Terms and Conditions

Introduction

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: This website, located at www.bellamedicalassociates.com, and any associated mobile application or platform, including the stored information and offered products and services (collectively referred to as the "Website"), is owned and operated by Bella Medical Associates, PLLC, a North Carolina Limited Liability Company (referred to as "Company", "Ourselves", “We” “Us” or “Our”). The Website provides information, education, and other services and products to users (“You”, "Client", "Patient", or “Customer”). "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. If you are below the legal age, as defined by your state of residence, to enter into a binding contract (usually 18 years old in most states), you must get your parent or guardian to read these terms before using our Website or providing any information to us. In such a case, "You" or "Customer" includes both the consenting parent or legal guardian and the minor for whom consent is provided or on whose behalf the services or products are utilized. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing laws ofin the United States and Canada. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use.

Acceptance
These Terms of Use document (“Terms of Use” or referred to as "Agreement") is a legal agreement between you and the Company. It states and outlines the terms and conditions governing your access to and use of the Website, encompassing all displayed, linked, or otherwise available information and materials, including, without limitation, text, pictures, graphics, logos, illustrations, audio clips, video clips, computer software and code, as well as information electronically submitted to us via the Website (collectively known as "Website Content"). By accessing and continuing to use the Website, you agree to abide by these Terms of Use. If you do not accept and agree with these terms, or if you are under the age of thirteen (13), you must not access or use the Website.

When you visit the Website or send phone messages, text messages, and/or emails, you are engaging in electronic communication with us. By doing so, you consent to receive communications from us electronically, including telephone calls, text messages, and emails. We may also provide notices by posting them on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically (including by posting on our Website) satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

The Company reserves the right to revise or update these Terms of Use at any time without prior advance notice. Changes will be posted on the Website and communicated via email to the last email address you provided to us (if any). In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our sending the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Terms of Use. If you do not agree to be bound by all of these terms and conditions, do not use this Website or any service provided by the Company.

Eligibility
You affirm that you are at least eighteen (18) years old and have the legal right and ability to enter into agreements, including this Terms of Use. You are solely responsible for knowing and understanding your local laws concerning standards of content legality. In addition, to use the Website Content, you agree to comply with this Terms of Use and our Privacy Policy. The Company may, in its sole discretion, refuse to accept your registration due to noncompliance with any eligibility requirement.

Privacy Assurance
The Company understands the importance of maintaining the privacy of your Personal Information. Please review the Company’s Privacy Policy carefully. This describes how the Personal Information about you may be used and disclosed.

Prohibited Use of Website Content and Code of Conduct
You agree not to utilize the Website Content, or any services provided by the Company for any unlawful or illegitimate purpose, in violation of our policies, guidelines, rules, or the terms and conditions of this Agreement. This includes, but is not limited to:

1. Posting or transmitting misleading information or assuming a false identity for the purpose of misleading others or impersonating any entity, including, without limitation, any Company representative.
2. Engaging in unauthorized credit card use.
3. Post or transmit information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory, harassing, threatening, or abusive content to any person.
4. Infringing upon the intellectual property rights, privacy, or proprietary rights of others.
5. Attempting to disrupt our business operation through methods not limited to viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, or spam or any other similar programs that may damage the operation of another’s computing device or property.
6. Uploading or transmit any unsolicited advertising, promotional materials, junk mail, or any form of solicitation commercial or otherwise.
7. Using any of our tools and services in a way that could damage or impair our services or networks.
8. Attempting to gain unauthorized access to user or Customer Accounts, computer systems, or networks , through hacking, password mining or any other means; use any robot, scraper.
9. Using automated or manual means to access any aspect of our website or equipment for any purpose, harvesting or otherwise collecting information about others, including names, addresses, or e-mail addresses.
10. Modifying, reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Website, or assisting any other person or entity in doing so.

Customer Account Management
While it is not mandatory and you are not obligated to register for access to the Website, certain services are exclusively available to registered users or affiliated individuals with granted accounts, referred to as "Customer Accounts" complete with usernames and passwords. By registering, you confirm that all information provided for your Customer Account is accurate, and you commit to keeping this information, including your email, up to date. If you wish to terminate your Customer Account, at any time, for any reason you can do so at any time by following the instructions on the Website. The Company reserves the right to suspend or terminate your Customer or Client Account in adherence to these Terms of Use.

