Terms of Use

This Privacy Policy (“Privacy Policy”) describes the types of information Resonant Clinic and its affiliates, including Clarke Wellness, (collectively, “Resonant Clinic,” “we,” “our,” or “us”) may collect from you or that you may provide when you visit the websites located at www.resonantmedspa (“Website”) and any affiliated mobile applications (the “Apps”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.  This Privacy Policy is incorporated into our Terms of Use. All capitalized terms used in this Privacy Policy but not defined herein have meanings assigned to them in the Terms of Use.  

Resonant Clinic, Clarke Wellness and their respective affiliates (collectively, “Resonant Clinic,” “RMS”, we ”, “us”, or “our”) own and operate the websites located at www.resonantmedspa (“Websites”) and collectively with any affiliated mobile application (“App”), the “Sites”).  The Sites are intended to facilitate the provision of the Services to registered users.  The “Services” may include (i) providing individuals with information on health care and wellness (“Content”); (ii) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications; (iii) administrative support in connection with scheduling, payment for health care provider services; and (iv) telecommunications support for using the Services.

These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with regard to the Resonant Clinic Sites that you may use to receive Services.  Your access to and use of the Sites is subject to these Terms of Use, our Privacy Policy, as well as all applicable laws and regulations.  In these Terms of Use, the terms “you” and “yours” refer to the person using the Services.  Even though you may have arrived to the Sites through a website or mobile application operated or controlled by a third party, including by an affiliate of RMS, you understand and agree that these Terms of Use are entered into between you and RMS.  If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Sites, Services or any information or Content provided through the Sites or Services. The Sites and Services are continually under development, and Resonant Clinic reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you.  You should check the Terms of Use from time to time when you use the Sites or Services to determine if any changes have been made. Any changes to these Terms of Use are effective upon posting to the Sites. Unless otherwise indicated, any new Content added to the Services is also subject to these Terms of Use upon posting to the Sites. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Sites and/or Services.  Your continued use after a change has been posted constitutes your acceptance of the changes.

AVAILABILITY

Certain of our Services are currently only available to individuals located in certain states (“Currently California only”).

ELIGIBILITY

In order to qualify to use the Services, the following must be true:

You are age 18 or over.

You are located in a State Where We Operate (depending on the type of Services).
You agree to be legally bound by and comply with these Terms of Use.

You understand and agree that satisfying the above requirements does not guarantee that you will receive Services through RMS.  In addition to the above requirements, Resonant Clinic and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

REQUIREMENTS FOR USE

You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Sites.  Fees and charges may apply to your use of the mobile services and to the Internet.

SPECIAL CONSENT TO TELEHEALTH SERVICES

Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location.  Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:

Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
Interactions between a patient and health care provider via audio, video, and/or data communications; and
Use of output data from medical devices, sound, and video files.

The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.

Please see our Consent to Telehealth available on the Sites ro.co/consent-to-telehealth for a description of the risks and benefits of telemedicine.  The Consent to Telehealth is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

PRIVACY POLICY

Resonant Clinic understands the importance of confidentiality and privacy regarding your health information.  Please see: (1) our Privacy Policy for a description of how we may collect and use your personal information.  The Privacy Policy and Resonant Clinic Professionals Notice of Privacy Practices are hereby incorporated into these Terms of Use by reference and constitute a part of these Terms of Use.

SITE CONTENT

None of the Content you receive through the Sites should be considered medical advice.

‘JAILBREAKING’ THE MOBILE OPERATING SYSTEM

The App is intended for use only on a mobile phone that runs an unmodified manufacturer approved operating system.  Using the App on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information from unauthorized or unintended disclosure.  As a result, you may compromise your protected health information if you use the App on a mobile phone that has been modified. Use of the App on a mobile phone with a modified operating system is a material breach of these Terms of Use.

