TERMS OF USE

These Terms of Use (hereinafter referred to as the “Terms”) constitute a legally binding agreement that governs your access to and use of Nola Care's (hereinafter “Nola Care,” “we,” “our,” or “us”) website, mobile applications, and all related platforms, including without limitation any content, functionality, services, features, tools, interfaces, and applications offered through such platforms (collectively, the “Site”). These Terms apply regardless of the device or means of access used to access the Site. When you access or use the Site, you confirm that you have read, understood, and agree to these Terms. If these Terms are not acceptable to you, please discontinue use of the Site.

NO MINORS
You hereby represent and warrant that: (i) you are at least eighteen (18) years of age or older; (ii) you have the legal capacity and authority to enter into and be bound by these Terms; (iii) if you are accepting these Terms on behalf of any entity, you have the authority to bind such entity; and (iv) if you are a resident of a jurisdiction that restricts the use of online services to persons older than eighteen (18) years of age, you comply with all such restrictions. Any use of or access to the Site by anyone under eighteen (18) years of age is strictly prohibited and in violation of these Terms. The Service Provider reserves the right to terminate your access immediately and without notice if it believes, in its sole discretion, that you are under eighteen (18) years of age or otherwise lack the capacity to enter into these Terms.

COPYRIGHT & INTELLECTUAL PROPERTY
All content on this Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, design, source code, object code, documentation, and all other materials (collectively, the "Content"), is the exclusive property of Nola Care and/or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, including without limitation the Florida Uniform Trade Secrets Act (Florida Statutes § 688.001 et seq.). You may not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, frame, scrape, transfer, sell, license, sublicense, reverse engineer, decompile, disassemble, or otherwise exploit any Content for any purpose whatsoever without Nola Care's express prior written consent. Any unauthorized use of the Content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. No implied licenses or rights are granted, and all rights not expressly granted herein are reserved by Nola Care.

PRIVACY & PATIENT INFORMATION
Use of this Site is governed by our Notice of Privacy Practices (in accordance with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA")), Privacy Policy, and Terms of Use, all of which are incorporated by reference herein and may be updated from time to time. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these policies and all applicable updates. Nola Care complies with all applicable federal and Florida state laws and regulations, including but not limited to Florida Statutes Chapter 456 (healthcare practitioner regulation), Chapter 499 (drug, cosmetic, and device regulation), the Florida Information Protection Act of 2014 ("FIPA"), and Florida Administrative Code Rule 64B (healthcare practitioner rules). If any provision of this agreement conflicts with applicable law, such provision shall be deemed modified to comply with applicable law while maintaining its intended effect to the greatest extent possible.

NO MEDICAL ADVICE
The Site and its content are provided for general informational and educational purposes only and do not constitute professional medical advice, diagnosis, treatment recommendations, or establish any standard of care. No information on this Site should be used as a substitute for consultation with qualified healthcare professionals. Accessing or using this Site does not create a provider-patient relationship between you and Nola Care or its affiliated providers. Users should always seek the advice of their physician or other qualified healthcare provider with any questions regarding their health condition.

                         Aesthetic Services Disclaimer: Our services include:

(1) Customized esthetician services tailored to individual skin types and concerns
(2) Cosmetic Botox® administered exclusively for cosmetic purposes by licensed medical professionals
(3) Laser hair removal services available as single sessions or membership plans for both small and large treatment areas
(4) Professional skincare retail products including cleansers, serums, and moisturizers with special member discounts
All services are provided in accordance with Chapter 458, Florida Statutes, and regulations of the Florida Board of Medicine and Board of Nursing. Individual results may vary significantly, and no specific outcome is guaranteed. These services may involve certain risks and side effects which will be discussed during mandatory pre-treatment consultation. All aesthetic services are performed by appropriately licensed professionals in compliance with Florida state requirements.
- Psychiatric & Medical Services Disclaimer: Psychiatric and medical services are provided exclusively by licensed Florida healthcare professionals in compliance with Chapters 458 and 464, Florida Statutes. All services are subject to initial patient evaluation, appropriate medical screening, and written informed consent. Treatment plans are individualized and may be modified or terminated at the provider's professional discretion. Emergency services are not provided through this platform - in case of emergency, please dial 911 or visit your nearest emergency room.
- Telehealth Services: Telehealth services are provided in compliance with Florida Statutes §456.47 and applicable federal regulations. Patients must be physically located within Florida state boundaries at the time of telehealth consultations unless otherwise permitted by law. The provider maintains sole discretion in determining appropriate delivery methods for healthcare services. While technical interruptions may occasionally occur during telehealth sessions, the provider will ensure continuity of care through appropriate alternative arrangements. Patients acknowledge that telehealth services represent a convenient and effective method of healthcare delivery when deemed suitable by the provider.