You are responsible for maintaining the confidentiality of your Customer Account login details and are fully accountable for all activities that occur or carried out under your Account. You agree to notify the Company promptly of any suspected or unauthorized use of your Customer Account or any security breaches. The Company holds no liability for any loss or damage arising from your failure to comply with the above requirements regarding your Customer Account.

Right to Termination
The Company retains the right to take lawful actions it deems appropriate in response to actual or suspected violations of the Code of Conduct or this Agreement. This includes, but is not limited to, suspending, or terminating a Customer's access and/or Customer Account, which may involve the deletion of any content you have uploaded in connection with your Customer Account. The Company holds no liability whatsoever to you for any termination of your rights under these Terms of Use, including the termination of your Customer Account or deletion of any uploaded content to the Website.

The Company may collaborate with legal authorities and/or third parties in investigating any suspected or alleged crime or civil wrongdoing. Subject to limitations outlined in the Privacy Policy, the Company reserves the right to disclose information as the Company deems necessary to satisfy applicable laws, regulations, legal processes, governmental requests, or to edit, refuse to post, or remove information or materials, wholly or partially, in the Company's sole discretion. Furthermore, the Company reserves the right at any time, without notice, for any or no reason, to refuse service or access to the Website to anyone, to modify and discontinue any portion or all of the same, and to restrict, suspend and terminate Customers’ access or Customer Accounts. You agree that the Company will not be liable to you or any third party for any modification, suspension, or discontinuation of the Website or any part or service thereof.

Right to Remedies Provision
You agree that any violation or threatened violation 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.

Monitoring Rights
The Company neither actively monitors general use of this Website under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, or other material created or accessible over or through this Website. However, the Company
does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in the Company's sole discretion, may be illegal, may subject the Company to liability, may violate these Terms of Use, or are, in the sole discretion of the Company, inconsistent with the Company's purposes for this Website.

Membership Area
Our Sites include membership areas, and users failing to adhere to this Agreement's terms and conditions may be removed and denied future access to the membership area or other public forums. We or our designated agents retain the right to remove or modify any user-created content at any time and for any reason. Membership areas and public forums are established as discussion centers for users and subscribers, where information and content may be contributed by our staff, external contributors, or users with anonymous usernames. We explicitly disclaim responsibility and endorsement and make no representation regarding the validity of opinions, advice, information, or statements made by third parties in these forums. We are not accountable for errors or omissions in such postings or for hyperlinks embedded in any messages. In no event will we, our affiliates, suppliers, or agents be liable for any loss or damage resulting from your reliance on information obtained through these forums. The opinions expressed in these forums belong solely to the participants and do not reflect our opinions or those of our subsidiaries, associates, or affiliates.

Memberships, Plans and Packages
Any time not used during your membership or package is forfeited. You have the option to renew your Package as specified during checkout agreement. Refer to your Membership Agreement. Membership Agreement supersedes information on Company Website pertaining to Membership cancellation information and refunds.

Cancellation of Memberships and Packages Paid in Full
You may cancel your Plan or Membership at any time after the minimum enrollment (3 months) by written notice.

Upon execution of the Membership Agreement, you will be refunded remaining months and less any cost of the consultations, any prescription orders placed even if not received, prescription medications, any lab test, and any follow-ups you completed not under or under your membership, plan, or package. Fees will continue to accrue until a written cancellation notice is received. The cancellation will be effective on the last day of the month in which the cancellation notice is received. Monthly fees that have been paid in advance will be refunded within fifteen to thirty (15-30) days after receipt of the cancellation notice. If requested, a final appointment, charged at the usual rate, will be scheduled to bring our partnership to a proper close and create a final plan for you to follow on your own or with a new provider.

If you sign up for and change your mind within 24 hours, you will be refunded in full except for any consultations and administrative fees which includes review of any records, documents, or forms submitted, any prescription orders placed even if not received, any prescription medications and follow-ups.

If you sign up for a membership, plan, or package and cancel 24 hours after you sign up but before you are seen for your initial consultation, you will be refunded in full less a $350 service and administrative fee which includes review of any records, documents, or forms submitted.

