Terms & Conditions

These terms and conditions (“TAC”) are an agreement between you and Guest House Acupuncture and Chinese Medicine (“Guest House”). These are the rules you agree to follow when using Guest House’s website, https://www.guesthouse-acu.com and or any interactive mobile application that Guest House may develop from time to time (collectively, the “Site”), when you visit the Site or purchase any products from the Site.


The TAC may change. Because your use of the Site means that you agree to these TAC, if we revise and update these TAC, your continued use of the Site will mean that you accept these changes. You agree whether or not to use the Site. If you do not agree to all of these TAC, do not use the Site.


Use of the Site is available only to individuals who are at least 18 years old or who have the consent of a parent or other guardian. Therefore, by using the Site, you represent and warrant that you are at least 18 years old or have had a parent or other legal guardian review and accept these TAC. These TAC are void wherever use of the Site is prohibited by law. These TAC apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.


You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described on the Site) to enable use of the Site, including but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Site. Guest House reserves the right to change the access configuration, including any software, hardware, or other requirements of the Site at any time without prior notice.


The Site and the information and content available through the Site are protected by copyright laws throughout the world. Subject to these TAC, Guest House grants you a limited, non-transferable, and revocable license to access and use the Site for your personal use. Unless otherwise specified by Guest House in a separate license, your right to use the Site is subject to these TAC and all rights are reserved by Guest House. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights incorporated in or accompanying this Site.


YOUR RELATIONSHIP WITH GUEST HOUSE

The information provided on the Site is for purposes of improving your wellness only and is not intended to provide medical advice, diagnosis, or treatment. Any interaction between you and Guest House is not intended to create, nor does it create, any doctor-patient relationship. Use of the Site is for information services only. The Site is not intended to be a substitute for professional medical advice, diagnosis, treatment, or recommendation regarding medication. Guest House does not warrant the accuracy, completeness, or usefulness of any information you may obtain through the Site. Any reliance you place on such information is strictly at your own risk. Guest House disclaims all liability and responsibility arising from any reliance placed on such information by you or anyone who may otherwise receive such information. Furthermore, you should not interpret any information from the Site as recommending any specific treatment plan, product, or course of action. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.


USER CONTENT AND COMMUNICATIONS


You are responsible for all content that you post, upload, store, transmit, or otherwise provide through the Site (“User Content”). Guest House reserves the right to remove or edit your User Content or any other content that it believes to be offensive. 

You automatically grant Guest House a perpetual, worldwide, royalty-free, irrevocable, and non-exclusive right and license to use, reproduce, modify, display, adapt, and publish your User Content to enable Guest House to operate the Site.


PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these TAC. Additionally, you agree not to use the Site: 

  • In any way that violates any applicable federal, state, local, or international law or regulation;

  • In any way that infringes or violates any intellectual property rights or any other rights of any other party;

  • For the purposes of exploiting, harming, or attempting to harm minors in any manner;

  • To transmit or procure the sending of any advertising or promotional material without Guest House’s prior written consent;

  • To impersonate or attempt to impersonate Guest House, its employees, or any other person or entity;

  • To engage in conduct that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, or that restricts or inhibits anyone’s use or enjoyment of the Site, or which may otherwise expose Guest House or any other individual to liability;

  • In any manner that could disable, overburden, damage, or impair the Site or interfere with any individual’s use of the Site; 

  • In an attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or any computer, server, or database connected with the Site; 

  • To reverse-engineer or otherwise attempt to obtain the source code or underlying ideas or information related to the Site; or

  • To otherwise attempt to interfere with the proper working of the Site.


INTELLECTUAL PROPERTY RIGHTS


Content displayed on the Site may be owned by Guest House or provided through arrangement with other parties, including other Users of the Site or third-party providers. Unauthorized use of content on the Site may violate copyright, trademark, or other intellectual property laws. You have no right in or to content on the Site and you may not use such content except as permitted under these TAC.


THIRD PARTY PRODUCTS AND SERVICES


Guest House is not responsible for examining or evaluating any products, advice, or services offered by any third parties whose icons, products, advice, services, or links appears on or through the Site. This includes links contained in advertisements, including banner advertisements and sponsored links. Guest House has no control over the contents of those websites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of such websites or resources. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Guest House makes no representations, warranties, or conditions regarding the offerings of any third party. You accept that the purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from a third party is solely between you and the third party. You further accept that Guest House will not be a party to or be in any way responsible for monitoring any transaction between you and a third party.


PERSONAL DATA

Guest House may collect information you provide when using the Site, including, but not limited to:

  • Personal identifying information and contact information;

  • Account registration information;

  • Demographic and geolocation data;

  • Computer, mobile device, and/or browser information (e.g., IP address, operating system, connection speed, browser type, cookies, and hardware and software attributes); 

  • Usage activity concerning your interactions with the Site and/or third-party websites, networks, or applications accessed through the Site (e.g., viewing habits, viewing preferences, viewing history, number of clicks on a page, etc.); 

  • Billing, payment, and shipping information.

If you visit or access the Site with your mobile device, then Guest House may collect additional categories of information, including:

  • The name associated with your mobile device;

  • The telephone number associated with your mobile device;

  • Your geolocation;

  • With your express written consent, information about third-party software applications on your mobile device (including, without limitation, general software applications, downloadable software applications, and social media applications).