USER CONDUCT
You agree not to, and are expressly prohibited from engaging in any of the following activities (each a "Prohibited Activity"):
1. Collecting, storing, processing, selling, renting, or misusing personal data of other users in any manner not expressly authorized by Nola Care or applicable law;
2. Impersonating any person, entity, or falsely claiming any affiliation with Nola Care, its employees, agents, or representatives.
3. Transmitting, uploading, or distributing any content that: (i) is unauthorized, unlawful, or violates any applicable laws or regulations; (ii) contains viruses, malware, or other harmful code; or (iii) interferes with the proper functioning of the Site;
4. Infringing, misappropriating, or violating any intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, or patents of Nola Care or any third party.
5. Attempting to or actually: (i) hacking, breaching, or circumventing any security measures; (ii) reverse engineering, decompiling, or disassembling any portion of the Site; (iii) interfering with, disrupting, or creating an undue burden on the Site or its connected networks; or (iv) accessing areas of the Site not intended for authorized users;
6. Posting, transmitting, or distributing any content that is: (i) unlawful, fraudulent, or deceptive; (ii) defamatory, harassing, threatening, or discriminatory; (iii) obscene, pornographic, or sexually explicit; or (iv) otherwise objectionable as determined by Nola Care in its sole discretion.
Any violation of the foregoing prohibitions ("Violation") shall constitute a material breach of this Agreement. Upon any Violation, Nola Care reserves the right, in its sole discretion and without prior notice, to: (a) immediately suspend or permanently terminate your access to the Site; (b) remove or block any content associated with the Violation; (c) report the Violation to appropriate law enforcement authorities; and (d) pursue any other legal or equitable remedies available under applicable law. You agree that Nola Care shall not be liable to you or any third party for any modification, suspension, or discontinuance of your access to the Site resulting from a Violation. 

INSURANCE & PAYMENTS
Patient acknowledges and agrees that: (a) Services provided by Nola Care may be paid directly by Patient (cash pay) or through insurance coverage, and services may or may not be covered by insurance; (b) Patient is solely responsible for verifying insurance coverage, benefits, and pre-authorization requirements with their insurance provider prior to receiving any services; (c) while Nola Care accepts certain insurance plans, Patient understands that not all services may be covered or reimbursable under Florida law or their specific insurance plan; (d) regardless of insurance coverage, Patient remains personally responsible for payment of all charges for services rendered; (e) unless otherwise agreed to in writing by Nola Care, payment in full is due at the time services are rendered; and (f) if insurance coverage is denied for any reason, Patient agrees to be personally responsible for payment of all charges. Nola Care reserves the right to verify insurance coverage but assumes no responsibility for doing so. Any insurance verification provided by Nola Care is not a guarantee of payment by the insurance company.

EMERGENCY DISCLAIMER

CRITICAL EMERGENCY NOTICE - READ CAREFULLY

This Site and its associated services are NOT an emergency response system and are NOT equipped to handle urgent or life-threatening situations. This is a non-emergency telehealth platform only.

WHEN TO SEEK EMERGENCY CARE IMMEDIATELY:
• Chest pain, difficulty breathing, or severe abdominal pain
• Sudden confusion, weakness, or difficulty speaking
• Severe injuries, uncontrolled bleeding, or head trauma
• Thoughts of harming yourself or others
• Any other condition you reasonably believe could be life-threatening