ACCESS RIGHTS AND PROHIBITED USE

Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Sites in the States Where We Operate and to use the Services solely for your personal and non-commercial use and only as permitted under these Terms of Use, the Consent to Telehealth, and the Privacy Policy.  No other right, title, or interest in or to the Sites is transferred to you, and all rights not expressly granted are reserved by Resonant Clinic or its licensors. We reserve the right, in our sole discretion, to deny or suspend use of the Sites or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the Sites or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Sites; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Sites, or any other system, device, or property; (e) access or use the Sites in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Sites, Services or related materials in any way; (g) use or access the Sites to create or develop competing products or services or for any other purpose that is to Ro’s detriment or commercial disadvantage; (h) take any action or use the Sites in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Sites or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Sites or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Resonant Clinic or any of our service providers to protect our Sites; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Sites or any content made available to you on or through our Sites; (l) use any manual process or automated device to monitor or copy any content made available on or through our Sites for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Resonant Clinic or third-party content from the Sites; (n) otherwise use the Sites in any manner that exceeds the scope of use granted above; or (o) encourage or enable any other individual to do any of the foregoing.

OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITES

With the exception of any personal data or information you submit maintained in accordance with our Privacy Policy (which may be governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”) or related state-specific privacy laws and regulations), you understand and agree that any information you provide to Resonant Clinic on or through the Sites or Services, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Resonant Clinic.

Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting.  Resonant Clinic shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Resonant Clinic via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

For any personal data or information subject to the foregoing exception, and to the extent permitted by law, you: (1) understand and agree that any such information provided by you may be used, copied or displayed by Resonant Clinic may create derivative works of any such data, and Resonant Clinic may provide such data to our service providers, our successors and assigns, for maintenance of and/or improving new, current or future features, products and services of Resonant Clinic using such data.

OWNERSHIP OF SITE CONTENT

As between Resonant Clinic and you, Resonant Clinic is the sole and exclusive owner of all right, title and interest in and to the Sites and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you.  You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on our Sites except as generally and ordinarily permitted through the Sites according to these Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Sites or Content shall be owned solely and exclusively by Resonant Clinic or its licensors, including all intellectual property rights therein.  You may not access or use for any commercial purposes any part of the Sites or Content.

TRADEMARKS

Certain names, logos, and other materials displayed in and through the Sites may constitute trademarks, trade names, service marks or logos (“Marks”) of Resonant Clinic or its affiliates.  You are not authorized to use any such Marks without the express written permission of RMS.  Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.

LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES

The Sites may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties.  The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site.  We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.

You may have arrived to the Sites through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of RMS.  You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms of Use will apply to your use of or access to the Sites.

TERMINATION

The Terms of Use will remain in full force and effect as long as you continue to access or use the Sites or Services.  You may terminate the Terms of Use at any time by discontinuing use of the Sites. Your permission to use the Sites automatically terminates if you violate these Terms of Use.

Resonant Clinic may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Sites or Services with or without prior notice, for any reason, and at any time.  The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment.

Subject to applicable law, Resonant Clinic reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Sites pursuant to its internal record retention and/or content destruction policies.  After such termination, Resonant Clinic will have no further obligation to provide the Services, except to the extent an affiliated professional entity is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical and professional obligations to you.  You agree that if your use of the Services is terminated pursuant to these Terms of Use, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold Resonant Clinic harmless from any and all liability that Resonant Clinic may incur therefore.

DISCLAIMER OF WARRANTIES

You expressly agree that use of the sites is at your sole risk. You acknowledge and agree that the sites and any services are provided through the sites on an “as is” and “as available” basis.  Resonant clinic and its affiliates, including without limitation all affiliated professional entities, and their respective officers, directors, managers, partners, members, employees, and agents (collectively “related persons”) make no representations or warranties and expressly disclaim any and all warranties of any kind, whether express or implied, with respect to the sites and services including, but not limited to, any representations or warranties with respect to merchantability, fitness for a particular use or purpose, noninfringement, title, availability, security, operability, condition, quiet enjoyment, value, accuracy of data, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery or system integration.  We make no warranties or representations that your use of the sites or services will not infringe the rights of third parties.