An individual may not be accepted for or may be terminated from Membership in Company if Company in its sole discretion determines that the Member needs a level and type of medical care other than may be provided through the Program. Company may decline to accept an individual as a Member if Company in its sole discretion has reached its maximum capacity. Further, your Membership may be terminated by Practice at any time, at the sole discretion of Company, for nonpayment of fees, abusive or disruptive conduct or harassment, repeated failure to follow treatment recommendations, or fraud.

Memberships and Packages Lab Test and Supplement Discounts
As a part of your membership, plan or package, you may qualify to receive certain savings on certain lab test kits and supplements. The amount of your savings depends on the service or plan selected.

Dietary Supplements Disclaimer
Information and statements regarding dietary and other health care supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should carefully read all product packaging prior to use and consult with your health care professionals.

Educational Programs and Self-Help Disclaimer
Results discussed in our courses are not guaranteed. The Website Content, courses and self-help are intended for educational, illustrative purposes, informational in nature only, and individual outcomes may vary. Information is provided only as general information and is not medical or psychological advice, opinion, diagnosis, treatment, or guarantee. Your results depend on factors such as your unique circumstances, level of commitment, and actions taken. Participation in any health or weight loss program entails risks and requires consistent effort and proactive measures. If you are unwilling to accept these terms, we advise against enrolling in any of our courses.

Disclaimer
The Website is not intended to create and does not constitute any professional relationship between Company (or any of its officers, directors, trustees, employees, consultants, independent contractors, bloggers, experts, agents, volunteers, affiliates, or agents) and you, and does not create any doctor-patient or any other professional relationship with any of the Company’s independent contractors, experts, or agents. Use of this website does not imply status as a “patient” or “client”. The Website is not intended to solicit clients or patients; and should not be relied upon as medical, psychological, or other professional advice of any kind or nature whatsoever. Even if those providing information via the Website display professional licensure or other credentials in the healing arts, or cite clinical trials or other medical literature, they are limited to providing information and education, and are not providing any clinical service via the Website. The information provided through the Website should not be used for diagnosing or treating a health problem or disease. The information contained in these communications is not comprehensive and does not include all the potential information regarding the subject matter, but is merely intended to serve as one resource for general and educational purposes.

Company Is Not a Medical Provider and Does Not Provide Medical Advice
Company Is Not a Medical Provider and Does Not Provide Medical Advice. Any and all content stated or posted on the Website or available through any service or product is not intended to be, and must not be taken to be, the practice of medicine, psychology, or the provision of medical, or psychological/mental health, or any other professional healthcare. The information provided on this Website is not a substitute for medical diagnosis, advice, or treatment, or other professional healthcare. If you have or suspect you may have a medical or psychological problem, you should consult your medical doctor or psychologist or appropriate healthcare provider. If you think you have a medical emergency, call 911 immediately. Never disregard or delay medical advice received from your licensed healthcare provider based on information on the Website. Always consult your physician, psychologist, or licensed healthcare provider before seeking any new treatment, or before you alter, suspend, or initiate any change in your medical or psychological treatment, medication or herbal supplement, routine, or procedure.

If you are in a crisis and in crisis situations, seek help from a crisis helpline or service provider. A list of resources can be found in your phone book or contact organizations such as the National Suicide and Crisis Lifeline (988), 800-273-TALK (800-273-8255); National Domestic Violence Hotline 800-799-SAFE (800-799-7233); National Child Abuse Hotline 800-4-A-CHILD (800-422-4453). While we provide online services, we do not have a 24-hour hotline for medical emergencies; nor do we handle requests in crisis situations, such as if you are feeling suicidal or in need of immediate assistance due to emotional crisis. If you are in crisis, contact one of the above organizations or another resource of your choice. If you need help finding mental health services and support in your community, contact an appropriate organization, such as for example: National Mental Health Association Information Center: nmha.org. Company is only providing informational and educational self-help resources to you.

Testimonials and Endorsements
Consumers generally may not be expected to achieve the same or similar results as others who have used our services and who have subsequently written or recorded video testimonials and endorsements. We post testimonials for informational purposes only; we do not claim that anyone will experience the same or similar results as mentioned in these writings or videos. Nor do we claim that a significant number of consumers may obtain similar results. Results experienced by any one individual who has written a testimonial or endorsement, is not necessarily what any given consumer should expect to experience. Any information that could be regarded as a testimonial or endorsement on the Website does not constitute a guarantee, warranty, or prediction by us regarding the outcome of any past, ongoing, or future conversation or interaction with you.

