Last Updated: March 1, 2025
Welcome to WITHiN TCM, operated by Kelly Duignan, Licensed Acupuncturist ("we," "us," or "our"). By accessing and using our website, you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, please do not use our website. These Terms constitute a legally binding agreement between you and WITHiN TCM. Please read them carefully.
Our website is provided for informational purposes only. The content on this website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.
The information on our website does not create a practitioner-patient relationship. No practitioner-patient relationship is established until you have been accepted as a patient, signed all required forms, and received services in person from Kelly Duignan.
While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on the website. Any reliance you place on such information is therefore strictly at your own risk.
All content on this website, including but not limited to text, graphics, logos, images, videos, and software, is the property of WITHiN TCM and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, display, or create derivative works from any content without our prior written consent.
You may view and download material from this website for your own personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact.
When using our website, you agree not to:
To the maximum extent permitted by law, WITHiN TCM and Kelly Duignan shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your access to or use of (or inability to access or use) our website or any content thereon.
Under no circumstance shall WITHiN TCM or Kelly Duignan be liable for any errors, inaccuracies, omissions, or other defects in the information or content provided by the website, or for any damage that results from your use of, or inability to use, the website.
You agree to defend, indemnify, and hold harmless WITHiN TCM, Kelly Duignan, and our licensees, service providers, and respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 or your use of the website.
All appointment scheduling and health-related communications are conducted in person or through direct contact methods, not through our website. By emailing info@WITHiNTCM.com, you understand that basic contact information may be collected but no health information will be requested or stored electronically, in compliance with HIPAA regulations.
Any email communications to and from WITHiN TCM are not encrypted and therefore may not be secure. While we take reasonable precautions to protect your information, electronic communications may be intercepted by third parties or transmitted incorrectly, and therefore can be subject to risks inherent in electronic communications.
Our website may contain links to third-party websites that are not owned or controlled by WITHiN TCM. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party websites you visit.
We do not endorse any third-party websites, products, or services, and the inclusion of any link does not imply endorsement by WITHiN TCM.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in New York, New York, and you hereby consent to the personal jurisdiction and venue of such courts.
Any dispute arising out of or relating to these Terms or your use of the website shall first be attempted to be resolved through good faith negotiation. If such negotiations do not resolve the dispute within sixty (60) days, you agree that any claim shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New York, New York, and shall be conducted in the English language.
Notwithstanding the foregoing, WITHiN TCM may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
No waiver by WITHiN TCM of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of WITHiN TCM to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
We reserve the right to modify these Terms of Service at any time at our sole discretion. Changes will be effective immediately upon posting to the website. Your continued use of the website after any changes indicates your acceptance of the modified Terms. It is your responsibility to check these Terms periodically for changes.
These Terms of Service, together with our Privacy Policy, constitute the sole and entire agreement between you and WITHiN TCM with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the website.
If you have any questions about these Terms of Service, please contact us at info@WITHiNTCM.com. By using the WITHiN TCM website, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.