REQUIRED EMERGENCY ACTIONS:
1. For Medical Emergencies: Call 911 or your local emergency services immediately, or go directly to the nearest emergency department/hospital
2. For Mental Health Crises: Dial 988 (National Crisis Lifeline) to speak with trained crisis counselors (available 24/7)
3. For Poison-Related Emergencies: Contact the Poison Control Center at 1-800-222-1222
DO NOT WAIT for a response through this Site or its services under any circumstances. Any delay in seeking appropriate emergency medical care or crisis intervention could result in severe consequences, including but not limited to: serious injury, permanent disability, death, or worsening of your medical condition.
LEGAL DISCLAIMER: By using this Site, you explicitly acknowledge and agree that:
1. Nola Care is not an emergency service provider
2. You assume full responsibility for determining when to seek emergency care
3. Nola Care bears no liability or responsibility for any adverse outcomes, damages, or complications resulting from:
   a) Your decision to use this Site instead of emergency services
   b) Any delay in seeking emergency care
   c) Your reliance on this Site for emergency-related conditions

If you do not agree to these terms, please refrain from using this website and seek appropriate emergency care immediately if needed.

CHANGES TO TERMS
We reserve the right to modify, amend, or update these Terms at any time in our sole discretion by posting updates to the Site. We will provide notice of material changes to these Terms by either: (i) sending an email to the primary email address associated with your account; or (ii) displaying a prominent notice on the Site at least thirty (30) days prior to the effective date of such changes. Non-material changes will become effective immediately upon posting to the Site. Your continued access or use of the Site following notice of any changes to these Terms constitutes your acceptance of such changes, subject to a reasonable review period of 30 days. During this period, you may provide written notice of material objections to changes that substantially impact your rights or obligations. Nola Care reserves the right to determine the validity of such objections and may, in its sole discretion, grant exceptions or modifications to specific changes while maintaining the overall updated Terms. If you do not agree with any modifications to these Terms, you must immediately discontinue access to and use of the Site. It is your responsibility to review these Terms periodically for any updates or changes.

WARRANTIES & LIMITATION OF LIABILITY
The Site and all content, materials, information, software, products and services provided through the Site are provided “as is” and "as available" without warranties or representations of any kind, either express or implied. To the fullest extent permissible under applicable law, Nola Care and its affiliates, licensors, suppliers, advertisers, sponsors and agents hereby expressly disclaim all warranties and representations of any kind, including without limitation: (i) all warranties of merchantability, fitness for a particular purpose, title, non-infringement, and implied warranties arising from course of dealing or course of performance; (ii) all warranties regarding the security, reliability, timeliness, and accuracy of the Site and any content thereon; and (iii) all warranties regarding the transmission or delivery of the Site or any content. To the maximum extent permitted by Florida law, in no event shall Nola Care or its officers, directors, employees, agents, affiliates, successors, assigns, and licensors be liable for any damages whatsoever, whether direct, indirect, incidental, special, consequential, punitive, exemplary or general damages (including but not limited to damages for loss of business profits, business interruption, loss of business information, loss of data, loss of goodwill, work stoppage, hardware or software failure, technology failure, or other pecuniary loss) arising out of or in connection with the use or inability to use the Site or any content thereon, regardless of the form of action, whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if Nola Care has been advised of the possibility of such damages.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Nola Care, its parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, service providers, successors, assigns, and representatives from and against any and all claims, demands, actions, proceedings, liabilities, damages, judgments, awards, losses, costs, expenses, fines, penalties or fees (including reasonable attorneys' fees, costs of investigation, and costs of defense at all levels) arising out of or relating to: (i) your use of or access to the Site; (ii) violation of these Terms; (iii) breach of any applicable laws, rules, or regulations; (iv) your negligence, willful misconduct, or intentional acts; (v) any misrepresentation made by you; or (vi) any action or omission by you that causes harm to any third party, subject to Florida law and public policy limitations. Nola Care shall have the sole right to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not settle any indemnified claim without Nola Care's prior written consent. You agree to cooperate fully with Nola Care in asserting any available defenses and shall promptly reimburse Nola Care for all costs incurred in connection with such defense.

GOVERNING LAW & VENUE
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Orange County, Florida. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its intellectual property rights, confidential information, or other proprietary rights in any court of competent jurisdiction in Orange County, Florida or the U.S. District Court for the Middle District of Florida, Orlando Division. The parties hereby consent to the exclusive personal jurisdiction and venue of these courts for such purposes. The prevailing party in any arbitration or court proceeding shall be entitled to recover its reasonable attorneys' fees and costs.