Policies of Skincare by Alana

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Terms and Conditions

Welcome to www.skincarebyalana.com (“Site”). This Site is owned by Jared and Alana, Inc. and operated by it and/or its service providers which may perform hosting, processing and/or other services on behalf of Jared and Alana, Inc. Your access to the Site and use of the services and information provided on the Site is governed by these terms and conditions (“Terms and Conditions”), which may be updated by Jared and Alana, Inc. from time to time.

1. You should assume that everything you see or read on the Site is copyrighted and/or trademarked unless otherwise noted and may not be used except as provided in these Terms and Conditions without the prior written consent of Jared & Alana, Inc. Jared & Alana, Inc. neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Jared & Alana, Inc.
2. Jared and Alana, Inc. maintains the Site for your information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial; personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site, including but not limited to, the text, images, audio, and video for public or commercial purposes without the prior written consent of Jared and Alana, Inc.
3. While Jared and Alana, Inc. uses reasonable efforts to include accurate and up to date information in the Site, Jared and Alana, Inc. makes no warranties or representations as to its accuracy. Jared and Alana, Inc. and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, promotions, coupons, services, products or other material on the Site. While Jared and Alana, Inc. strives to keep the information on the Site accurate, complete, and up-to-date, Jared and Alana, Inc. cannot and does not guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
4. Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and Alana and Jared, Inc. reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although Alana and Jared, Inc. has made every effort to display it products accurately as possible, the displayed images and colors of the products depend upon the monitor of the user, and Alana and Jared, Inc. cannot guarantee that the user's monitor will accurately portray the actual images and colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Alana and Jared, Inc.is not responsible for typographical errors regarding price or any other matter.
5. IF YOU ARE DISSATISFIED WITH USE OF THE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES PROVIDED BY ALANA AND JARED, INC.. IF A PRODUCT OFFERED THROUGH THE SITE IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH AT THE SITE.
6. By using the Site you agree to the privacy policy as set forth at www.skincarebyalana.com/privacy-policy-cookie-restriction-mode, the terms of which are incorporated herein by reference.
7. Your use of and browsing in the Site are at your risk. Neither Jared and Alana, Inc. nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you -AS IS- WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL JARED AND ALANA, INC. AND OR ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND/OR SHAREHOLDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF JARED AND ALANA, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Jared and Alana, Inc. also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
8. You agree to indemnify, defend and hold harmless Jared and Alana, Inc. and its affiliates, officers, directors, shareholders, partners and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of these Terms and Conditions.
9. When you use the Site, any services provided by Alana and Jarred, Inc., or send e-mails to Alana and Jared, Inc., you are communicating with it electronically. You consent to receive communications from Alana and Jared, Inc. electronically. Alana and Jared, Inc. will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
10. Any communication or material transmitted by you to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Jared and Alana, Inc. or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, re-transmission, publication, broadcast and posting. Furthermore, Jared and Alana, Inc. is free to use any ideas, concepts, know-how, or techniques contained in any communication sent by you to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
11. Images of people or places displayed on the Site are either the property of, or used with permission by, Jared and Alana, Inc. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
12. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and/or unregistered Trademarks of Jared and Alana, Inc. and others. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of Jared and Alana, Inc. or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Jared and Alana, Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
13. The Site may contain hyperlinks to web sites operated by parties other than Jared and Alana, Inc. Such hyperlinks are provided for your reference only. Jared and Alana, Inc. does not control such web sites, and is not responsible for their contents. Jared and Alana, Inc.'s inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites, or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk. Furthermore, because the privacy policy you just read is applicable only when you are on our Site, once linked to another web site, you should read that site's privacy policy before disclosing any personal information.
14. Jared and Alana, Inc. may make improvements or changes in the information, services, products, and other materials on the Site, or terminate the Site, at any time without notice. Jared and Alana, Inc. may at any time revise these Terms and Conditions by updating this posting, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions. Accordingly, you agree to review the Terms and Conditions periodically, and your continued access or use of the Site shall be deemed your acceptance of the modified Terms and Conditions.
15. These Terms and Conditions and the resolution of any dispute related to these Terms and Conditions or the Site shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Jared and Alana, Inc.'s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between Jared and Alana, Inc. and you related to this agreement or your use of the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California, County of Orange and/or the Central District of California. In the event of any action, suit, or proceeding arising from or based upon this agreement brought by either party hereto against the other, the prevailing party shall be entitled to recover from the other its reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or proceeding.
16. These Terms and Conditions constitute the entire agreement between you and Alana and Jared, Inc. and govern your use of the Site, and they supersede any prior agreements between you and Alana and Jared, Inc. Alana and Jared, Inc. may terminate the agreement represented by these Terms and Conditions as to you and deny you access to the services provided by Alana and Jared, Inc. and the Site at any time, immediately and without notice, if in Alana and Jared, Inc.'s sole discretion you fail to comply with any provision of these Terms and Conditions.
17. You agree that no joint venture, partnership, employment, or agency relationship exists between Alana and Jared, Inc., and you as a result of these Terms and Condition or your use of the Site.
18. The failure of Alana and Jared, Inc. to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms and Conditions shall not affect the enforceability of those portions of these Terms and Condition deemed enforceable by applicable courts of law.
19. You may not assign these Terms and Conditions or any of your rights or obligations under these Terms and Conditions without Alana and Jared, Inc. express written consent. The Terms and Conditions inure to the benefit of Alana and Jared, Inc.’s successors, assigns and licensees.

Updated 01/01/2020

MED SPA BY ALANA & SKINCAREBYALANA.COM

HIPAA NOTICE OF PRIVACY PRACTICES

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND

HOW YOU CAN OBTAIN ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

The terms of this Notice of Privacy Practices (“Notice”) apply to Med Spa By Alana & Skincarebyalana.com, its affiliates and its employees.

Med Spa By Alana & Skincarebyalana.com will share protected health information of patients as necessary to carry out treatment, payment,

and health care operations as permitted by law.

We are required by law to maintain the privacy of our patients' protected health information and to provide patients with notice of our legal duties and privacy practices with respect to protected health information. We are required to abide by the terms of this Notice for as long as it remains in effect. We reserve the right to change the terms of this Notice as necessary and to make a new notice of privacy practices effective for all protected health information maintained by Med Spa By Alana & Skincarebyalana.com. We are required to notify you in the event of a breach of your unsecured protected health information. We are also required to inform you that there may be a provision of state law that relates to the privacy of your health information that may be more stringent than a standard or requirement under the Federal Health Insurance Portability and Accountability Act (“HIPAA”). A copy of any revised Notice of Privacy Practices or information pertaining to a specific State law may be obtained by mailing a request to the Privacy Officer at the address below.

USES AND DISCLOSURES OF YOUR PROTECTED HEALTH INFORMATION:

Authorization and Consent:

Except as outlined below, we will not use or disclose your protected health information for any purpose other than treatment, payment or health care operations unless you have signed a form authorizing such use or disclosure. You have the right to revoke such authorization in writing, with such revocation being effective once we actually receive the writing; however, such revocation shall not be effective to the extent that we have taken any action in reliance on the authorization, or if the authorization was obtained as a condition of obtaining insurance coverage, other law provides the insurer with the right to contest a claim under the policy or the policy itself. Uses and Disclosures for Treatment: We will make uses and disclosures of your protected health information a necessary for your treatment. Doctors and nurses and other professionals involved in your care will use information in your medical record and information that you provide about your symptoms and reactions to your course of treatment that may include procedures, medications, tests, medical history, etc.

Uses and Disclosures for Payment:

We will make uses and disclosures of your protected health information as necessary for payment purposes. During the normal course of business operations, we may forward information regarding your medical procedures and treatment to your insurance company to arrange payment for the services provided to you. We may also use your information to prepare a bill to send to you or to the person responsible for your payment.

Uses and Disclosures for Health Care Operations:

We will make uses and disclosures of your protected health information as necessary, and as permitted by law, for our health care operations, which may include clinical improvement, professional peer review, business management, accreditation and licensing, etc. For instance, we may use and disclose your protected health information for purposes of improving clinical treatment and patient care.

