Transmen and transwomen who are not on hormonal therapy, and have not had gender-affirming surgery that alters their hormones, will benefit from the standard treatments displayed when selecting their sex assigned at birth.
For transmen/women on hormonal therapy or post hormonally modifying surgery experiencing hair loss, we encourage you to make a free virtual/zoom - or in person - consultation with one of our Hair Restoration Surgeons at Barber Surgeons Guild® to learn more about your medical and surgical options before ordering any medications online that may impact your treatment. Special considerations are listed below, but more value will be obtained from a proper consultation where we can spend the time to review your full history and devote the proper attention to your case.
Transmen on hormonal therapy are at increased risk for DHT mediated hair loss just as their cismale counterparts, especially when there is a family history of men with hair loss. Finasteride containing medications help here, however there are unique risks to be aware of including but not limited to: risk of reversing facial hair growth and risk of menstrual cycle returning. Hair restoration is often helpful for transmen in treating male pattern baldness, adding more beard density, and masculinizing the hairline shape.
Transwomen on either hormonal therapy or post-orchiectomy are at low risk for future hair loss and often their therapies have helped their hair. For hair loss acquired prior to transition, medical and/or surgical treatments are often helpful.
"Male vs female hair loss patterns" are often caused by hormones which differ between the sexes, and require some different medications and special considerations. Sex assigned at birth refers to given sex, not gender identification.
NOTICE OF PRIVACY PRACTICES OF BLENDS PROVIDERS
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
This Notice of Privacy Practices (the “Notice”) describes how Barber Surgeons Guild, PC, Barber Surgeons PLLC, and Justin Edward Rome MD PC (collectively “Blends Provider Affiliated Covered Entity” or “we” or “our”) may use and disclose your protected health information to carry out treatment, payment or business operations and for other purposes that are permitted or required by law. An Affiliated Covered Entity is a group of health care providers under common ownership or control that designates itself as a single entity for purposes of compliance with the Health Insurance Portability and Accountability Act (“HIPAA”). We have elected to voluntarily substantially comply with the standards set forth in HIPAA. The members of the Blends Provider Affiliated Covered Entity will share protected health information with each other for the treatment, payment, and health care operations of the Blends Provider Affiliated Covered Entity and as permitted by HIPAA and this Notice of Privacy Practices. For a complete list of the members of the Blends Provider Affiliated Covered Entity, please contact the Blends Provider Affiliated Covered Entity Privacy Office.
“Protected health information” or “PHI” is information about you, including demographic information, that may identify you and that relates to your past, present or future physical health or condition, treatment or payment for health care services. This Notice also describes your rights to access and control your protected health information.
USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION:
Your protected health information may be used and disclosed by our health care providers, our staff, and others outside of our office that are involved in your care and treatment for the purpose of providing health care services to you, to support our business operations, to obtain payment for your care, and any other use authorized or required by law.
TREATMENT:
We will use and disclose your protected health information to provide, coordinate, or manage your health care and any related services. This includes the coordination or management of your health care with a third party. For example, your protected health information may be provided to a health care provider to whom you have been referred to ensure the necessary information is accessible to diagnose or treat you.
PAYMENT:
Your protected health information may be used to bill or obtain payment for your health care services. This may include certain activities that your health insurance plan may undertake before it approves or pays for your services, such as: making a determination of eligibility or coverage for insurance benefits and reviewing services provided to you for medical necessity.
HEALTH CARE OPERATIONS:
We may use or disclose, as needed, your protected health information in order to support the business activities of this office. These activities include, but are not limited to, improving quality of care, providing information about treatment alternatives or other health-related benefits and services, development or maintaining and supporting computer systems, legal services, and conducting audits and compliance programs, including fraud, waste and abuse investigations.
USES AND DISCLOSURES THAT DO NOT REQUIRE YOUR AUTHORIZATION
We may use or disclose your protected health information in the following situations without your authorization. These situations include the following uses and disclosures: as required by law; for public health purposes; for health care oversight purposes; for abuse or neglect reporting; pursuant to Food and Drug Administration requirements; in connection with legal proceedings; for law enforcement purposes; to coroners, funeral directors and organ donation agencies; for certain research purposes; for certain criminal activities; for certain military activity and national security purposes; for workers’ compensation reporting; relating to certain inmate reporting; and other required uses and disclosures. Under the law, we must make certain disclosures to you upon your request, and when required by the Secretary of the Department of Health and Human Services to investigate or determine our compliance with the requirements of the Health Insurance Portability and Accountability Act (HIPAA). State laws may further restrict these disclosures.