HOW INFORMATION IS COLLECTED

Guest House may collect your information when you (1) visit, access, or use the Site; (2) when you register with or subscribe to use the Site; (3) when you sign into the Site; (4) when you interact with the Site on any social media platforms; (5) when you allow the Site to access, upload, download, import, or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access, or use the Site) or online accounts with third-party websites, platforms, servers, or applications; (6) when Guest House asks you for such information. In addition, if you send Guest House any communication or message through the Site, Guest House may collect any information provided therein.

Additionally, Guest House may use various tracking, data aggregation, and/or data analysis technologies, including, for example, the following: cookies, flash cookies, web beacons, scripts, and analytics tools and services.

Please be advised that if you choose to block, reject, disable, delete, or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation, and data analysis technologies, then certain areas of the Site might not function properly.

By visiting, accessing, or using the Site, you acknowledge and agree in such instance that you are giving Guest House permission to monitor or track your activity on the Site, and that Guest House may use the aforementioned technologies and/or tracking, data aggregation, and data analysis technologies.


USE OF INFORMATION

In connection with your use of the Site, Guest House may use your information for a number of purposes, including, but not limited to:

  • Verifying your identity;

  • Confirming your location;

  • Administering your account;

  • Processing your payments;

  • Facilitating your use of the Site;

  • Communicating with you through email or other forms of communication, including providing you with information regarding Guest House’s products and/or related promotions;

  • Providing you with customer support;

  • Improving and optimizing the Site (for example, by generating analytics about how visitors browse and interact with the Site and to assess the success of marketing and advertising campaigns);

  • Analyzing traffic to and use of the Site;

  • Protecting or enforcing Guest House’s rights and properties and the rights and properties of others;

  • When required by applicable law, court order, or other governmental authority; and

  • In any other way Guest House believes in good faith is necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations, or properties of Guest House or anyone else who may be harmed by such activities, or to further Guest House’s legitimate business interests).

Guest House may de-identify your information and use, create, and sell such de-identified information for any business or other purposes not prohibited by applicable law.


SHARING YOUR PERSONAL INFORMATION

Guest House shares your Personal Information with third parties to help use your Personal Information, as described above. For example, Guest House uses Google Analytics to help understand how visitors use the Site – you can read more about how Google uses your Personal information here: https://www.google.com/intl/en/policies/privacy. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, Guest House may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.


DATA RETENTION

Guest House may retain your information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to operate the Site. Guest House may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by Guest House or as required by law.

INDEMNITY AND LIMITATION OF LIABILITY

You agree to indemnify Guest House (and its officers, directors, employees, agents, and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from or relating to your use of and access to the Site (including, without limitation, any decisions, actions, or omissions you make based on any content on the Site).

Under no circumstances, including, but not limited to, negligence, shall Guest House be liable for any damages (including, without limitation, special or consequential damages) that result from the use of, or the inability to use, the product provided by the Site even if Guest House or one of its authorized representatives has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

You hereby release and forever waive and discharge any and all claims and liabilities you may have against Guest House from any and all matters relating to your use of the Site.

If you do not agree to these terms and conditions or if you seek to assert any claim against Guest House arising out of or relating to these terms and conditions or your use of the Site, your sole and exclusive remedy is to discontinue use the Site.


GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION

These TAC will be governed by the laws of the State of New York, without regard to conflict-of-law principles, Subject to the arbitration provision stated below, you agree that the resolution of any dispute or claim arising out of or related to these TAC will be subject to the exclusive jurisdiction and venue in the state and federal courts in the State of New York, County of New York.

If you believe that you have a dispute or claim against Guest House arising out of your use of the Site or under these TAC, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give Guest House written notice, which will include your full name, contact information, the nature and basis giving rise to your dispute or claim, as well as your proposed resolution.

If you and Guest House are unable to resolve your concerns informally within 30 days after you provide notice, you may commence an arbitration proceeding against Guest House, which means you are agreeing to waive your right to sue in court, have a jury trial, and lead or participate in a class action. Any such arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”), then in effect. Further, you agree that no arbitrator shall consolidate any other person’s claims with your claims and may not otherwise preside over form of multi-party or class proceeding. You also agree that the award of an arbitrator will be final and binding. You agree that Guest House may seek interim or preliminary relief from a court of competent jurisdiction in New York as necessary to protects its rights or property pending the completion of arbitration.

You must file a demand for arbitration with JAMS withing one (1) year after the date your claim arose, or within the shortest time period permitted by applicable law. Otherwise your claim is waived.

Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or equitable relief at any time, from any court of competent jurisdiction.


MISCELLANEOUS

If any provision of these TAC shall be deemed unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from these TAC and shall not affect the validity or enforceability of any remaining provisions. The failure of either you or Guest House to exercise, in any way, any right herein shall be deemed a waiver of any further rights hereunder. These TAC constitute the entire agreement between you and Guest House relating to the subject matter herein. You and Guest House agree that there are no third party beneficiaries intended under these TAC.

These TAC may be subject to change. If Guest House makes any changes, we will revise the “last modified” date at the bottom of this document. Guest House encourages you to review these TAC periodically. Your continued use of the Site constitutes your agreement to such change TAC.


CONTACT GUEST HOUSE

For more information about our terms of use and privacy practices, if you have questions, or if you would like to make a complaint, please contact Guest House by email at info@guesthouse-acu.com.