Individuals Involved In Your Care: We may from time to time disclose your protected health information to designated family, friends and others who are involved in your care or in payment of your care in order to facilitate that person's involvement in caring for you or paying for your care. If you are unavailable, incapacitated, or facing an emergency medical situation and we determine that a limited disclosure may be in your best interest, we may share limited protected health information with such individuals without your approval. We may also disclose limited protected health information to a public or private entity that is authorized to assist in disaster relief efforts in order for that entity to locate a family member or other persons that may be involved in some aspect of caring for you.

Business Associates:

Certain aspects and components of our services are performed through contracts with outside persons or organizations, such as auditing, accreditation, outcomes data collection, legal services, etc. At times it may be necessary for us to provide your protected health information to one or more of these outside persons or organizations who assist us with our health care operations. In all cases, we require these associates to appropriately safeguard the privacy of your information.

Appointments and Services:

We may contact you to provide appointment updates or information about your treatment or other health-related benefits and services that may be of interest to you. You have the right to request and we will accommodate reasonable requests by you to receive communications regarding your protected health information from us by alternative means or at alternative locations. For Instance, if you wish appointment reminders to not be left on voice mail or sent to a particular address, we will accommodate reasonable requests. With such request, you must provide an appropriate alternative address or method of contact. You also have the right to request that we not send you any future marketing materials and we will use our best efforts to honor such request. You must make such requests in writing, including your name and address, and send such writing to the Privacy Officer at the address below.

27131 CALLE ARROYO, BUILDING 1700, Suite 1702

Other Uses and Disclosures:

We are permitted and/or required by law to make certain other uses and disclosures of your protected health information without your consent or authorization for the following:

• Any purpose required by law;
• Public health activities such as required reporting of immunizations, disease, injury, birth and death, or inconnection with public health investigations;
• If we suspect child abuse or neglect; if we believe you to be a victim of abuse, neglect or domestic violence;
• To the Food and Drug Administration to report adverse events, product defects, or to participate in product recalls;
• To your employer when we have provided healthcare to at the request of your employer;
• To a government oversight agency conducting audits, investigations, civil or criminal proceedings;
• Court or administrative ordered subpoena or discovery request;
• To law enforcement officials as required by law if we believe you have been the victim of abuse, neglect or

domestic violence. We will only make this disclosure if you agree or when required or authorized by law;

• To coroners and/or funeral directors consistent with law;
• If necessary to arrange an organ or tissue donation from you or a transplant for you;
• If you are a member of the military, we may also release your protected health information for national

security or intelligence activities; and

• To workers' compensation agencies for workers' compensation benefit determination.

DISCLOSURES REQUIRING AUTHORIZATION:

Psychotherapy Notes: We must obtain your specific written authorization prior to disclosing any psychotherapy notes unless otherwise permitted by law. However, there are certain purposes for which we may disclose psychotherapy notes, without obtaining your written authorization, including the following: (1) to carry out certain treatment, payment or healthcare operations (e.g., use for the purposes of your treatment, for our own training, and to defend ourselves in a legal action or other proceeding brought by you), (2) to the Secretary of the Department of Health and Human Services to determine our compliance with the law, (3) as required by law, (4) for health oversight activities authorized by law, (5) to medical examiners or coroners as permitted by state law, or (6) for the purposes of preventing or lessening a serious or imminent threat to the health or safety of a person or the public.

Genetic Information:

We must obtain your specific written authorization prior to using or disclosing your genetic information for treatment, payment or health care operations purposes. We may use or disclose your genetic information, or the genetic information of your child, without your written authorization only where it would be permitted by law.

Marketing:

We must obtain your authorization for any use or disclosure of your protected health information for marketing, except if the communication is in the form of (1) a face-to-face communication with you, or (2) a promotional gift of nominal value.

Sale of Protected Information:

We must obtain your authorization prior to receiving direct or indirect remuneration in exchange for your health information; however, such authorization is not required where the purpose of the exchange is for:

• Public health activities;
• Research purposes, provided that we receive only a reasonable, cost-based fee to cover the cost to prepare and transmit the information for research purposes;
• Treatment and payment purposes;
• Health care operations involving the sale, transfer, merger or consolidation of all or part of our business and for related due diligence;
• Payment we provide to a business associate for activities involving the exchange of protected health information that the business associate undertakes on our behalf (or the subcontractor undertakes on behalf of a business associate) and the only remuneration provided is for the performance of such activities;
• Providing you with a copy of your health information or an accounting of disclosures;
• Disclosures required by law;
• Disclosures of your health information for any other purpose permitted by and in accordance with the Privacy Rule of HIPAA, as long as the only remuneration we receive is a reasonable, cost- based fee to cover the cost to prepare and transmit your health information for such purpose or is a fee otherwise expressly permitted by other law; or
• Any other exceptions allowed by the Department of Health and Human Services.

