Thank you for your interest in visiting www.newbloomderm.com (the “Website”), which is operated by New Bloom Dermatology, PLLC (“New Bloom Dermatology”, the “Practice”, “we”, “us”, or “our”). We offer this Website to you conditioned upon your acceptance without modification of these Terms of Service (“Terms”) and the conditions and notices contained herein.
By accessing, browsing, or using any part of the Website, you understand and agree to be bound by these Terms, including the dispute resolution provisions detailed below. If you do not agree to these Terms, you are prohibited from using this Website and must discontinue use immediately.
These Terms govern your use of the Website and the services offered through it, such as educational resources, newsletter subscriptions, contact forms, and patient resources (collectively, the “Services”).
For the avoidance of doubt, these Terms do not govern or provide clinical services (e.g., diagnoses, treatment, procedures, prescriptions) otherwise provided by New Bloom, nor do they govern or apply to your use of third-party applications hosted by EZDerm, such as the Appointment Scheduler and Sadio Patient Portal (“EZDerm Applications”). Your use of the EZDerm Applications is governed by the EZDerm Privacy Policy.
These Terms, together with any documents expressly incorporated by reference herein (collectively, our “Policies”), govern your access to and use of the Website, including any content, functionality, and Services as defined herein.
We reserve the right to suspend or terminate your access to the Website in the event of a violation of these Terms. We reserve the right to refuse service to anyone for any reason at any time.
You may not use our Website or Services for any purpose that is unauthorized, unlawful, or prohibited by these Terms. You acknowledge that unauthorized use of the Platform and Services may give rise to a claim for damages and/or constitute a criminal offense.
References to “you” or “your” mean the user of the Website, as well as any individuals on whose behalf the Website is accessed.
Our Privacy Policy, located here and incorporated by reference into these Terms, details how we collect, use, and share your personal data collected or shared via the Website and Services.
New Bloom Dermatology is a healthcare provider subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Protected health information (“PHI”) is managed in accordance with our Notice of Privacy Practices (“NPP”), available at https://www.newbloomderm.com/notice-of-privacy-practices/. These Terms govern Website use only.
Do not submit health or treatment-related information via the Website Contact Form. Medical inquiries submitted through the Contact Form will not be answered and do not create a patient-provider relationship. To communicate securely regarding treatment or records, use the EZDerm Applications.
This Website is not intended for children under thirteen (13). We do not knowingly collect personal information from children without verified parental consent. If we inadvertently collect such information, please contact us for deletion.
We process payments through CardPointe and other authorized third-party payment card processors. By providing payment information, you authorize New Bloom Dermatology to submit charges to your chosen method.
Payments are subject to our in-office cancellation and refund policies. Except as required by law, we are not obligated to and do not provide refunds for services rendered.
You agree not to initiate chargebacks without first contacting us to resolve the issue. You remain responsible for costs we incur due to unjustified chargebacks.
The Website and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (collectively, “New Bloom Dermatology Content”) are owned by New Bloom Dermatology, its licensors, or other providers of such material (collectively, “New Bloom Dermatology Content Providers”) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to modify, copy, decompile, reverse engineer, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or re-sell any New Bloom Dermatology Content obtained from or through New Bloom Dermatology.
Any unauthorized use may violate copyright, trademark, privacy, and publicity laws.
You may submit questions and comments to New Bloom Dermatology using the Website’s Contact Us page (the “Contact Form”) and agree to use it solely for appropriate inquiries. You will not submit content that contains:
Medical Disclaimer: The Contact Form is for general inquiries only. Medical questions submitted via the form will not be answered and do not establish a patient-provider relationship.
You are prohibited from using this Website and the Services:
We reserve the sole and exclusive right to terminate your access to this Website and our Services for engaging in any of these prohibited uses.
This Website may contain links to other websites (“Linked Websites”). Linked Websites are not under our control, and we are not responsible for their content, security, or practices. Linked Websites are provided for convenience only and do not imply endorsement.
Subject to your compliance with these Terms, we grant you a personal, revocable, limited, non-exclusive, non-transferable, royalty-free license to use the Website and Services.
The contents of this Website, including all content, such as text, graphics, illustrations, photographs, videos, and all other information, are intended for educational and informational purposes only. They are not intended to be used in the diagnosis or treatment of any disease or condition. The contents of this Website are in no way meant to serve as a substitute for professional medical help or advice. Always seek the advice of a qualified medical professional.
The Contact Form is for general inquiries only. Medical questions submitted via the form will not be answered and do not establish a patient-provider relationship.
Although we have made reasonable efforts to ensure that the content and Services made available on the Website is accurate and complete, the Website and Services are provided “AS IS” and “AS AVAILABLE” with all faults and defects and without warranty of any kind. To the maximum extent permitted under applicable laws, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, with respect to the Website and Services provided, and information herein, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking and make no representation of any kind that the Website or Services offered will meet your requirements; be accurate, complete, or current; achieve any intended results; be compatible or work with any other software, applications, systems or services; operate without interruption; be completely secure; meet any performance or reliability standards or be error free; or that any errors or defects can or will be corrected, including, without limitation, the content and any errors contained that are provided by third parties.