USES AND DISCLOSURES THAT REQUIRE YOUR AUTHORIZATION:
Other permitted and required uses and disclosures will be made only with your consent, authorization or opportunity to object unless permitted or required by law. Without your authorization, we are expressly prohibited from using or disclosing your protected health information for marketing purposes. We may not sell your protected health information without your authorization. Your protected health information will not be used for fundraising. If you provide us with an authorization for certain uses and disclosures of your information, you may revoke such authorization, at any time, in writing, except to the extent that we have taken an action in reliance on the use or disclosure indicated in the authorization.
YOUR RIGHTS WITH RESPECT TO YOUR PROTECTED HEALTH INFORMATION:
REVISIONS TO THIS NOTICE:
We reserve the right to revise this Notice and to make the revised Notice effective for protected health information we already have about you as well as any information we receive in the future. You are entitled to a copy of the Notice currently in effect. Any significant changes to this Notice will be posted on our website. You then have the right to object or withdraw as provided in this Notice.
BREACH OF HEALTH INFORMATION:
We will notify you if a reportable breach of your unsecured protected health information is discovered. Notification will be made to you no later than 60 days from the breach discovery and will include a brief description of how the breach occurred, the protected health information involved and contact information for you to ask questions.
COMPLAINTS:
Complaints about this Notice or how we handle your protected health information should be directed to our HIPAA Privacy Officer. If you are not satisfied with the manner in which a complaint is handled you may submit a formal complaint to the Department of Health and Human Services, Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/. We will not retaliate against you for filing a complaint.
We must follow the duties and privacy practices described in this Notice. We will maintain the privacy of your protected health information and to notify affected individuals following a breach of unsecured protected health information. If you have any questions about this Notice, please contact us at help@tryblends.com and ask to speak with our HIPAA Privacy Officer.
NOTICE OF PRIVACY PRACTICES OF BLENDS
1. INTRODUCTION
Barber Surgeons, Inc., aka DBA Blends, and its subsidiaries, divisions, and affiliates understand the importance of your privacy and protecting your personal information. Accordingly, the purpose of this Privacy Policy (the “Policy”) is to describe how Blends collects, uses, and shares information about you through our website, social media, email exchanges, mobile apps, and other online services on which this Policy is posted (the “Service”) as well as how you can access, change, and remove your information. Please read this Policy carefully to understand what we do. If you do not understand or agree to any aspects of our Policy, please contact us before continuing to use our Service.
This Policy is written in the English language. We do not guarantee the accuracy of any translated versions of this Policy. To the extent that any translated versions of this Policy conflict with the English language version, the English language version of this Policy shall control.
2. COLLECTION OF PERSONAL INFORMATION
Information you provide to us
We collect information you provide to us when you create or modify your account; register to use our website, www.tryblends.com (the “Site”); purchase products or services from us; post comments or reviews on our Site; request information from us; contact customer support; or otherwise communicate with us.
Information we obtain indirectly
We may receive certain information about you through our third-party affiliates or partners and from other companies that provide us with such information as a part of their relationship with us, including Google Analytics.
Information we collect automatically
When you use our Service, we collect certain information about you automatically through our use of cookies and similar technologies, described in more detail below.
3. CATEGORIES OF PERSONAL INFORMATION AND PURPOSE FOR COLLECTION
Blends only collects and processes the minimum amount of personal information from you necessary for purposes of our information processing activities which includes the following categories of personal information: (1) contact information, including your name, address, email address, and telephone number; (2) authentication information, including the user name and password that you use to register an account on the Site; (3) financial information, including your debit or credit card number, its expiration date, and its security code, for payment processing purposes; (4) personal characteristics, including date of birth, photographs of your head and hair, and other information relevant to diagnosis and treatment, such as hair loss, lifestyle and general medical history; (5) comments, reviews, and suggestions; (6) personal preferences including product preferences, online preferences, and interests; (7) online behavior information including online activity, preferences, and time spent viewing features; and (8) IP address, mobile network information, or device information.
Blends retains this information only if required to fulfill Blends’ information processing activities. Additionally, any information sent by you to a doctor regarding your diagnosis or treatment is kept private and confidential. Our information processing activities include conducting our business, customer communications and support, user verification, payment processing, shipping, quality management services, Site maintenance and improvements, enforcing our legal rights, and complying with legal requirements. Where applicable, if Blends intends to further process your personal information for a purpose other than that for which the personal information was initially collected, Blends shall, prior to such processing, provide you with any relevant information on such additional purpose, and, to the extent required by applicable law, obtain your consent for this.
4. DISCLOSURE OF PERSONAL INFORMATION
Blends does not trade, rent, or sell your personal information to third parties.
We may share or disclose your personal information for the following limited purposes:
5. ACCESS TO YOUR INFORMATION AND CHOICES
You can access and update certain information we have relating to your online account by signing into your account and going to the Account section of our Site. If you have questions about personal information we have about you or need to update your information, you can email us at help@tryblends.com.