To the fullest extent of applicable law, neither Resonant clinic nor its related persons will be liable for any loss or damage caused by your reliance on information obtained through the sites.  It is your responsibility to evaluate the accuracy, completeness, timeliness, reliability or usefulness of the sites. furthermore, Resonant clinic does not guarantee that the sites will be uninterrupted, or free from error, defect, loss, delay in operation, corruption, cyber attack, viruses, interference, hacking, malware, or other security intrusion, and Resonant clinic disclaims any liability relating thereto.

You understand and agree that any content, material and/or information obtained through the use of the sites are used at your sole risk and that you will be solely responsible for any damage to your computer or mobile phone or loss of data that results from the download of such content, material and/or information.

LIMITATION OF LIABILITY

You understand that to the extent permitted under applicable law and except as set forth in this section, in no event will ro, its related persons or licensors be liable to you or to any party for any claims, liabilities, losses, costs or damages under any legal or equitable theory, whether in tort (including negligence and strict liability), contract, warranty, statute or otherwise, including, but not limited to, any indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use or data, service interruption, computer or mobile phone damage, or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, including death, arising out of or in connection with any access, use of (or inability to use) the sites or any services provided through the sites, or other intangible losses arising out of or related to your use of the sites.  this is true even if Resonant clinic or related persons have been advised of the possibility of such damages or losses.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Resonant clinic, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the Sites in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these Terms of Use.

MODIFICATIONS TO THE SITES

Resonant clinic reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Sites or Services or any portion thereof, with or without notice.  You agree that Resonant clinic shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or Services.

PAYMENT

You agree to pay all fees due for services requested.  You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have.  By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.

You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s).  Your payments to Resonant clinic may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which Resonant clinic collects on their behalf. Any health care services or pharmacy services not made available through the Services are not included in the payments collected by Resonant clinic and you may be separately charged by the applicable health care providers for such services.

SPECIAL NOTICE TO MEDICARE AND MEDICAID BENEFICIARIES

Federal and state health care programs, such as Medicare and Medicaid, do not pay for all health care costs, even for some health care services and products that you or your health care provider have good reason to think you need.  If you are a beneficiary of a federal or state health care program, and such program does not pay for certain services or products rendered to you, you may have to pay for these services and products. As we understand it, neither federal nor state health care programs currently pay for any of the medical services or products made available through the Services performed by affiliated health care organizations or providers, at least not in the way such services or products are provided (i.e., using telemedicine and bundled treatment offerings).  By agreeing to use the Services, you acknowledge and agree that: (1) you will pay directly for any medical services and products provided to you, and (2) neither Resonant clinic nor any Resonant clinic affiliated health care organization or provider will bill any federal or state health care program for such medical services or products. We strive for transparency in the costs for any medical services and products that you may obtain through the Services, and, as such, you can find specific pricing information at ro.co/pricing.

GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE; SEVERABILITY OF PROVISIONS

Please read this section carefully because it requires you and resonant clinic to resolve all disputes between us through binding individual arbitration and limits the manner in which you can seek relief from RO

These Terms of Use and your use of the Sites shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws.  Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Orange County, California under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction.  The parties agree that the courts located in Orange County, California shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.

All parts of these Terms of Use apply to the maximum extent permitted by law.  Resonant Clinic and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law.  The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

NO WAIVER

No waiver by Resonant clinic of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Resonant clinic to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

NO AGENCY RELATIONSHIP

Neither these Terms of Use, nor any Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you.  You may not enter into any contract on our behalf or bind us in any way.

REMEDIES

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm.  You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

ASSIGNMENT

You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void.  

DIGITAL MILLENNIUM COPYRIGHT ACT

Resonant Clinic reserves the right to remove any content or any other material or information available on or through our Sites, at any time, for any reason. Resonant Clinic otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with RMS.

Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our Designated Agent at the following address:

[email protected]

Any notification to Resonant Clinic under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;

An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
An identification of the content or material that you claim is infringing and where it is located on our Sites;
Information sufficient for Resonant Clinic to contact you, such as your address, telephone number, and/or email address;
A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf