1. Acceptance of Terms

Welcome to the website of AvaOne Heart and Wellness (“AvaOne,” “we,” “us,” or “our”), a service of AvaOne LLC. These Terms and Conditions (“Terms”) govern your access to and use of the website located at avaonewellness.com and any related subdomains (collectively, the “Website”), as well as the services we provide through the Website.

By accessing, browsing, or using the Website, or by submitting any form or information through the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, HIPAA Notice of Privacy Practices, Self-Pay Practice Notice, and Telehealth and Virtual Visit Consent. If you do not agree to these Terms, you must not access or use the Website.

If you are using the Website on behalf of another person or entity, you represent and warrant that you have the authority to bind that person or entity to these Terms.

2. Eligibility to Use Our Services

2.1 Age Requirement

Our Website and services are intended for adults age 18 and older. By using the Website, you represent and warrant that you are at least 18 years old.

2.2 Medicare and Medicaid Eligibility

AvaOne is a self-pay practice. Federal and state law prevents us from providing services to patients who are enrolled in or eligible for Medicare or Medicaid, including on a cash-pay basis. By using our Website to request an appointment or Discovery Assessment, you represent and warrant that:

    • You are NOT currently enrolled in Medicare (including Medicare Part A, Part B, Medicare Advantage, or supplemental Medicare plans) or New Jersey Medicaid (NJ FamilyCare)
    • You are NOT currently eligible for Medicare or Medicaid based on age (65 or older), disability, or financial criteria
    • You will notify AvaOne if your Medicare or Medicaid eligibility status changes at any point during your care

If you are unsure about your Medicare or Medicaid eligibility, please review our Self-Pay Practice Notice at avaonewellness.com/self-pay-practice-notice/ before submitting any request forms. AvaOne will not provide services to Medicare or Medicaid beneficiaries under any circumstances, including cash payment arrangements.

2.3 Self-Pay Acknowledgment

By using the Website to request services, you acknowledge that AvaOne is a self-pay practice, that we do not accept insurance of any kind, and that you will be financially responsible for the full cost of any services you receive. A written Self-Pay Acknowledgment will be provided for your signature prior to your first visit.

3. Website Use

3.1 Permitted Use

The Website is provided for your personal, non-commercial use for the purpose of learning about AvaOne’s services, requesting appointments, and communicating with our practice. You agree to use the Website only for lawful purposes and in accordance with these Terms.

3.2 Prohibited Conduct

You agree that you will NOT:

    • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website
    • Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission
    • Attempt to gain unauthorized access to any portion of the Website, our servers, or any related systems or networks
    • Introduce any viruses, trojan horses, worms, logic bombs, or other harmful material to the Website
    • Impersonate or attempt to impersonate AvaOne, an AvaOne employee, another user, or any other person or entity
    • Use the Website to transmit any advertising, promotional material, “junk mail,” “spam,” or any other similar solicitation
    • Copy, modify, distribute, sell, or lease any part of the Website
    • Reverse engineer or attempt to extract the source code of any software used on the Website
    • Use the Website in any way that violates any applicable federal, state, local, or international law or regulation

3.3 Account Security

Certain features of the Website may require you to provide information about yourself. You agree that all information you provide will be accurate, current, and complete. You are responsible for maintaining the confidentiality of any account credentials associated with your use of the Website and for all activities that occur under your credentials.

4. Not Medical Advice

4.1 Informational Content Only

The content on our Website, including text describing conditions, services, and treatment approaches, is provided for informational and educational purposes only. It does not constitute medical advice, diagnosis, or treatment recommendations for any specific individual.

4.2 No Physician-Patient Relationship

Your use of the Website does not create a physician-patient relationship between you and any AvaOne physician. A physician-patient relationship is established only when you have completed a Discovery Assessment, a subsequent in-person evaluation (Future Self Assessment or Mapping Assessment), signed all required intake forms including the Self-Pay Acknowledgment, and been formally accepted as a patient of AvaOne.

4.3 Seek Professional Medical Advice

Never disregard professional medical advice or delay in seeking it because of information you have read on our Website. If you think you may have a medical emergency, call 911 or your local emergency number immediately. If you are experiencing a mental health crisis, contact the 988 Suicide and Crisis Lifeline or go to your nearest emergency room.

4.4 No Guarantee of Results

We make no representations, warranties, or guarantees regarding health outcomes, symptom improvement, or any other results from any services or information provided by AvaOne. Every patient’s response to treatment is individual, and results cannot be guaranteed.

5. Form Submissions and Communications

5.1 Form Submissions

When you submit a form on our Website (including the Request Assessment form and Contact form), you consent to be contacted by AvaOne through the contact information you provide. This includes contact by telephone, email, and text message (SMS).

5.2 SMS Communications

By providing your telephone number, you consent to receive text messages from AvaOne related to your inquiry, appointments, and administrative matters. Standard message and data rates may apply. You may opt out at any time by replying STOP. For details, please review our Privacy Policy.

5.3 Email Communications

We may communicate with you by email regarding your inquiry, appointments, and administrative matters. You may opt out of non-essential email communications by following the unsubscribe instructions in our emails or by contacting our office.