No Guarantee or Warranty
We expressly disclaim and all liability concerning any treatment or action by any person following the information offered or provided within or through the Website or through us or through anyone using the Website or trained by us. We are not liable for any unfair business practices by third parties.

We have used reasonable efforts in collecting, preparing, and providing quality information and material but make no guarantee about the accuracy, completely, or adequacy of the Website Content. The Website is provided on an “as is” and “as available” basis. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations of any kind, whether express or implied, or statutory, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. If you are dissatisfied or harmed by anything relating to the Website, you may leave the Website, and this will be your sole and exclusive remedy. We (and out suppliers) make no warranty that the Website will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties regarding the Website, we limit all such warranties to thirty (30) days from the date of first use. Some jurisdictions do not allow exclusion of implied warranties or limitations on their duration so the foregoing sentence may not apply to use.

We do not guarantee that any person’s use of the Website is the appropriate course of treatment for any individual’s particular health care problem. Communications on or through the Website do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections.

No Legal Claims, Warranties or Advice
The Website neither offers nor constitutes legal advice or counsel. The Company makes no claims, guarantees, or warranties with respect to rights or obligations any individual may have with respect to federal or state or other laws or regulations. We do not provide any legal representation or certification that any given individual has any given right or obligation under relevant laws. We cannot guarantee that private individuals or governmental entities will agree with any position that any user of this Website may take. There is no guarantee that any third party will accord the user any right or courtesy. Please also see Limitation of Liability, below.

Professional Advice Disclaimer
This site provides health, fitness, and nutritional information. The information and materials are for educational purposes only. All medical information presented should be discussed with your healthcare professional. This information is not intended to replace professional medical advice, diagnosis, or treatment. If you have concerns or questions about your health, always consult with a qualified medical provider or other healthcare professional. Do not disregard, avoid, or delay seeking medical or health-related advice from your healthcare professional based on information you may have read on this site. The use of any information provided on this site is solely at your own risk.
Nothing stated or posted on this site or available through any services is intended to be, and must not be taken as, the practice of medical or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing healthcare treatment, instructions, diagnosis, prognosis, or advice.

This site is continually under development, and we make no warranty of any kind, implied or express, as to its accuracy, completeness, or appropriateness for any purpose. Developments in medical research may impact the health, fitness, and nutritional advice that appears here. No assurance can be given that the advice contained on this site will always include the most recent findings or developments concerning the particular material.

No Credentialing
To the extent the Website lists Partners and consultants (“Practitioners”), we are merely a directory and do not certify or credential Practitioners and shall not be liable for certifying or credentialing Practitioners. We make no representations or warranties about any Practitioner, nor do we have any responsibility over, or for supervising, any outside clinical practice such Practitioner may operate. We do not screen, perform background checks, confirm the qualifications, evaluate, or endorse any Practitioner. The inclusion of a list of Practitioners on the Website does not imply recommendation, referral or endorsement of such Practitioner nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Practitioner contained therein; nor do we offer any guarantee, testimonial, endorsement, or validation of credentials of or services provided by the same.

We may receive a fee from Practitioners for use of our platform and technology and various other services. However, this does not imply endorsement of a particular Practitioner. We will not be liable for claims for negligent credentialing or negligent supervision of, or for negligence by, any such Practitioner. Any opinions, advice, or information expressed by any person are those of that person and do not reflect our opinions. We do not recommend or endorse any Practitioner that may be mentioned on the Website. We do not make any treatment decisions.

You understand that it is your responsibility to check the certification and/or licensing of any healthcare practitioner involved in your care. Our role is strictly limited to providing access to information for your consideration. You assume all risk of pursuing any course of action following receipt of information by any party. While we make efforts to verify that Practitioners have the background, they claim they have, we cannot warrant or guarantee their accuracy. We are not liable for any loss or damages caused by your reliance on any Website Content including Practitioner profiles.