6. SECURITY OF YOUR INFORMATION
We use industry standard physical, technical, and administrative security measures and safeguards to protect the confidentiality and security of your personal information. Please be advised, however, that while we take reasonable security measures to protect your personal information, such measures cannot be guaranteed to be secure. Blends cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your personal information. Accordingly, it is your responsibility to protect the security of your login information, including your username and password. Additionally, please note that emails and other communications you send to us through our Site are not encrypted, and we strongly advise you not to communicate any confidential information through these means.
7. COOKIES AND OTHER TECHNOLOGIES
We and our service providers use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Site through your computer or mobile device to improve the quality of our service, including for storing user preferences, tracking user trends, and providing relevant advertising to you. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the Site again, the cookie allows the Site to recognize your browser. Cookies may store unique identifiers, user preferences, and other information. Cookies can be set by the website owner (i.e., us) or they can be set by third parties (e.g., Facebook, Google, etc.) Third party cookies may also be used to enable analytics (e.g., Google Analytics) or advertising functionality (e.g., ad retargeting on third party websites) that enables more customized services and advertising by tracking your interaction with our Service and collecting information about how you use the Service.
You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Site features or services may not function properly without cookies. Please keep in mind that your browser settings may not permit you to control the technologies utilized by third-party companies. If you would like more information about these practices, please click: http://optout.aboutads.info/#!/
Blends also uses Google Analytics. Google Analytics is a web analytics service provided by Google, Inc. to collect certain information relating to your use of the Site. Google Analytics uses cookies to help the Site analyze user activity. We may also use Google Analytics Advertising Features or other advertising networks to provide you with interest-based advertising based on your online activity.
In addition to Google Analytics, Blends uses Hotjar. Hotjar is a technology service that helps us better understand our users’ needs and optimize user experience as well as our Service. Hotjar allows us to determine how much time users spend on which pages, which links users choose to click, and what users do and do not like, among other things, and this enables us to build and maintain our Service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device’s IP address, which is processed during your session and stored in a de-identified form; device screen size; device type (unique device identifiers); browser information; geographic location (country only); and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.
8. ADVERTISEMENT
We may use how you browse and shop in order to show you ads for Blends or our advertising partners that are relevant to your interests. We may use cookies and other information to provide relevant interest-based advertising to you, and ad networks to which we belong may use your browsing activity across participating websites to show you interest-based advertisements on those websites. Interest-based ads are ads presented to you based on your browsing behavior in order to provide you with ads more tailored to your interests. These interest-based ads may be presented to you while you are browsing our Site or third-party sites not owned by Blends.
Currently, our Site does not recognize if your browser sends a “do not track” signal or similar mechanism to indicate you do not wish to be tracked or receive interest-based ads. If you would like more information about these practices, please click: http://optout.aboutads.info/#!/
9. CHILDREN’S PRIVACY
If you are under the age of 18, please do not attempt to register with us at this Site, engage our Service, or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please email us at help@tryblends.com.
10. SPECIAL NOTE TO CALIFORNIA RESIDENTS
In compliance with California law, we provide California residents with certain information and access upon request (“Consumer Request”). This Policy outlines how California residents can request the information and what you can receive.
If you would like to submit a Consumer Request, you or your authorized agent can contact help@tryblends.com. If you choose to submit a Consumer Request, you must provide us with enough information to identify you and enough specificity on the requested data. Blends will only use the information it receives to respond to your request. Blends will not be able to disclose information if it cannot verify that the person making the Consumer Request is the person about whom we collected information, or someone authorized to act on such person’s behalf.
“Personal information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. “Personal information” does not include publicly available information.
1. Request to Access. You may submit a Consumer Request to obtain a copy of or access to the personal information that Blends has collected on you.
2. Request to Correct Inaccurate Personal Information. You may submit a Consumer Request to correct inaccurate personal information. Blends will use commercially reasonable efforts to comply with such requests and correct inaccurate personal information.
3. Request to Know. You may submit a Consumer Request to receive information about Blends’ data collection practices. You may request information on the categories of personal information (as defined by California law) Blends has collected about you; the categories of data collection sources; Blends’ business or commercial purpose for collecting, using, or selling that personal information; the categories of personal information that Blends that sold or shared; the categories of third parties with whom Blends shares personal information, if any; and the specific pieces of personal information we have collected about you.
Please note that the categories of personal information and sources will not exceed what is contained in this Policy. Additionally, Blends is not required to retain any information about you if it is only used for a one-time transaction and would not be maintained in the ordinary course of business. Blends is also not required to re-identify personal information if it is not stored in that manner already, nor is it required to provide the personal information to you more than twice in a twelve-month period.