New Bloom Dermatology, our officers, directors, employees, and/or agents (together, “New Bloom Dermatology Parties”) shall not be liable to you or your affiliates in relation to these Terms or the Services we offer, whether in contract, negligence, strict liability, tort, or other legal or equitable theory, for any lost profits, personal injury, property damage, loss of data, business interruption, indirect, incidental, consequential, exemplary, special, reliance, or punitive damages, even if these losses, damages, or costs are foreseeable, and whether or not you or the New Bloom Dermatology Parties have been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless New Bloom Dermatology and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees (together, “Affiliates”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees, due to or arising out of your breach of these Terms or the documents they incorporate by reference; your access or use of the Website and/or our Services, including, but not limited to, your use of the Website’s content (other than expressly authorized herein) or your use of any information obtained from the Website.
New Bloom Dermatology may modify these Terms from time to time. When making such modifications, we will update the “Last Updated” date set forth above. Your continued use of the Website and/or our Services after the posting of revised Terms constitutes your acceptance of and agreement to the modified Terms. It is your responsibility to review the Terms regularly to stay informed of any updates.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website in our sole and absolute discretion without notice to you. We will not be liable if, for any reason, all or part of the Website is unavailable at any time. From time to time, we may restrict access to some parts of the Website to users.
By providing contact information, you acknowledge, agree, and confirm your consent to receive communications by text, email, or phone regarding appointments, updates, and limited promotional content. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
You understand that your consent to receive communications is not required as a condition of treatment or medical services and that you may opt out of receiving communications from us at any time by following the directions to opt-out at the bottom of any email, text message, or by contacting us.
These Terms and our Policies shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
Any dispute related to or arising out of these Terms, our Policies, and/or your use of the Website or Services shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to its rules before a single arbitrator seated in New York County, New York. The arbitrator shall be selected in accordance with the AAA rules. We may seek any interim or preliminary relief from a court of competent jurisdiction in any jurisdiction necessary to protect our rights pending the completion of arbitration.
In the case of a conflict between the provisions of this Section 13 and the AAA Rules, the provisions of this Section 13 will prevail.
Any arbitration proceeding pursuant to this agreement shall take place on an individual basis and not through class arbitrations or class actions.
You and New Bloom Dermatology both understand and expressly agree to waive any jury rights in connection with disputes related to or arising out of our Policies and/or your use of our Website or Services.
You further agree to waive the right to assert a counterclaim, other than a mandatory or compulsive counterclaim, in any action or proceeding brought against you by New Bloom Dermatology arising out of or in any way connected with our Policies and/or your use of our Website or Services.
You agree that any claim or cause of action arising out of or related to our Policies and/or your use of our Website or Services must be filed within one (1) year after such claim or cause of action arose or forever be barred.
You and New Bloom Dermatology both understand and expressly agree to keep confidential the existence of the arbitration, the arbitration proceeding, the hearing and the arbitrator’s decision, except (a) as necessary to prepare for and conduct the arbitration hearing on the merits; (b) in connection with a court application for a preliminary remedy, or confirmation of an arbitrator’s decision or its enforcement; (c) New Bloom Dermatology may disclose the arbitrator’s decision in confidential settlement negotiations; (d) each party may disclose as necessary to professional advisors that are subject to a strict duty of confidentiality; and (e) as law otherwise requires. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration, except as law requires or if the evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
We are committed to equal access and compliance with the Americans with Disabilities Act (“ADA”). As part of this commitment, we endeavor to provide an accessible Website compatible with the Web Content Accessibility Guidelines (“WCAG”) version 2.2, such that users with vision and other impairments may use the Website and Services in a generally comparable manner as users without disabilities.
If you encounter barriers, please contact us at info@newbloomderm.com.
The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms. No provision in these Terms will be construed against any party on the basis of that party being the drafter. Except where expressly stated otherwise in writing executed between you and New Bloom Dermatology, these Terms will prevail over any conflicting policy or agreement for the provision or use of the Services.
The failure of New Bloom Dermatology to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms shall be unenforceable for any reason, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
New Bloom Dermatology and its Affiliates will not be liable for any losses, damages, or costs you suffer, or delays in Service, to the extent caused by an event beyond the control New Bloom Dermatology and its Affiliates, including (a) a strike or other labor dispute or labor shortage, stoppage or slowdown; (b) supply chain disruption; (c) embargo or blockade; (d) telecommunication breakdown, power outage or shortage; (e) inadequate transportation service or inability or delay in obtaining adequate supplies; (f) weather, earthquake, fire, flood, natural disaster, or act of God; (g) riot, civil disorder, war, invasion, hostility (whether war is declared or not) or terrorism threat, or act; (h) civil or government calamity; (i) epidemic, pandemic, state, national, or international health crisis; and (j) law or act of a governmental authority.
Nothing in these Terms serves to establish a partnership, joint venture, or general agency relationship between New Bloom Dermatology and you.
These Terms and the documents incorporated herein constitute the entire agreement and understanding of the parties with respect to the Website and Services and supersede all prior and contemporaneous agreements and understandings.
For questions or concerns, please contact us at info@newbloomderm.com.