No Legal Claims, Warranties or Advice
The information provided on this Website is not intended as legal advice or counsel. The Company does not make any claims, guarantees, or warranties regarding the rights or obligations individuals may have under federal, state, or other laws and regulations. We do not offer legal representation or certify individuals' rights or obligations under applicable laws. The Company cannot assure that individuals' positions expressed on this Website will be agreed upon by private individuals or governmental entities. No assurance is given that any third party will acknowledge the user's rights or courtesies. For additional details, please refer to the Limitation of Liability section below.

Limitation of Liability
We are not liable to you or any third party for any damages (including, without limitation, direct, indirect, incidental, special, consequential, exemplary, incidental, special, or punitive damages, personal injury/wrongful death, lost profits, good will, use data or other intangible losses (whether or not we have been advised of the possibility of such damages) or damages arising from or relating to these Terms of Use or use or inability to use the Website (including damages resulting from lost data or business interruption), even if we have been advised of the possibility of such damages, whether resulting from: (i) the use of or inability to use the Website, whether based on warranty, contract, tort, or any other legal theory, (ii) any delay, failure, interruption or corruption of our web site or any data or information transmitted in connection with the use of this Website, (iii) personal injury or death caused by your use or misuse of the Website, (iv) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our Website, (v) unauthorized access to or alteration of your transmissions or data, (vi) statements or conduct of any third party on our web site, (vii) any lost profits of Customers for spending any time on the Website or any articles or comments posted on the Website or, (viii) any other matter relating to the Website. You acknowledge that this paragraph shall apply to all content, merchandise, and services (if applicable) available through the Website. Your access to, and use of, the Website is at your own risk, and you are solely responsible for any damage to your computer, device, system, or data. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.

Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product or service purchased by you from us through the Website or through any other website or source; provided, that any claims arising out of or in connection with your use of the Website must be brought within one (1) year since the event giving rise to such action occurred. You understand and agree that your use of the Website is predicated upon your waiver of any right to participate in a class action suit for any losses or damages resulting from your use of the Website.

Assumption of Risks Indemnification Agreement
You understand, acknowledge, and freely assume all risks, including psychological and emotional risks (whether or not foreseeable to us or you), relating to your access to and activities with respect to the Website and Website Content, or relating to any activity, information, or service, provided by us or any of our agents or employees or agents. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability, or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the Website or Website Content or use therein.

By viewing the Website you agree to fully release, indemnify, and hold harmless, including costs and attorneys’ fees, Company from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, arising at any time out of or in relation to: (a) your use of or reliance on the information presented on the Website; (b) your violation of these Terms of Use or of applicable laws or regulations; or (c) any content you uploaded to the Website. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Company's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product, program, other owned or controlled by Company, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Company website, property, product, program, other content or any and all activities or actions related thereto. By accessing this Website, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. In accordance with such waiver, if you are a California resident, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Account Hold and Suspension
If Company believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, Company will continue to investigate the situation until an adequate resolution has been reached, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. Company will make commercially reasonable efforts not to exceed a ninety-day
(90) hold on your account as we and/or a third-party investigate.

Copyright Notice
Except as otherwise expressly stated, all Website Content is the copyrighted work of the Company or its third-party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Website Content is also the exclusive property of the Company and is protected by U.S. and international copyright laws.

You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any information or Website Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of the Company or any applicable third-party suppliers. The use of Website Content by you is prohibited unless specifically permitted by the Company. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You may not link to the Website from a site that is unlawful, abusive, indecent, or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is other inappropriate (in Company's sole discretion). The Company reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with this Company Website or this Terms of Use. Any unauthorized use terminates the permission or license granted to you by the Company to use the Website.

The Company does not warrant or represent that your use of Website Content or any other materials displayed on this Website will not infringe rights of third parties. Your use of any of the Website Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided Website Content. The Company is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend, and hold harmless the Company from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Use.

Notice of Intellectual Property Infringement
If you believe that any content on this website violates or infringes upon your intellectual property rights under Title 17, United States Code, Section 512(c)(2), please promptly notify us at info@bellamedicalassociates.com. To facilitate our response, provide specific details regarding your complaint. You may be required to furnish additional information and adhere to specific procedures for us to address your concerns effectively.
In compliance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512, provide our copyright agent with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party.
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We reserve the right to terminate the accounts of customers found (in our reasonable discretion) to be infringing on intellectual property rights. Please be aware that any misrepresentation of material facts in a written notification, as per 17 U.S.C. § 512(f), subjects the complaining party to liability for damages, costs, and attorney’s fees incurred by us in connection with the notification and allegation of copyright infringement.