If you would like to know if Blends has disclosed information about you to specific third parties, you may also email help@tryblends.com to receive information about the categories of information that we disclosed to third parties for their direct marketing purposes. You may receive the names and addresses of those third parties, and you may request this information for the year prior to your request. Note that these particular requests may only be made once per calendar year. Additionally, please be aware that only sharing activities covered by California law will be included in our response to your request.
Request to Delete. You may request that Blends delete your personal information. Subject to certain exceptions set out below we will, on receipt of a verifiable Consumer Request, delete your personal information from our records and direct any service providers to do the same. We will also notify all third parties with whom Blends has shared your personal information of your request to delete your personal information.
Please note that we may not delete your personal information if it is necessary to:
Right to Opt-Out. You have the right to opt-out of the sale of your personal information. We do not sell your personal information for money, but we use cookies and similar technologies that may result in your personal information being shared with third-parties in a manner that could be construed as a sale under the CCPA. Please see the sections titled “Cookies and Other Technologies” and “Advertisement” regarding our cookie usage. Additionally, some of our vendors may use your data in a way that could be construed as a sale of data under the CCPA, for example by using machine learning on identity documents to improve an identity verification platform as a whole or for purposes of cross-context behavioral advertising. To opt out of the sale of data, click “CCPA: Do Not Sell My Personal Information” on Blends’ homepage or click here.
Blends may not, and will not, treat you differently because of your Consumer Request or Opt-Out activity. Blends may not and will not deny goods or services to you; charge different rates for goods or services; provide a different level quality of goods or services; or suggest any of the preceding will occur. However, we can and may charge you a different rate, or provide a different level of quality, if the difference is reasonably related to the value provided by your personal information. Further, some Service functionality and features may change or become unavailable upon deletion or restriction on use of your personal information.
11. LINKED SITES
The Site may contain links to third-party owned or operated websites, including, without limitation, social media websites (each a “Linked Site”), as a convenient method of accessing information that may be useful or of interest to you. This Policy and the practices that we follow under this Policy do not apply to Linked Sites. We are not responsible for the content, accuracy, or opinions expressed on any Linked Site or for the privacy practices or security standards used by third parties on such Linked Sites. These Linked Sites have separate privacy and data collection practices, and we have no responsibility or liability relating to them.
Accordingly, if you use Linked Sites through our Site, to login to our Site, or to share information about your experience on our Site with others, these Linked Sites may be able to collect information about you, including information about your activity on our Site. In accordance with their own privacy policies, the Linked Sites may further notify your social media connections about your use of our Site.
You understand and agree that by clicking on a link to a Linked Site or using a Linked Site as described above, this Policy, as stated on the Site, is no longer in effect because you have either left our Site or used a Linked Site to interact with our Site.
12. USER CONTENT
Some features of the Service may now or in the future allow you to provide content, such as written comments or reviews, to be published or displayed on public areas of the Site (“User Content”). Be careful about giving out information in public areas of the Service. The information you share in public areas may be read, collected, or used by any user of the Service. We cannot control the actions of other users of the Site with whom you may choose to share your User Content.
13. CONSENT TO PROCESSING OF PERSONAL DATA IN UNITED STATES
This Site is intended for use only by residents of the United States. If you are a citizen of the European Economic Area (EEA) or other jurisdiction outside of the U.S., please note that in order to provide our Site, products, and services to you, we may send and store your personal information (also commonly referred to as personal data) outside of the EEA, including to the U.S. Accordingly, your personal information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred. Where such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as within the EEA to the extent feasible under applicable law. By using and accessing our Site, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.
14. CHANGES TO OUR PRIVACY POLICY
While this Policy may change from time to time, Blends will enforce and comply with all applicable laws with respect to this Policy, any future versions of this Policy, our Service, our rights, and our obligations to you. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice, including, for certain services, email notification of privacy policy changes.
15. QUESTIONS AND HOW TO CONTACT US
If you have any questions, concerns, complaints, or suggestions regarding this Policy, please email us at help@tryblends.com, or write to us at: 1880 Century Park East Second Floor, Los Angeles, CA 90067.
Patient Consent for Privacy Policy:
By clicking the box labeled “Privacy Policy”, I agree to both the Blends and the Blends Provider Privacy Policies described herein, and furthermore, I attest to have read this document carefully, and understand Blends and Blends Provider’s Privacy Policies.
These Terms of Use (“Terms”) govern your access to and use of our non-clinical services, interfaces, and properties, which include but are not limited to websites, mobile applications, software, email, social media and any other service or product contained or offered therein (collectively the “Service”) that are owned or controlled by Barber Surgeons Inc. including its Trademark pending fictional name, Blends, collectively “we,” “us,” and “our”). As part of offering the Service, Barber Surgeons Inc. contracts with Barber Surgeons Guild PC, Justin Edward Rome MD PC, and Barber Surgeons PLLC; collectively “Blends Provider(s)” aka “Provider(s)” to provide online telehealth medical consultations and secure messaging between physicians (each a “Provider”) and their patients. Accordingly, our Service includes the professional medical services provided to you by Blends Providers through its contractual relationship with Barber Surgeons Inc., and your access to and use of these services are subject to these Terms.
