1. About BMS Wellness MD
- BMS Wellness MD provides wellness, longevity, recovery, performance, diagnostic, medical, and health-optimization services from 505 Chapman Court, Santa Clara, California 95050.
- Phone: (408) 850-2913 · WhatsApp: +1 (408) 707-5531 · Email: admin@bmsmd.com.
2. Eligibility
- You must be at least 18 years old to independently purchase services or enter into an agreement through the website.
- Services for minors must be arranged and authorized by a parent, legal guardian, or legally authorized representative, subject to applicable law and clinical requirements.
- By using the website, you represent that the information you provide is accurate and that you have legal authority to enter into these Terms.
3. No Emergency Services
- BMS’s website, email, text, WhatsApp, booking tools, assessments, and online forms are not emergency services.
- Do not use them for urgent or life-threatening medical concerns.
- For a medical emergency, call 911 or go to the nearest emergency department.
4. Website Information Is Not Medical Advice
- Website content is provided for general educational and informational purposes.
- Viewing the website, completing an online quiz, sending a message, purchasing a service, or requesting information does not by itself establish a physician-patient relationship.
- A physician-patient relationship is established only when BMS or an authorized medical professional accepts you as a patient; any required forms, examinations, consents, and assessments are completed; and the relationship is created in accordance with applicable law and professional standards.
- Do not delay or disregard professional medical advice because of information found on this website.
5. Individual Results Vary
- Wellness, medical, aesthetic, recovery, performance, diagnostic, and longevity services may affect individuals differently.
- BMS does not guarantee weight loss, muscle gain, fat reduction, reversal of aging, prevention or cure of disease, improvement in symptoms, specific laboratory results, specific aesthetic outcomes, increased performance, or any particular clinical or wellness result.
- Results depend on factors that may include health status, age, genetics, medications, nutrition, exercise, adherence, lifestyle, and individual response.
- Before-and-after images, testimonials, examples, statistics, and client experiences do not guarantee that another person will achieve the same result.
6. Medical Screening and Eligibility
- Certain services require medical screening, a Good Faith Examination, laboratory testing, informed consent, medical clearance, or approval by an authorized licensed professional.
- A purchase or appointment request does not guarantee eligibility.
- BMS may delay, modify, decline, or discontinue a service when clinically appropriate, legally required, or necessary for safety.
- Where a client is not eligible for a purchased medical service, BMS will address payment according to the applicable purchase, cancellation, refund, or credit policy.
7. Prescription Services
- Prescription medications and medical treatments are available only where legally permitted and when prescribed by an appropriately licensed professional after required evaluation.
- Submitting payment, completing a form, or requesting a prescription does not guarantee that a medication will be prescribed.
- Prescriptions, dosages, renewals, substitutions, follow-up requirements, and treatment duration remain subject to clinical judgment and applicable law.
- You agree to provide complete and accurate information regarding medical history, current medications, allergies, symptoms, diagnoses, pregnancy or breastfeeding status, contraindications, previous reactions, and other treatments or providers.
- Failure to provide complete information may create serious health risks.
8. Scheduling and Reservations
- Appointments may be scheduled through BMS, Mindbody, telephone, WhatsApp, or another approved platform.
- An appointment is not confirmed until you receive confirmation from BMS or the applicable booking platform.
- Clients should arrive on time and complete all required forms before treatment.
- Late arrival may result in a shortened session, rescheduling, or cancellation without a reduction in fees.
9. Cancellations, Rescheduling, and No-Shows
- Appointments, packages, memberships, consultations, and programs are subject to the cancellation, rescheduling, late-arrival, and no-show terms displayed at the time of booking or included in the client’s service agreement.
- The policy applicable to the specific service or purchase is incorporated into these Terms.
- Where permitted by law, BMS may charge a cancellation or no-show fee or treat a missed session as used when the applicable cancellation period is not followed.
- Contact BMS at (408) 850-2913 as soon as possible to request a schedule change.
10. Prices
- Prices are displayed in U.S. dollars unless otherwise stated.
- Prices, package contents, promotions, discounts, memberships, availability, and financing options may change at any time before purchase.
- BMS will not retroactively change the confirmed price of a completed purchase except to correct clerical errors, technical errors, obvious pricing mistakes, unauthorized promotions, or fraudulent transactions.
- Taxes, third-party fees, laboratory fees, medication costs, supplies, shipping, or professional fees may be charged separately when disclosed.
11. Payments
- You agree to provide current, complete, and accurate billing information.
- Payments may be processed through Mindbody, CareCredit, or another third-party provider.
- By submitting a payment method, you authorize the applicable charges associated with your purchase.
- BMS is not responsible for delays, denials, interruptions, or security practices of independent payment or financing providers.
12. Refunds
- Refund eligibility is governed by the terms displayed at checkout, the specific service agreement, the membership agreement, the package terms, and applicable law.
- Unless otherwise stated in writing, completed services and used sessions are non-refundable.
- Medical products, prescriptions, injections, compounded medications, customized items, laboratory services, and services already performed may be non-refundable where permitted by law.
- Nothing in these Terms limits any non-waivable right available under applicable law.
13. Packages
- Packages are valid only for the purchaser unless transfer is expressly approved.
- Packages may have an expiration date and must be used within the stated validity period.
- Packages cannot ordinarily be exchanged for cash and may be subject to medical eligibility.
- Packages may not be combined with other offers unless stated and may include service-specific limitations.