Trademarks and Service Marks
Certain trademarks on the Website are the service marks and trademarks of the Company, the Practitioners, or other licensees of the Company. The domain name for this Website, all page headers, graphics, and button icons are service marks, trademarks, logos, and/or trade dress of the Company. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of the Company.

Ownership and Information Transmission via this Website
While Personal Information (as defined in our Privacy Policy) which you submit will be maintained in accordance with our Privacy Policy, any information you transmit to the Company via this Website, whether by direct entry, submission, e-mail or otherwise, including text messaging (each and collectively, “Transmitted Information”), will be treated as non-confidential and non-proprietary to you and will become the sole property of the Company. In addition, as Company property, to the extent allowed by law such information may be used by Company for any purpose, including, without limitation, reproduction, solicitations, disclosure, publication, and posting (“Outbound Communications”); however, Company will make every effort to de- identify any information relating to your health or health concerns, including, by not disclosing your name or email with regard to any such Outbound Communications. If you wish to create additional safeguards to protect your Transmitted Information, then do not disclose your name or any identifying information when you correspond with us or our agents and consultants, as the case may be, via the Website. Company shall be free to use any ideas, concepts, or techniques contained in any communication you send to the Company via this Website or by any other means (including Transmitted Information) for any purpose whatsoever, including, without limitation, developing and marketing products using such information. Because Company owns the Transmitted Information, Company has no obligation to Customer or any third party to provide a record of Transmitted Information to either party upon request. Company is not responsible for any information or content submitted by other users; you agree that any interaction between you and other users of the Website are solely between, and that Company is not responsible for any loss, damage, or dispute between you.

Third-Party Content and Hyperlinks
No Statement as to Accuracy
The Company has no editorial control or responsibility over the content included on the Website provided by third-party content providers. Therefore, any opinions, statements, products, services, or other information expressed or made available by third party suppliers or Customers on this Website are those of such third-party suppliers or Customers, respectively. The Company does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party.

Links to Third Party Websites
This Website may include hyperlinks to sites owned and operated by entities other than the Company. These hyperlinks are provided for reference and ease of use, and we do not have control over such sites. The Company is not responsible for the content or accuracy of these sites unless explicitly stated. If hyperlinks lead to sites not owned, operated, or maintained by the Company, you acknowledge and agree that the Company is not liable for the content, products, or services on or available from such sites. We bear no responsibility for information, products, promotions, advertisements, or services accessible through these third-party sites, and any action you take as a result of linking to such websites is at your own risk.

These external websites are likely to have specific terms of use and privacy policies that you should review. The Company reserves the right to remove any link on this Website at its sole discretion and without obligation. The Company shall not be directly or indirectly responsible or liable for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on the content, products, services, or other materials available on or through any such third-party website. Additionally, the Company is not accountable for the privacy practices of other websites.

Miscellaneous Terms
CAN-SPAM ACT Compliance
We are committed to being compliant with the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003" ("CAN-SPAM Act"), and email newsletters and correspondence received from us are intended to fully comply with the CAN-SPAM Act. In the event you receive an email from us that you do not believe is fully compliant with the CAN- SPAM Act, please contact us immediately at Info@bellamedicalassociates.com. You can click to unsubscribe or opt-out of email communications from Company at any time or reply by typing "unsubscribe" in e-mails you receive from us. It is important to note that you cannot opt-out from receiving all communications from us if you wish to subscribe to our service. If you opt-out or unsubscribe from all email from the Company while remaining a registered user or Customer, you will become ineligible for receipt of and use of our services.

Export Compliance
You agree that our services are subject to U.S. export controls and agree that you will comply with the same, and represent that you are neither located in a sanctioned country nor a prohibited person. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

Entire Agreement
This Terms of Use constitutes the sole Agreement between you and the Company relating to your use of the Website Content, and no representations, statements, or inducements, oral or written, not contained in this Agreement shall bind either you or the Company.

Severability
We both agree that if we cannot enforce a part of these Terms of Use as written due to a conflict with state or federal law, 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.

No Assignment
You may not assign, transfer, or delegate your rights or obligations within these Terms of Use in whole or in part without our prior written consent. We may freely transfer, assign or delegate all or any part of these Terms of Use, and any rights and duties hereunder or there under. These Terms of Use shall be binding upon and inure to the benefit of each of the parties, their heirs, successors and permitted assignees of the parties.

No Waiver
Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No waiver by the Company of any right under this Terms of Use Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Jurisdiction
The Terms of Use are governed by the laws of the State of North Carolina, USA, and controlling United States Federal Law without regard to any conflicts of law provisions.

Arbitration Clause
Subject to the provisions of this Terms of Use, all disputes, controversies, or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration that will be conducted in Stanly County, North Carolina as provided below. This agreement contains an arbitration provision to resolve disputes. No class or representative court action or jury trial is permitted. Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination, and means that there shall not be a jury and that the rules of the proceeding will be conducted in accordance with established arbitration rules of the AAA. In order to resolve a dispute with as minimum expense and maximum satisfaction as possible, we recommend contacting us first to resolve any dispute in as easy a fashion as possible, but you are permitted to proceed directly to arbitration, provided that before initiating arbitration, you first send notice to the Company to info@bellamedicalassociates.com. Any dispute must be initiated with an AAA arbitrator in Stanly County, North Carolina, within one year of occurrence or to the maximum extent permitted by law. Any dispute that arises may only be resolved through an individual arbitration, and shall not be brought as a class action, a class arbitration, or any other proceeding where a person serves as the representative of any other person or persons. You agree that there is no right to a jury trial, and this provision will be governed both substantively and procedurally by the AAA to the maximum extent permitted by law. The selected arbitrator is without jurisdiction to conduct a class arbitration or other representative proceeding, and may not consolidate one person’s claims with another. Both parties must keep the dispute confidential, to the maximum extent permitted by law. As in the rest of this Terms of Use, if one part of this arbitration agreement is found to be invalid, the invalid provision shall be severed from the rest of this arbitration clause and agreement and the rest of this clause and agreement shall be valid.

General
The performance of Company hereunder is subject to interruption and delay due to causes beyond its reasonable control including acts of God, acts of government, war, civil disorder, fire, power failure, equipment failure, labor dispute, inability to obtain necessary supplies, and the like. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted, and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by Company. Company's waiver of any right shall not constitute a waiver of that or any other right in the future.

Survival
Notwithstanding any provision in this Agreement to the contrary, the following provisions shall survive termination or expiration of the Agreement: Disclaimer; Limitation of Liability; Assumption of Risks; Indemnification; Intellectual Property; Third-Party Content; Miscellaneous Terms.

Governing Terms and Conditions
These Terms and Conditions shall be governed and construed in accordance with the laws of the State of North Carolina, USA, without regard to conflicts of laws. By accepting these terms, you agree that any legal action arising from or related to these terms shall be exclusively filed in the state or federal courts situated in Stanly County. You hereby consent and submit to the personal jurisdiction of such courts for the purpose of any legal proceedings. If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable, that specific provision will be considered severable and shall not affect the validity and enforceability of the remaining provisions.

In the event of potential evidence suggesting the illicit use of this site, Company reserves the right, at its sole discretion, to provide such evidence to law enforcement authorities. These Terms and Conditions constitute the entire agreement between the parties regarding the use of this site. Descriptions of products and services on Company’s website may pertain to offerings that are not available worldwide.

Despite any contrary provision in this Agreement, certain clauses will persist beyond its termination or expiration. The following provisions shall endure: Disclaimer, Limitation of Liability, Assumption of Risks, Indemnification, Intellectual Property, Third-Party Content, and Miscellaneous Terms.

For any inquiries or issues concerning these Terms of Use, kindly reach out to us at info@bellamedicalassociates.com or through the provided mailing address below. We are committed to addressing your questions or concerns promptly.

Mailing Address:

Bella Medical Associates, PLLC

1939 E Main St 1039
Albemarle, North Carolina
(704) 489-3408
info@bellamedicalassociates.com
Effective Date: 01/2024
These Terms of Use were last updated and posted on 1/1/2024.
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YOU ACCEPT THESE TERMS and CONDITIONS BY USING THIS WEBSITE.