These Terms affect your legal rights, responsibilities, and obligations; govern your use of the Service; are legally binding; limit Blends’ liability to you; and require you to indemnify Blends and to settle certain disputes through arbitration. Your acceptance of, and compliance with, these Terms is a condition to your use of our Service and website at https://www.TryBlends.com, as well as other of Blends’ websites and online platforms (collectively, the “Site”).
We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Service. It is your responsibility to check periodically for any changes we may make to these Terms. In addition, these Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.
Our Site and Service are only for users who are eighteen (18) years of age or over. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please email us at help@tryblends.com.
**By clicking “accept” or otherwise using the Service, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms. You agree that information provided by you in connection with our Service shall be governed by our Privacy Policy, which are hereby incorporated and made a part of these Terms. You further agree that you are at least the legal age of majority in the jurisdiction in which you reside and that these Terms apply to you, your dependents, and any other person with access to your Blends Account (collectively “you” and “your”). You understand and accept that we may, in our sole discretion, terminate your access to all or part of our Site and Service at any time, with or without cause, and with or without notice.
If you do not agree to be bound by these Terms, or if you are under the age of eighteen (18), you are not authorized to access or use this Site or our Service and must immediately exit the Site.
Blends DOES NOT PROVIDE MEDICAL ADVICE, MEDICAL SERVICES, OR MEDICAL CARE. Blends contracts with Blends Providers who provide clinical telehealth services. Blends Providers deliver clinical services via the Blends platform to their patients. We offer an online communication platform for these Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers. As set forth below, some of these communications may be by text messages or other communicative mediums that may be insecure, and you specifically acknowledge and consent to the utilization of communicative mediums that may be less secure or vulnerable to unauthorized access associated with the Service.
Providers are independent of Blends and merely use our Site to communicate with you. Blends does not employ or contract with Providers. Providers are independently contracted or employed by Blends Providers. Thus, Providers, and not Blends, are responsible for the quality and appropriateness of the care they render to you, as well as for the security and integrity of any communicative mediums used with you.
Moreover, any information or advice received from a Provider comes from the Provider alone, and not from Blends. Your interactions with Providers via our Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Blends, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service or for any information obtained from the Site. Blends does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. By using our Service, you acknowledge and accept that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk, and you assume full responsibility for all risks associated herewith.
Blends does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service, or the security of any communicative mediums provided by Blends. You will be provided with available Providers based solely on the information you submit to the Site. You are ultimately responsible for choosing your particular Provider.
The content of the Site and the Service, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Blends. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Blends, or in connection with any communications supported by Blends, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While Blends facilitates your selection of, and communications with, Providers, Blends does not provide medical services, and the doctor-patient relationship is between you and the Blends Provider you select.
Medical Emergencies and Urgent Situations
Blends’ SITE AND SERVICE ARE NOT FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS.**** IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Risks of Telehealth Services
By using our Service, you acknowledge the potential risks associated with telehealth services. These risks include but are not limited to the following:
Prescription Policy
Neither Blends nor Blends Providers endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, the Provider will limit supply based upon state regulations and will only prescribe a medication as determined in the Provider’s own discretion and professional judgment. There is no guarantee a prescription will be written. Blends Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Service.
By using our Service, you agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Blends and Blends Providers fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct Blends to transmit that prescription to the pharmacy of your choice.
Not an Insurance Product
Neither Blends nor Blends Providers are insurers. The Service does not include insurance products, and the amounts you pay to Blends or Blends Providers are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
Blends and Blends Providers operate subject to state and federal regulations, and the Service may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Service under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site or the Service is limited exclusively to users located in States within the United States where the Service is available. The Service is not available to users located outside the United States. Accessing the Site or Service from jurisdictions where content is illegal, or where we do not offer Service, is prohibited.
Order Acceptance and Shipment
Your placement of an order does not necessarily ensure that we will accept your order. We may require additional information regarding your order if you have not provided all the information required by us to complete the order. Once a properly completed order and authorization of your form of payment is received, we will process your order and product for shipment. If, for some reason, we determine that we cannot ship your product(s) within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. We do not accept orders from dealers, wholesalers or other customers who intend to resell items offered on our Site.
Typographical Errors and Incorrect Pricing
In the event a product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the product(s) or Service(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
Risk of Loss
All products purchased from our Site are delivered to shipment carriers. The risk of loss and title for such products pass to you when they are delivered to the carrier.
Return Policy
Prescription medications are not eligible for return.
In order to access the Site and the Service, you represent and warrant that you are older than eighteen (18) years old. You agree to fully, accurately, and truthfully create your Blends Account (“Account”) by providing information that includes but is not limited to your name, mailing address, phone number, email address, and password (collectively your “Blends ID”). Your Blends ID and Account are personal to you, and you are solely responsible for maintaining the confidentiality of your Blends ID and Account, and for all activities that occur under said Blends ID or Account. You agree to prohibit anyone else from using your Blends ID and Account and agree to immediately notify Blends of any actual or suspected unauthorized use of your Blends ID or Account. You further agree to notify Blends of any other security concerns of which you become aware. You also accept that access to the Site may be revoked by Blends at any time with or without cause.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; and accessing or using the Site or any portion thereof without authorization, in violation of these Terms or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or circumvent other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Blends will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with this Site or any activity being conducted on this Site.
When you use the Site or Service, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
Blends and Blends Providers may contact you by telephone, mail, text message, or email to verify your account information. Blends and Blends Providers may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Service until you provide the information to us as requested.
By providing your mobile number to us, you agree to be contacted by or on behalf of Blends and Blends at the mobile number you have provided, including via phone call or text message, to receive communications relating to the Site or Service, and you recognize and acknowledge that text messaging is inherently less secure of a method of communication and agree to receive text messages regardless of the level of security associated with them. Such communications may include, without limitation, progress tracking, refill reminders, and checkup reminders. Message and data rates may apply.
**Consent to receive text messages is not a condition of purchasing any of our goods and services, and you are free to opt-out at any time- if you would like to stop receiving text messages, you may opt out in your patient portal settings at any time. Keep in mind that if you stop receiving text messages from us, you may not receive important and helpful information and reminders about your progress and treatment.
With the exception of your electronic medical record, the Service and all of its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively referred to as the “Content”), are all proprietary and owned or controlled by Blends, our licensors, and certain other third parties. All right, title, and interest in and to the Content available via the Service is the exclusive property of and owned by Blends, our licensors or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent or other intellectual property and unfair competition rights and laws to the fullest extent possible.
All rights not expressly granted to you in these Terms are reserved and retained by Blends and its licensors, suppliers, publishers, rights holders, and other content providers. Accordingly, you may not modify, copy, distribute, reproduce, publish, retransmit, disseminate, rent, lease, loan, sell, publish, broadcast, display, circulate, or use the Content, in whole or in part, for any purpose that has not been authorized or approved in writing by Blends, including but not limited to commercial purposes. You are also strictly prohibited from publicly displaying the Content; attempting to decompile or reverse engineer the Content; removing any copyright, trademark, or other proprietary notations from the Content; framing or utilizing framing techniques to enclose or deep-link to the Content; applying metatags or “hidden text” to the Content; or otherwise infringing upon the intellectual property rights of Blends or misusing Blends’ Site or Service.
Blends owns and uses several trademarks on the Service, including but not limited to: Blends, Barber Surgeons Guild, and the CREST logo. All rights reserved.
Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any intellectual property, including without limitation any trademarks, service marks or logos displayed on the Site, without the express written consent of Blends, Blends Providers, or the third party owner of such intellectual property. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow by using the Site or Service. Additionally, you acknowledge and accept that Blends may in its sole discretion delete any information provided by you that it deems to be fraudulent, abusive, defamatory, obscene, or in violation of any intellectual property or ownership rights of any other person or entity.
Some features of the Service may now or in the future allow you to provide content, such as written comments or reviews, to be published or displayed on public areas of the Service (“User Content”). All content submitted by you to the Service may be retained by us indefinitely, even after you terminate your Account. By submitting any User Content, you grant to Blends a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Content in any manner, including to create derivative works, without any compensation or notice to you. Your User Content may be posted and transmitted to others at your own risk. We cannot control the actions of other Users of the Site with whom you may choose to share your User Content.
Although Blends attempts to ensure the integrity and accuracy of the Site and product descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, product descriptions, or other content on the Site. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Blends so that it can be corrected. If a product described on our Site is not as described when you receive it, or the packaging on the Site does not match the product to receive, your sole remedy is to return it to us in unused and undamaged condition. Information contained on the Site may be changed or updated without notice. Additionally, Blends shall have no responsibility or liability for information or content posted to the Site from any non-Blends affiliated third party.
Blends and Blends Providers each reserves complete and sole discretion with respect to the operation of the Site and the Service. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Service, among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carriers. We are not responsible for maintaining information arising from use of the Site or with respect to the Service. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention or destruction policies.