- The terms shown at purchase control if they differ from these general Terms.
14. Memberships and Recurring Charges
- Memberships may involve recurring monthly charges.
- Before enrollment, BMS will provide applicable membership terms, including price, included services, billing frequency, minimum commitment (if any), renewal terms, cancellation method, restrictions, and excluded services.
- By enrolling, you authorize recurring charges until the membership is canceled in accordance with the membership agreement and applicable law.
- Cancellation does not ordinarily provide a refund for a billing period that has already begun, except where required by law or expressly stated in the membership agreement.
15. Gift Cards
- Gift cards have no cash value except where required by law and cannot be replaced if lost or stolen except where required.
- Gift cards may not be used to purchase other gift cards and may be subject to service availability and medical eligibility.
- Gift cards do not guarantee an appointment at a particular date or time. California gift-card protections will apply where applicable.
16. Financing
- CareCredit or other financing may be available for qualifying purchases.
- Financing approval, terms, interest, promotional periods, and credit decisions are determined exclusively by the financing provider.
- BMS does not guarantee approval and is not the lender. Review all financing documents before accepting an offer.
17. Mindbody and Third-Party Platforms
- Booking and purchase functions may be provided through Mindbody or other third-party platforms.
- Your use of those platforms may be subject to additional terms and privacy policies.
- BMS is not responsible for third-party outages, technical failures, account access problems, payment processing errors, third-party security incidents, or changes to third-party features.
- Please contact BMS if a technical problem affects a confirmed purchase or reservation.
18. Laboratory, Imaging, and Affiliate Services
- BMS may provide referrals, discounts, or coordination involving independent providers such as Function Health, Prenuvo, Cell Science Systems, New Amsterdam Genomics, imaging centers, laboratories, pharmacies, meal-preparation providers, and other affiliates.
- Unless expressly stated otherwise, these organizations are independent parties.
- They control their own scheduling, testing, results, fees, privacy practices, medical decisions, service quality, and availability.
- A referral or affiliate relationship does not constitute a guarantee or endorsement of a particular outcome.
19. Communications and Electronic Consent
- By providing a telephone number or email address, you consent to receive service-related communications from BMS.
- With appropriate consent, communications may include promotional messages. Message and data rates may apply.
- You may opt out of promotional text messages by replying STOP. You may unsubscribe from marketing emails through the unsubscribe link.
- Do not send emergency or highly sensitive medical information through SMS, standard email, social media, or WhatsApp.
20. Website Accounts and Security
- You are responsible for maintaining the confidentiality of your account credentials and devices.
- You agree to notify BMS promptly if you suspect unauthorized access.
- You may not attempt to gain unauthorized access, interfere with website security, introduce malware, scrape or harvest information, impersonate another person, use the website fraudulently, reverse engineer website functionality, or use automated systems to disrupt the website.
21. Intellectual Property
- The website and its content, including text, graphics, branding, photographs, videos, designs, logos, protocols, downloads, and software, are owned by or licensed to BMS and protected by applicable intellectual-property laws.
- You may access the content for personal, noncommercial use.
- You may not copy, reproduce, distribute, modify, sell, publish, display, or commercially exploit the content without prior written authorization.
- Third-party trademarks belong to their respective owners.
22. Testimonials and Images
- Testimonials describe individual experiences and are not promises of typical or guaranteed results.
- Images may be illustrative.
- Client photographs, treatment results, or medical information will be used publicly only with appropriate permission where legally required.
23. Website Availability and Accuracy
- BMS aims to provide accurate and current information but does not warrant that all website content is complete, error-free, or continuously available.
- BMS may update or remove content, services, prices, images, availability, or functionality without notice.
24. Disclaimer of Warranties
- To the fullest extent permitted by law, the website is provided on an “as is” and “as available” basis.
- BMS disclaims warranties not expressly stated in writing, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Nothing in this section excludes warranties that cannot legally be disclaimed.
25. Limitation of Liability
- To the fullest extent permitted by law, BMS and its owners, directors, officers, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from website use.
- This limitation does not apply where liability cannot legally be limited, including liability arising from professional negligence where prohibited by law.
26. Indemnification
- To the extent permitted by law, you agree to indemnify and hold BMS harmless from claims, liabilities, damages, and expenses resulting from your unlawful misuse of the website, your violation of these Terms, fraudulent information you submit, or your infringement of third-party rights.
- This provision does not require a patient to indemnify BMS for BMS’s own professional negligence or unlawful conduct.
27. Governing Law
- These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
- Any legal proceeding relating to the website or these Terms will be brought in a court with appropriate jurisdiction in Santa Clara County, California, unless applicable law requires otherwise.
28. Severability
- If any provision is found unenforceable, the remaining provisions will remain in effect.
29. No Waiver
- Failure to enforce a provision does not waive the right to enforce it later.
30. Changes to These Terms
- BMS may revise these Terms periodically.
- Updates will be posted with a revised “Last Updated” date. Your continued use of the website after an update constitutes acceptance of the revised Terms.
- Changes will not retroactively alter a completed purchase unless permitted by law.
31. Contact
- BMS Wellness MD · 505 Chapman Court, Santa Clara, California 95050.
- Phone: (408) 850-2913 · WhatsApp: +1 (408) 707-5531 · Email: admin@bmsmd.com.
These documents are templates intended for review with qualified legal counsel and may not reflect every regulatory obligation that applies to your situation. Contact us with questions.