcement personnel having lawful custody of those individuals.
Other Uses of PHI
Other uses and disclosures of PHI not covered by this Notice or that laws what apply to us will be made only with your written authorization
Your Rights - Access to your PHI
You have the right to access, inspect, and/or receive paper and/or electronic copies of the PHI that we maintain about you, with limited exceptions. The Center provides to an individual, upon written request, access within 30 calendar days of the day the Center receives a request, to inspect and/or copy their PHI
If you request paper copies, we will charge you our standard copying fee for each page, and postage if you want the copies mailed to you. If you request an alternative format, we will charge a reasonable cost-based fee for providing your PHI in that format. If you prefer, we will prepare a summary or an explanation of your PHI for a fee.
Contact us using the information listed at the end of this Notice if you are interested in receiving a summary of your information instead of copies.
Restrictions on Use and Disclosure of Your PHI
You have the right to request that we place additional restrictions on our use or disclosure of your PHI for treatment, payment and healthcare operations purposes. Depending on the circumstances of your request we may, or may not agree to those restrictions. If we do agree to your requested restrictions we must abide by those restrictions, except in emergency treatment scenarios.
Amendments to your Records
You have the right to request that we amend your PHI. Such requests must be made in writing, and must explain why the information should be amended. We are not obligated to make all requested amendments but will give each request careful consideration. All amendment requests, in order to be considered by us, must be in writing and signed by you or your representative, and must state the reasons for the amendment’ correction request. If an amendment or correction you request is made by us, we may also notify others who work with us and have copies of the uncorrected record if we believe that such notification is necessary. Please note that even if we accept your request, we may not delete any information already documented in your health records.
Contact us using the information listed at the end of this Notice if you are interested in receiving a summary of your information instead of copies.
Accounting of Disclosures
Upon written request, you have the right to receive a list of instances in which we or our business associates disclosed your PHI for purposes, other than treatment, payment, healthcare operations and other activities authorized by you, for the last 6 years. If you request this accounting more than once in a 12-month period, we may charge you a reasonable, cost-based fee for responding to these additional requests.
You have the right to request that we communicate with you about your PHI by alternative means or to alternative locations (e.g., at your place of business rather than at your home). Such requests must be made in writing, must specify the alternative means or location, and must provide a satisfactory explanation how communication should be handled under the alternative means or location you request.
Changes to this Notice
We reserve the right to change this Notice and the privacy practices described below at any time in accordance with applicable law. Prior to making significant changes to our privacy practices, we will alter this Notice to reflect the changes, and make the revised Notice available to you on request. Any changes we make to our privacy practices and/or this Notice may be applicable to PHI created or received by us prior to the date of the changes.
If you are concerned that we may have violated your privacy rights, or you disagree with a decision we made or any decisions we may make regarding the use, disclosure, or access to your health information you may make a formal compliant in writing to the Compliance Office and/or the Privacy Officer at your location/ facility listed below. You also may submit a written complaint to the U.S. Department of Health and Human Services in Washington D.C. All complaints must be made in writing and in no way will affect the quality of care you receive at the Center’s healthcare facilities.
We are required to notify you in writing of any breach of your secured PHI as soon as possible, but in any event, no later than 60 days after we discover it.
Paper Copy of this Notice
You have the right to a paper copy of this Notice. You may ask use to give you a copy of this Notice at any time. Even if you receive this Notice electronically, you are still entitled to a paper copy.
The Center will identify and evaluate the likelihood and consequences of threats to the security of Protected Health Information and implement reasonable and appropriate measures to safeguard the confidentiality, availability, and integrity of that information. The Natural Health Spa will adopt and implement HIPAA security practices outlined in the approved HIPAA Security Procedures.
This policy applies to all members of The Natural Health Spa workforce, along with all independent contractors who provide services that require access to clinic buildings or The Natural Health Spa computer network. They will be required to adhere to the policies and procedures in the HIPAA Security Procedures, as well as any procedures established to support this policy.
The Natural Health Spa will safeguard information in a manner consistent with applicable requirements of federal, state and local law and regulations, including the final rule governing the security of health information systems enacted by the Department of Health and Human Services as required by HIPAA.
Any communication received may contain CONFIDENTIAL information, including PROTECTED HEALTH INFORMATION. In keeping with HIPPA, if you are not the intended recipient, any use or disclosure of this information is STRICTLY PROHIBITED; you are required to delete the communication and any attachments and notify the sender immediately.
While we carry Standard Process, Systemic Formulas, Energetix, MarcoPharma, and a variety of other products, neither Dr. Lori Puskar nor any third party associated with, related to, or linked to The Natural Health Spa's business or website is in any way affiliated with any aforementioned company. These companies also expressly disclaim any responsibility for, and make no representations or warranties regarding, any statement, information, materials, or content found on or included in Dr. Lori's Puskar's marketing materials/website, or any third party marketing materials/websites related to, associated with or linked to Natural health Spa's business or website. All products sold are dietary supplements and not intended to diagnose, treat, cure, or prevent any disease.