The Service may provide links to other third-party websites (“Linked Sites”). Blends has not reviewed all of the information on the Linked Sites, does not maintain any of the Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site. The content of, including materials and information contained on, any Linked Site is solely the responsibility of the provider of that Linked Site. Blends and is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by Blends of the Linked Site. Use of any such linked web site is at the user’s own risk.
The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of Blends. If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with, the third party or its products and services. Blends makes no representation or warranty as to any Linked Site, content, products or services, and you agree that Blends shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource.
AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES.
11. USER INFORMATION
If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity; or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Blends and Blends that you have the legal right and authorization to provide all User Information to Blends and Blends for use as set forth herein and required by Blends and the Blends Provider.
You further understand and accept that you may not:
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BLENDS AND PROVIDERS FROM AND AGAINST ALL THIRD PARTY CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, AGAINST OR INCURRED BY US ARISING OUT OF ANY USER INFORMATION YOU UPLOAD TO OR TRANSMIT THROUGH THE SITE.
Blends complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.
DMCA Takedown Notices
Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Site. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if Blends has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:
Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE”:
Blends Copyright Agent
2049 Century Park East Suite 3200
Los Angeles, CA 90067-3206
United States of America
Please note if any notification of claimed infringement does not meet the above requirements, Blends has no responsibility to respond to or act on any such defective notification of claimed infringement.
DMCA Counter Notification
If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:
Blends Copyright Agent
2049 Century Park East Suite 3200
Los Angeles, CA 90067-3206
United States of America
THE SITE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. WE ARE ALSO NOT LIABLE FOR THE ACTS OR OMISSIONS OF Blends OR THE PROVIDERS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Blends; its officers, directors, employees, and agents; Blends Providers; and any other affiliates from and against any and all claims, losses, liability, damages, costs, or expenses, including reasonable attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Site or Service or (b) any violations of these Terms by you. If you fail to promptly indemnify and defend a covered claim, Blends shall have the right to defend itself, and in such case, you shall promptly reimburse Blends for all of its associated costs and expenses.
In addition to these Terms, Providers that access or use the Site or our Service are subject to the following supplemental terms (the “Supplemental Terms”). In the event of a conflict between the Supplemental Terms and our main Terms, the Supplemental Terms shall prevail.
To use the Site, a Provider must be a licensed physician contracted or employed by Blends Providers and must agree to comply with all laws, medical board rules, and other rules and regulations applicable to the Provider. A Provider’s relationship with Blends users, including Blends patients, is directly between the Provider and the patient. The patient will never have a physician-patient relationship with Blends. Blends does not practice medicine and offers no medical services. Accordingly, each Provider that accesses or uses Blends’ Site or Service is solely responsible for all agreements, consents, notices, and other interactions with patients and other consumers. Without limiting the generality of the foregoing, each Provider is solely responsible for all billings and collections from patients and other consumers, and Blends shall have no liability whatsoever to any Provider with respect to any amounts owed by any patient or other consumer to a Provider.
Blends does not provide any medical advice, legal advice, or representations regarding any legal or medical issues associated with a Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws or other regulations. Similarly, Blends does not provide any medical advice, legal advice, or representations regarding any goods or services offered by a Provider. Accordingly, every Provider should seek legal counsel regarding any legal or compliance issues and should not rely on any materials or content associated with Blends, its Site, or its Service in determining a Provider’s compliance obligations under law. Each Provider and Blends agree that Blends does not provide any medical or legal advice to any patient, consumer, or other individual.
Providers may only use the Site and Service in accordance with applicable standards of good medical practice. While software products such as the Site and Service can facilitate and improve the quality of service that a Provider can offer patients, many factors, including the provider/patient relationship can affect a patient outcome. Moreover, with intricate and interdependent technologies and complex decision-making, it is often difficult or impossible to accurately determine to what extent and which factors may have affected an outcome. Therefore, each Provider shall be solely responsible for its use of Blends’s Site and Service as well as the provision of medical services to that Provider’s patients.
Each Provider also agrees to release Blends and waive any and all potential claims against Blends as a result of the Provider’s use of the Site and Service and the provision of services to the Provider’s patients. As a result of the complexities and uncertainties inherent in the patient care process, each Provider agrees to defend, indemnify, and hold Blends harmless from any claim that is brought against Blends, regardless of the cause, if such claim arises out of the Provider’s use or operation of the Site or Service. Such claims include those brought by or on behalf of any patient of the Provider as well as any other third party or person bringing a claim against Blends based on a familial or financial relationship with a patient of a Provider.
To the extent applicable, a Provider shall obtain Blends’ prior written consent to any settlement or judgment in which the Provider agrees to any finding of fault of Blends or defect in the Site or Service. In such situations, Blends will promptly (1) notify the Provider in writing of any claim subject to this indemnification, (2) provide the Provider with the information reasonably required for the defense of the same, and (3) grant to the Provider exclusive control over its defense and settlement.
If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity; or (3) contains or transmits a virus or any other harmful component.
Each Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. Providers agree not to contact other users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. Each Provider represents and warrants to Blends that the Provider has the legal right and authorization to upload all Provider Content to the Site. Blends shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Blends desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and sell or distribute such Provider Content, and incorporate such Provider Content into any form, medium, or technology throughout the world. Blends is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to compensate any Provider for any Provider Content; or (3) to respond to any Provider Content.
Blends does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. Each Provider grants Blends the right to use the name that the Provider submits in connection with any Provider Content. Providers agree not to use false email addresses, impersonate any person or entity, or otherwise mislead any patients, consumers, or other individuals as to the origin of any Provider Content. Each Provider is and shall remain solely responsible for the content of any Provider Content the Provider posts to the Site or provides to patients or other consumers. Blends and its affiliates take no responsibility and assume no liability for any Provider Content submitted by a Provider or any other third party.
By accessing the Service, you agree that the statutes and laws of the United States and the state of CA, USA, without regard to conflicts of laws principles, will apply to all matters relating to use of this Site or use of the Service. You further agree that any litigation, action, or proceeding arising out of or related to these Terms shall be subject to the sole and exclusive jurisdiction of the state of CA and that venue shall be in an appropriate state or federal court located in Los Angeles County, CA. You hereby submit to the jurisdiction and venue of said courts and consent to service of process by email in any legal proceeding.
Any dispute, claim, or controversy arising out of or relating in any way to these Terms; the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate; or your use of the Site, including products purchased or Service rendered through the Site, shall be determined by binding arbitration in Los Angeles County, CA. By agreeing to these Terms, you understand and accept that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Blends are each waiving the right to a trial by jury or to participate in a class action. Moreover, you agree that this arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Blends.
If you desire to assert a claim against Blends and elect to seek arbitration, you must first send to Blends, by certified mail, a written notice of your claim (“Notice”). The Notice to Blends should be addressed to: 1880 Century Park East, Suite 200, Los Angeles CA 90067 (“Notice Address”). If Blends desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you.
A Notice, whether sent by you or by Blends, must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If Blends and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Blends may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Blends or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org.
If you are required to pay a filing fee, after Blends receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 (USD). The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and relevant forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address.
The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms and this provision. Unless Blends and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator.
If your claim is for $10,000 (USD) or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000 (USD), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Blends’ last written settlement offer made before an arbitrator was selected, or if Blends did not make a settlement offer before an arbitrator was selected, then Blends will pay you the amount of the award or $1,000 (USD), whichever is greater.
Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
If this arbitration provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and the remaining provisions of these Terms shall remain in full force and effect. Exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for New Castle County, Delaware.
YOU AND Blends AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. Notwithstanding any provision in the AAA Rules to the contrary, any arbitrator that oversees a dispute between you and Blends shall have no authority to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the disputes of different persons into one proceeding, unless you and Blends agree otherwise. The arbitrator may award declaratory or injunctive relief but only in favor of the individual party seeking relief and to the extent necessary to provide relief warranted by that party’s individual claim. Notwithstanding the arbitration provision set forth above, if this provision regarding waiver of class, collective, representative, and private attorney general claims is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding in any court of competent jurisdiction in New York, and not in arbitration.
Unless expressly stated in these Terms, nothing herein is intended to confer any rights or remedies on any persons other than you, Blends, Blends Providers, and our affiliates. Moreover, nothing in these Terms is intended to relieve or discharge the obligations or liability of any third persons to you, Blends, Blends Providers, or our affiliates, nor shall any provision give any third parties any right of subrogation or action against you, Blends, Blends Providers, and our affiliates.
You may not assign, transfer, or delegate these Terms or any part thereof without Blends’ express written consent. Blends may freely transfer, assign, or delegate all or any part of these Terms, and any rights or duties hereunder or thereunder. These Terms will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
These Terms and other Blends documents cited herein constitute the entire agreement between you and Blends and govern your use of the Services, superseding any prior agreements between you and Blends relating to your use of the Services. If any provision of these Terms is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms. The failure of Blends to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms, please write us at:
Blends, Inc. 1880 Century Park East #200, Los Angeles CA 90067 Email: help@tryblends.com
Although Blends will in most circumstances be able to receive your communications, Blends does not guarantee that it will receive such communications timely and accurately and shall not be legally obligated to read, act on, or respond to any such email or other information. Be aware that your email communications to Blends may not be secure and will not be treated as confidential.
Patient Consent for Terms of Service:
By clicking the box labeled “Terms of Service”, I agree to the terms described herein, and furthermore, I attest to have read this document carefully, and understand Blends’ terms of service.