RIGHTS THAT YOU HAVE REGARDING YOUR PROTECTED HEALTH INFORMATION:

Access to Your Protected Health Information:

You have the right to copy and/or inspect much of the protected health information that we retain on your behalf. For protected health information that we maintain in any electronic designated record set, you may request a copy of such health information in a reasonable electronic format, if readily producible. Requests for access must be made in writing and signed by you or your legal representative. You may obtain a "Patient Access to Health Information Form" from the front office person. You will be charged a reasonable copying fee and actual postage and supply costs for your protected health information. If you request additional copies you will be charged a fee for copying and postage.

Amendments to Your Protected Health Information:

You have the right to request in writing that protected health information that we maintain about you be amended or corrected. We are not obligated to make requested amendments, but we will give each request careful consideration. All amendment requests, must be in writing, signed by you or legal representative, and must state the reasons for the amendment/correction request. If an amendment or correction request is made, we may notify others who work with us if we believe that such notification is necessary. You may obtain an "Amendment Request Form" from the front office person or individual responsible for medical records. Accounting for Disclosures of Your Protected Health Information: You have the right to receive an accounting of certain disclosures made by us of your protected health information. Requests must be made in writing and signed by you or your legal representative. "Accounting Request Forms" are available from the front office person or individual responsible for medical records. The first accounting in any 12-month period is free; you will be charged a fee for each subsequent accounting you request within the same 12-month period. You will be notified of the fee at the time of your request.

 

Restrictions on Use and Disclosure of Your Protected Health Information:

You have the right to request restrictions on uses and disclosures of your protected health information for treatment, payment, or health care operations. We are not required to agree to most restriction requests, but will attempt to accommodate reasonable requests when appropriate. You do, however, have the right to restrict disclosure of your protected health information to a health plan if the disclosure is for the purpose of carrying out payment or healthcare operations and is not otherwise required by law, and the protected health information pertains solely to a health care item or service for which you, or someone other than the health plan on your behalf, has paid Med Spa By Alana & Skincarebyalana.com in full. If we agree to any discretionary restrictions, we reserve the right to remove such restrictions as we appropriate. We will notify you if we remove a restriction imposed in accordance with this paragraph. You also have the right to withdraw, in writing or orally, any restriction by communicating your desire to do so to the individual responsible for medical records. Right to Notice of Breach: We take very seriously the confidentiality of our patients’ information, and we are required by law to protect the privacy and security of your protected health information through appropriate safeguards. Wewillnotifyyouintheeventabreachoccursinvolvingorpotentiallyinvolvingyourunsecured health information and inform you of what steps you may need to take to protect yourself.

Paper Copy of this Notice: You have a right, even if you have agreed to receive notices electronically, to obtain a paper copy of this Notice. To do so, please submit a request to the Privacy Officer at the address below.

Complaints: If you believe your privacy rights have been violated, you can file a complaint in writing with the Privacy Officer. You may also file a complaint with the Secretary of the U.S. Department of Health and Human Services at the below address. There will be no retaliation for filing a complaint.

Office for Civil Rights Department of HHS

Jacob Javits Federal Building 26 Federal Plaza - Suite 3312 New York, NY 10278

Voice Phone (212) 264-3313 FAX (212) 264-3039

TDD (212) 264-2355

For Further Information: If you have questions, need further assistance regarding or would like to submit a request

pursuant to this Notice, you may contact the Med Spa By Alana & Skincarebyalana.com Privacy Officer by phone at (949-290-2294) or at the

following address:

27131 CALLE ARROYO, BUILDING 1700, Suite 1702

SAN JUAN CAPISTRANO, CALIFORNIA 92675

This Notice of Privacy Practices is also available on our Med Spa By Alana & Skincarebyalana.com web page