This Agreement was last revised on May 14, 2021.
1. Use of Our Service.
- Overview. The Service is a place that offers health information, is for informational purposes, and enables consumers to learn about bunions, hammer toe, and other foot-related conditions and various treatment options for such conditions offered by the medical team at Blitz Medical at the offices of Blitz Footcare CA and GSC in California and Blitz Footcare NY in New York. By enabling Users to find, view, and learn about our medical offerings, Blitz Medical’s goal is to provide information for current, past, and prospective patients.
Blitz Medical grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; (iii) you acknowledge, accept and agree that there are certain health and safety risks involved in electing to participating in our surgical offerings, and that the results achieved by Blitz Medical with its prior patients are representative and may not be achieved with your particular condition, and (iv) you will otherwise comply with the terms and conditions of this Agreement.
- Eligibility. Use of the Service is void where prohibited. This Service is intended solely for Users who are sixteen (16) years of age or older, and any use or access to the Service by anyone under 16 is unauthorized, unlicensed, and in violation of this Agreement. Blitz Medical may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 16. If you are over 16 years of age and under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT FOR YOUR CHILD WHO IS 16 YEARS OF AGE OR OLDER TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO, THROUGH, AND IN CONNECTION WITH SUCH USE BY YOUR CHILD.
2. Term and Termination.
Blitz Medical may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in Blitz Medical’s sole determination, you violate any of terms of this Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service, including, but not limited to, registering for the Service with an email address that is not rightfully yours.
3. Communications and Notifications.
- Information Submission Requirements. If you elect to contact us, you must provide accurate and complete information. You may not create a submission or appointment for anyone other than yourself (unless you are doing so as a parent or legal guardian for a minor child) or provide an email address other than your own. Additionally, you may not impersonate someone else (e.g., adopt the identity of a co-worker). Although Blitz Medical will not be liable for your losses caused by any unauthorized use of your email address or other identifying information by others who submit such information to us, you shall be liable for the losses of Blitz Medical or others due to such unauthorized use by you.
- Notices; Opt-Outs. By providing Blitz Medical with your email address, you consent to our use of the email address to send you Service-related notices, including, among other things, notices required by law, in lieu of postal mail. We may also use your email address to send you other messages, including changes to Blitz Medical features, marketing messages, and special offers. If you do not want to receive such email messages, you may opt out by clicking on the “unsubscribe” link at the bottom of the email, sending us an email at [email protected] or by sending mail to the following postal address:
435 N. Roxbury Drive, Penthouse
Beverly Hills, CA 90210
Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
4. Usage Permissions and Restrictions.
- Personal Use. The Services are for the personal use of Users only.
- Non-Commercial Use. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or expressly approved in writing by Blitz Medical.
- Restrictions. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the Blitz Medical servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. Illegal and/or unauthorized use of the Blitz Medical Service, including collecting and/or harvesting personally identifiable information, including usernames and/or email addresses of Members, by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the website is prohibited. You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages. Appropriate legal action will be taken for any illegal or unauthorized use of the Service.
5. License Grant.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Blitz Medical reserves all rights not expressly granted herein in the Service and the Content (as defined below). Blitz Medical may terminate this license at any time for any reason or no reason.
6. Proprietary Rights.
- Intellectual Property Rights. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- Content. Except for your User Content, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Blitz Medical, any entity controlling, controlled by, or under common control with a Blitz Medical Entity (its “Affiliates”) and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
- Ideas and Comments. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Blitz Medical under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Blitz Medical does not waive any rights to use similar or related ideas previously known to Blitz Medical and/or its Affiliates, or developed by its employees and/or the employees of its Affiliates, or obtained from sources other than you.
- Trademarks. “Blitz Footcare”, “Bunionplasty”, “Dr. Blitz”, “The Bunion King”, “Glamour Toe Procedure”, and other Service graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Blitz Medical and/or their licensors and Affiliates. Blitz Medical’s trademarks and trade dress, and those of each Affiliate, may not be used in connection with any product or service that is not Blitz Medical’s or an Affiliate’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Blitz Medical and/or its Affiliates. All other trademarks not owned by Blitz Medical or its Affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Blitz Medical.
7. User Content and User Content Responsibility.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined above), rights of publicity and privacy. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
- Responsibility for User Content. Blitz Medical and its Affiliates take no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. In the event that you elect to download User Content, Blitz Medical recommends that you only download or access files from a trusted source and implement security measures to scan downloaded files for contaminants. Blitz Medical and its Affiliates disclaim any responsibility or liability relating to your access to or downloading of User Content. Blitz Medical and its Affiliates is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Blitz Medical and its Affiliates shall not be liable for any damages you allege to incur as a result of such User Content.
- Additional Representations and Warranties. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following: (i) You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; and (ii) Your User Content and Blitz Medical’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
8. Information Purpose.
- No Reliance; Not Medical Advice. The Service, and the Content therein, is for informational purposes only. This site is meant to be used as a means to learn about podiatry, foot conditions and symptoms, as an overview of our treatment offerings available at our locations in New York City, New York and Beverly Hills, California, each and all of which may or may not be suitable for you. In no way should the Content contained in the Service be relied upon, or be a substitute for, professional medical advice, diagnosis, or treatment, and is not intended to replace the relationship between you and your medical provider. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or change in health. Never disregard professional medical advice or delay in seeking it because of something you have read or viewed on or through theBlitz Medical Service! All Content is subject to modification, change and/or being withdrawn at any time in the sole discretion of Blitz Medical and its Affiliates. Instructions or guidance provided on our Service is not a substitute for listening to your own body. Reliance on any information provided by any Blitz Medical Entity, any of its Affiliates, the officers, directors, employees of each, others appearing on the Service at the invitation of any Blitz Medical Entity and/or its Affiliates, or other visitors to the Service is solely at your own risk and is not medical or healthcare advice. No doctor-patient relationship is established by your use of the Service or your interactions or communications with any Blitz Medical and/or Affiliate personnel via the Service.
You should always consult your physician before treating a potential medical condition, or if you have any questions regarding any symptoms you may have. You should consult with your physician before following any instructions you receive through the Service. Not all activities, treatments, and/or procedures described on the Service are suitable for everyone. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
- Facility Descriptions. All descriptions of buildings, facilities, or improvements are for illustrative purposes only. Each of our medical offices has different features.
- Depictions. The photographs contained in this website may be stock photography or may have been taken off-site from our facilities. Such photographs are used in this website to depict the services and offerings of Blitz Medical and its Affiliates, and are merely intended as illustrations of the activities and concepts depicted therein.
- Patient Testimonials. Patient testimonials that may appear on the Service are representative in nature. Past performance is not indicative of results you may experience if you elect to pursue treatment for your condition with Blitz Medical and its Affiliates. You should not rely on such testimonials, as they are illustrative. Every individual experience is unique.
- Procedure Photographs. The Service may contain photographs showing before-and-after photographs of various foot conditions treated by Blitz Medical and its Affiliates. Such photographs are representative in nature. Past performance is not indicative of results you may experience if you elect to pursue treatment for your condition with Blitz Medical and its Affiliates. You should not rely on such photographs, as they are illustrative. Every individual experience is unique.
- Initial Consultations. The Service enables Users to schedule initial consultations with Blitz Medical and Affiliate personnel, which are customarily conducted by phone or video chat. The scheduling of such consultations does not create a doctor-patient relationship between you and Blitz Medical and its Affiliates. While such consultations are not conducted on the Service, such initial introductory meetings are informational and exploratory in form and substance. If a User chooses to participate in a consultation, following such meeting Users can then elect whether or not to proceed with an official in-person visit to one of our medical facilities for a medical appointment and complete all requisite documentation which we require to commence medical services and treatment, none of which occurs on the Service.
9. DMCA Copyright Policy.
You may not post, modify, distribute, or reproduce in any way, any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Blitz Medical and its Affiliates to terminate access privileges to our Service of any User who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Blitz Medical by the copyright owner or the copyright owner’s legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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 authorized to act on the copyright owner’s behalf.
Please provide this information to:
Copyright Notices – Blitz Medical
435 N. Roxbury Drive, Penthouse
Beverly Hills, CA 90210
Email: [email protected]
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Blitz Medical and its Affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Blitz Medical’s rights and obligations under the Digital Millennium Copyright Act (“DMCA”), including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Blitz Medical has adopted a policy of terminating, in appropriate circumstances and at Blitz Medical’s sole discretion, Users who are deemed to be repeat infringers. Blitz Medical may also, at its sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice to Blitz Medical’s copyright agent containing the following information: (i) your physical or electronic signature; (ii) identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notice of the alleged infringement.
If a counter-notice is received by Blitz Medical’s copyright agent, Blitz Medical may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider, Member, or User, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in Blitz Medical’s sole discretion.
10. Mobile Use.
Blitz Medical makes available a version of its Service for use with mobile devices (the “Blitz Medical Application”). You acknowledge that certain services, such as offers, location-based services, and service-related information, may be provided from time to time in the form of text (SMS) messages delivered to your registered mobile device instead of directly through the Application. By registering your mobile device or providing us with your mobile phone number, you agree to receive such SMS-based communications to the mobile number associated with your registered mobile device. To opt-out of receiving these SMS-based communications, follow the instructions in the body of the SMS message. In the event you elect to opt-out of such SMS-based communications, you may receive an additional message from the Service confirming your election. Blitz Medical does not warrant that the text messaging service will be uninterrupted or error free.
Though you may access the Service via a mobile device, Blitz Medical and its Affiliates shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of Blitz Medical and its Affiliates such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.
Blitz Medical has implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.
13. Third-Party Websites, Advertisers or Services.
Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Blitz Medical and its Affiliates shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless Blitz Medical, its Affiliates, each of their subsidiaries, , and the employees, contractors, agents, officers and directors of each, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of your User Content or any information that is submitted by you or via your account; (vi) any claim or penalty from a taxing authority related to your activities on the Service; or (vii) any other party’s access and use of the Service with your personal information.
15. No Warranty.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BLITZ MEDICAL, ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
BLITZ MEDICAL AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THEBLITZ MEDICAL SERVICE AND BLITZ MEDICAL AND ITS AFFILIATES WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
16. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLITZ MEDICAL, ITS AFFILIATES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS OF EACH BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. BLITZ MEDICAL AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL BLITZ MEDICAL AND ITS AFFILIATES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLITZ MEDICAL AND ITS AFFILIATES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, INCLUDING DEATH, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, INCLUDING VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE SERVICE, OR OTHERWISE IN CONNECTION WITH THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY AND ALL RISKS AND RESPONSIBILITY OF INJURY, PHYSICAL HARM OR DEATH ARISING IN CONNECTION WITH ANY EQUIPMENT UTILIZED TO ACCESS THE SERVICE. IN NO EVENT SHALL BLITZ MEDICAL, ITS AFFILIATES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS OF EACH BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BLITZ MEDICAL AND ITS AFFILIATES HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BLITZ MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
A. Informal Resolution. If a dispute arises between You and any Blitz Medical Entity and or Affiliate thereof (collectively “Blitz Entities”), you agree to first provide Blitz Entities with notice of your complaint via email to [email protected] so that the parties may attempt to resolve the dispute informally within sixty (60) days from the date your complaint is received.
C. Arbitration Agreement.
- Arbitration. With the exception of class actions, small claims court filings, or actions for preliminary injunctive relief (as further discussed below), any other dispute of any kind between you and Blitz Entities arising under this Agreement or in connection with your use of the Service (“Dispute(s)”), if unresolved through the informal process outlined above, will be resolved by binding arbitration in Los Angeles County, California. If you are an individual consumer using the Service primarily for personal reasons (“Individual Consumer”), as opposed to an individual accessing the Service for business purposes, and you are located within the United States, you may alternatively select your state of residence as the place of arbitration, but all other actions remain subject to the venue and choice of law provisions in Section 17.B.
The arbitrator presiding over a Dispute will be a retired judge or justice of any state or federal court with substantial experience in the subject matter relevant to the matter in dispute and will follow California law, exclusive of conflict or choice of law rules, in adjudicating the dispute. BY AGREEING TO ARBITRATE, YOU WAIVE ANY RIGHT YOU HAVE TO A COURT OR JURY TRIAL.
The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act.
The parties agree that the arbitrator presiding over a Dispute will be instructed, whenever practicable, to resolve threshold legal issues by way of motions filed by the parties. The parties also agree that they will follow JAMS’ streamlined arbitration rules and procedures then in effect in arbitrating any Dispute, except to the extent that the JAMS rules are inconsistent with this Section 17.C including the class action waiver described below. The JAMS rules are available at www.jamsadr.com.
Both parties reserve the right to seek a preliminary injunction or temporary restraining order from a federal or state court located in Los Angeles County, California. However, after such request for relief has been adjudicated by such court, the remainder of the Dispute will be resolved by binding arbitration as set forth herein.
- Opt-Out. IF YOU ARE A NEW USER OF THE SERVICE, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO [email protected] (“OPT-OUT NOTICE”) OR VIA U.S. MAIL TO: Blitz Medical, Attn: Arbitration Opt-Out, 435 N. Roxbury Drive, Penthouse, Beverly Hills, CA 90210. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW USER OF THE SERVICE, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
18. Availability and Use Outside of the United States.
The Service is controlled, offered and operated from facilities in the United States. Blitz Medical and its Affiliates make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals located in the United States. Notwithstanding the foregoing, Blitz Medical and its Affiliates retain all rights, including all Intellectual Property Rights, to the Service and the Content therein, throughout the world.
19. Notification Procedures.
Blitz Medical and its Affiliates may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Blitz Medical and its Affiliates in our sole discretion. Blitz Medical and its Affiliates reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
20. Notice to California Users.
Under California Civil Code Section 1789.3, California website users 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 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
- A. Entire Agreement. This Agreement, together with any other legal notices and agreements published by Blitz Medical and its Affiliates via the Service, shall constitute the entire agreement between you, Blitz Medical and its Affiliates concerning the Service.
- B. No Waiver. Blitz Medical’s and/or its Affiliates failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
- C. Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- D. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Blitz Medical and/or its Affiliates without restriction.
- E. Severability. If any provision of this Agreement is unlawful, void or unenforceable by a court of competent jurisdiction, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding this Agreement, please contact us at [email protected].