5.4 Response Time

Our team will typically respond to Website form submissions within one business day. Response times may vary during holidays, weekends, or periods of high volume

6. Payment Terms

6.1 Self-Pay Practice

AvaOne is a self-pay practice. We do not accept insurance, do not submit claims to any insurance company or government program, and do not accept assignment of insurance benefits. Payment is due in full at the time services are rendered.

6.2 Accepted Payment Methods

We accept major credit cards, HSA and FSA payments for services that qualify under IRS rules, and other payment methods as disclosed at the time of service.

6.3 Pricing

Pricing for AvaOne services is discussed with you personally during your complimentary 15-Minute Discovery Assessment. Pricing is personalized to your specific plan and is confirmed in writing before you commit to any service.

6.4 Cancellation and Refund Policy

Our cancellation and refund policy will be provided to you in writing before you commit to any service. Please refer to your patient intake documents or contact our office at (973) 679-6949 for specific cancellation and refund terms applicable to your services.

7. Intellectual Property

7.1 Ownership

The Website, including all content, features, and functionality (including but not limited to text, graphics, logos, images, videos, and software), is owned by AvaOne LLC, its licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial purposes in accordance with these Terms.

7.3 Trademarks

“AvaOne,” “AvaOne Heart and Wellness,” the AvaOne logo, “Map the risk. Restore the body. Build the lifestyle.,” “Future Self Assessment,” “Mapping Assessment,” and other AvaOne marks are trademarks of AvaOne LLC. You may not use these marks without our prior written permission.

8. Third-Party Content and Links

Our Website may contain links to third-party websites, resources, or services that are not owned or controlled by AvaOne. We provide these links for your convenience and do not endorse or assume responsibility for any third-party websites or content. We are not responsible for:

    • The content, accuracy, or opinions expressed on third-party websites
    • The privacy practices of third-party websites
    • Any transaction between you and any third-party website

Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites.

9. Disclaimers

9.1 Website Provided "As Is"

THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AVAONE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 No Warranty of Accuracy

While we make reasonable efforts to ensure that the information on our Website is accurate and current, we do not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or timeliness of any content on the Website.

9.3 No Warranty of Results

Nothing in these Terms or on the Website constitutes a warranty or guarantee of any specific health outcome, treatment result, or benefit from any AvaOne service.

10. Limitation of Liability

10.1 Limitation of Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AVAONE, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

10.2 Exclusions

The limitation of liability set forth above does not apply to:

    • Liability for gross negligence or willful misconduct
    • Any liability that cannot be excluded or limited under applicable law
    • Professional medical liability arising from the provision of medical services, which is governed by applicable New Jersey law

10.3 Basis of the Bargain

You acknowledge that the limitations of liability in these Terms are a fundamental element of the bargain between you and AvaOne and that the Website would not be provided to you without such limitations.

11. Indemnification

You agree to defend, indemnify, and hold harmless AvaOne, its affiliates, licensors, service providers, employees, agents, officers, and directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

    • Your violation of these Terms
    • Your use of the Website in violation of these Terms
    • Your submission of false or misleading information through the Website
    • Your misrepresentation of your Medicare or Medicaid eligibility status
    • Your infringement or violation of any rights of any third party

12. Governing Law

These Terms and any dispute arising out of or relating to them or the Website shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any choice or conflict of law provision or rule.

13. Dispute Resolution

13.1 Informal Resolution

Before filing any legal action related to these Terms or your use of the Website, you agree to first contact us at info@avaonewellness.com to attempt to resolve the dispute informally. AvaOne will make a good-faith effort to resolve any dispute promptly and amicably.

13.2 Jurisdiction and Venue

If informal resolution is unsuccessful, any legal action or proceeding arising out of or related to these Terms or your use of the Website shall be brought exclusively in the state or federal courts located in Middlesex County, New Jersey. You consent to the personal jurisdiction of such courts and waive any objection to venue.

13.3 No Class Actions

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13.4 Statute of Limitations

Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

14. Termination

We reserve the right to terminate or suspend your access to the Website at any time, without prior notice or liability, for any reason, including without limitation if we believe that you have violated these Terms. Upon termination, your right to use the Website will immediately cease.

The following sections will survive termination of these Terms: Sections 7 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Governing Law), 13 (Dispute Resolution), and any other provision that by its nature should survive termination.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the “Last revised” date at the top of these Terms. Material changes will be communicated through our Website or by other reasonable means. Your continued use of the Website following the posting of revised Terms constitutes your acceptance of the changes.

We encourage you to review these Terms periodically

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, HIPAA Notice of Privacy Practices, Self-Pay Practice Notice, and Telehealth and Virtual Visit Consent, constitute the entire agreement between you and AvaOne regarding your use of the Website and supersede all prior agreements and understandings, whether written or oral, relating to the same subject matter.

18. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.

19. Waiver

No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure by AvaOne to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Contact Information

If you have questions about these Terms, please contact us:

 

AvaOne Heart and Wellness
 2 Lincoln Hwy, Suite 311B
 Edison, NJ 08820

 

Phone: (973) 679-6949
 Email: info@avaonewellness.com

21. Related Notices

This HIPAA Notice of Privacy Practices is one of several notices that govern your relationship with AvaOne Heart and Wellness. Please also review: