Acceptance
It is important that you read all the following terms and conditions carefully. This Terms of Use
Agreement (“Agreement”) is a legal agreement between you and Athena Wellness Center and Crystal Broussard, MD., the owner and operator (“Owner”) of this Website (the “Website”). It states the terms and
conditions under which you may access and use the Website and all written and other materials
displayed or made available through the Website, including, without limitation, articles, text, photographs,
images, illustrations, audio clips, video clips, computer software, and code (the “Content”). By accessing
and using the Website, you are indicating your acceptance to be bound by the terms and conditions of
this Agreement. If you do not accept these terms and conditions, you must not access or use the
Website. The Owner may revise this Agreement at any time by updating this posting. Use of the Website
after such changes are posted will signify your acceptance of these revised terms. You should visit this
page periodically to review this Agreement.
Medical emergency
Do NOT use the Website for medical emergencies. If you have a medical emergency, call a physician or
qualified healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt
self-treatment based on anything you have seen or read on the Website.
General information is not medical advice
The general information provided on the Website is for informational purposes only and is not
professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore.
Always seek the advice of your physician or other qualified health provider properly licensed to practise
medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any
information obtained from this Website and any medical condition you believe may be relevant to you or
to someone else. Never disregard professional medical advice or delay in seeking it because of
something you have read on this Website. Always consult with your physician or other qualified
healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained
on the Website is not exhaustive and does not cover all diseases, ailments, physical conditions, or their
treatment.
No physician-patient relationship
The presentation of general information on the Website does not establish a physician-patient
relationship between you and the Owner (or any of its physicians) and is not intended as a solicitation of
individuals to become patients or clients of the Owner (or any of its physicians). This section does not
apply to the extent that you are using the Website to communicate with a physician with whom you have
an existing physician-patient relationship.
No endorsements
Unless specifically stated, the Owner does not recommend or endorse any specific brand of products,
services, procedures, or other information that appears or that may be advertised on the Website.
Patient portal services
If you are an existing patient, the Website may allow you to communicate with the Owner and your
physician(s) by email or by some other electronic means. Communications sent by you to the Owner or
your physician, or to you by the Owner or your physician via email or this Website may not be secure and
may be accessible by third parties. Any use or disclosure of personal information provided by you shall
be in accordance with our privacy policy.
The Owner may issue to you a username (“Username”) and a password (“Password”) to permit you to
access the patient portal portion of the Website. You are solely responsible for the confidentiality and use
of your Username and Password.
Email communication with the public
The Owner does not wish to use this Website as a means of communication with the public
(i) regarding questions or issues of a medical nature; (ii) to establish physician-patient relationships; (iii)
to book or cancel appointments; or (iv) for inquiries regarding fees, services, or similar matters. Email
communications regarding such matters will not be responded to and will be discarded unread. If you are
not an existing patient and you wish to contact the Owner or its physicians regarding medical questions
or issues or with regard to appointments, accounts, or other questions, please do so by telephone, fax, or
regular mail in the manner set out in the Website.
Disclaimer of warranties
The Website and the Content are provided “AS IS” and “AS AVAILABLE.” While the Owner endeavours
to provide information that is correct, accurate, current, and timely, the Owner makes no representations,
warranties, or covenants, express or implied, regarding the Website and the Content including, without
limitation, no representation, warranty, or covenant that (i) the Content contained in or made available
through the Website or any item(s) made available on or through the Website will be of merchantable
quality and/or fit for a particular purpose; (ii) the Website or Content will be accurate, complete, current,
reliable, timely, or suitable for any particular purpose; (iii) that the operation of the Website will be
uninterrupted or error-free; (iv) that defects or errors in the Website or the Content, be it human or
computer errors, will be corrected; (v) that the Website will be free from viruses or harmful components;
and (vi) that communications to or from the Website will be secure and/or not intercepted.
You acknowledge and agree that your access
Limitation of liability
In no event shall the Owner, its physicians, officers, directors, employees, agents, licensors, and their
respective successors and assigns be liable for damages of any kind, including, without limitation, any
direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any
loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful
death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in
connection with your use, misuse, or reliance upon the Website or the Content, or your inability to use the
Website, regardless of the cause and whether arising in contract (including fundamental breach), tort
(including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or
ought to have known of the possibility of such damages.
The Owner also expressly disclaims any and all liability for the acts, omissions, and conduct of any
third-party user of the Website, or any advertiser or sponsor of the Website (“third-party”). Under no
circumstances shall the Owner, its physicians, officers, directors, employees, agents, licensors, and their
respective successors and assigns, be liable for any injury, loss, damage (including direct, special,
indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever
from (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or
inability to use any materials, content, goods, or services located at, or made available at, any Website
linked to or from the Website, regardless of the cause and whether arising in contract (including
fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if
the Owner knew of or ought to have known of the possibility of such damages.
Indemnity
You agree to indemnify, defend, and hold harmless the Owner and its physicians, officers, directors,
employees, agents, licensors, and their respective successors and assigns, from and against any and all
claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and
disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of
this Agreement; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Website,
the Content, or any Website to which the Website is or may be linked to from time to time or; (iii) your use
of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including
the Content) on or from the Website.
Copyright
The Content is protected by copyright law and is owned by the Owner and its licensors, or the party
accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the
Content, including modification, transmission, presentation, distribution, republication, or other
exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express
prior written consent of the Owner.
Limited licence
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nontransferable,
and non-exclusive licence to access, view, and use the Website and the Content for your
personal, non-commercial use. You are granted the right to download, store, and/or print single copies of
items comprising the Content for your personal, non-commercial use, provided that you maintain all
copyright and other notices contained in such Content. You may not copy and/or repost items comprising
the Content online. You must also abide by any additional requirements governing the use of any specific
Content that may be set out in the Website. In the event of a conflict between the terms of a licence
governing specific Content and this Agreement, the terms of the specific licence shall govern.
Trademarks
This site contains trademarks of the Owner. Other names, words, titles, phrases, logos, designs,
graphics, icons, and trademarks displayed on the Website may constitute registered or unregistered
trademarks of the Owner or third parties. While certain trademarks of third parties may be used by the
Owner under license, the display of third-party trademarks on the Website should not be taken to imply
any relationship or license between the Owner and the owner of the trademark or to imply that the Owner
endorses the wares, services, or business of the owner of the said trademark.
Linking
The Website contains links to third-party Websites. These links are provided solely as a convenience to
you and not as an endorsement by the Owner of any third-party Website or the content thereof. Unless
expressly stated, the Owner does not operate any third-party Website linked to the Website and is not
responsible for the content of any third-party Website, nor does it make any representation, warranty, or
covenant of any kind regarding any third-party Website including, without limitation, (i) any
representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness,
timeliness, or suitability of any content on such third-party Websites; (ii) any representation, warranty, or
covenant regarding the merchantability and/or fitness for a particular purpose of any third-party Websites
or material, content, software, goods, or services located at or made available through such third-party
Websites; or (iii) any representation, warranty, or covenant that the operation of such third-party
Websites will be uninterrupted or error free, that defects or errors in such third-party Websites will be
corrected, or that such third-party Websites will be free from viruses or other harmful components.
While the Owner encourages links to the Website, it does not wish to be linked to or from any third-party
Website which contains, posts, or transmits any unlawful or indecent information of any kind, including,
without limitation (i) any content constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any local, state, provincial, territorial, national,
international law or regulation which may be damaging or detrimental to the activities, operations,
credibility, or integrity of the Owner; or (ii) any Website which contains, posts, or transmits any material or
information of any kind which violates or infringes upon the rights of others, including material which is an
invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary
rights. The Owner reserves the right to prohibit or refuse to accept any link to the Website, including,
without limitation, any link which contains or makes available any content or information of the foregoing
nature, at any time. You agree to remove any link you may have to the Website upon the request of the
Owner.
Submissions
The Website may provide features which allow you to post messages and content to designated areas on
the Website, to participate in chat groups, to interact with the Owner and other users and to upload files,
documents, or other materials (“Submission(s)”). Submissions do not include communications between
you and your physician pursuant to the physician-patient relationship. The Owner does not control the
content of any Submissions and has no obligation to monitor the Submissions. However, the Owner
reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or
governmental or law enforcement request, or to edit, refuse to post, or refuse to remove any Submission,
in whole or in part, that, in the Owner’s sole discretion, are objectionable or in violation of this Agreement.
You acknowledge that you alone are responsible for the content of your Submissions and the
consequences thereof.
Rules of conduct regarding Submissions
When using any of the features of the Website which allow you to post, upload, or make Submissions, it
is a condition of your use of the Website that you do not:
- Restrict or inhibit any other user from using and enjoying the Website, interfere or attempt to
interfere with the proper workings of the Website, or do anything, which in the sole discretion of
the Owner, imposes an unreasonable or disproportionately large load on the Website
infrastructure;
- Post or transmit any unlawful, abusive, defamatory, or obscene information of any kind,
including, without limitation, any submission constituting or encouraging conduct that would
constitute a criminal offence, give rise to civil liability or otherwise violate any local, state,
provincial, territorial, national, or international law or regulation;
- Post or transmit any Submission, including, without limitation, articles, images, stories, software,
or other material, which violates or infringes upon the rights of others, including material which is
an invasion of privacy or publicity rights, or which is protected by any intellectual property rights,
including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights
herein, or derivative works with respect thereto, without first obtaining permission from the Owner
or rights holder;
- Post or transmit any Submission which contains a virus or other harmful component;
- Post or transmit “junk mail,” “chain letters,” unsolicited mass mailing, or “spam”; and
- Use or “mine” the Website for commercial purposes, including, without limitation, posting,
uploading, or transmitting any Submission which contains advertising, which engages in
commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising,
and pyramid schemes.
Grant of license regarding Submissions
By posting or uploading Submissions to the Website, you grant the Owner a royalty-free, perpetual, nonexclusive,
irrevocable, unrestricted, worldwide license to (i) use, reproduce, store, adapt, translate,
modify, make derivative works from, transmit, distribute, publicly perform, or display such Submissions
for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the
foregoing rights. In addition to the grant of the above license, you hereby (i) waive all moral rights in your
Submission in favor of the Owner; (ii) consent to your name, address, and e-mail appearing as the
contributor of your submission, where applicable, and to the disclosure and display of such information
and any other information which appears in or is associated with your Submission; (iii) acknowledge and
agree that the Owner is not responsible for any loss, damage, or corruption that may occur to your
Submission; and (iv) acknowledge and agree that your Submission will be non-confidential.
Passwords
You are responsible for maintaining the confidentiality of the Password you use in association with your
account and are responsible for all activities that occur under your User Name and Password. You agree
to notify the Owner immediately of any unauthorized use of your Password or account or any other
breach of security, and to ensure that you exit from your account at the end of each session. The Owner
will not be liable for any loss or damage arising from the Owner’s failure or your failure to protect your
Password or account information.
Software license and ownership
All software embedded in or located on or at the Website, including, without limitation, all computer code
of all types, including all files and/or images contained in or generated by such software (“Software”) is
protected by copyright and may be protected by other rights. All such Software is owned by the Owner,
its licensors, or the party accredited with ownership of such Software. You are hereby granted the right to
access and use the Software embedded and integrated into the Website, subject to (i) the terms and
conditions of this Agreement; and (ii) any additional conditions which may be imposed on your access
and use of such Software.
If the Website provides Software for download, unless otherwise provided, you are hereby granted,
subject to the terms of this Agreement and to any other specific terms and conditions that may apply to
your downloading and use of such Software, a personal, non-transferable, non-exclusive licence to
(i) install and run one copy of the Software in object code format on a non-networked computer for your
personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install,
run, and make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you may not (i) use, reproduce, modify,
adapt, translate, upload, download, or transmit the Software in whole or in part; (ii) sell, rent, lease,
license, transfer, or otherwise provide access to the Software; (iii) alter, remove, or cover any trademarks
or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract, or
reverse engineer the Software or assist others in doing so.
Other than the limited license granted herein, nothing contained in the Website shall be construed as
granting you any right, title, interest, or other license in or to any Software embedded or integrated into
the Website or made available for download from the Website, including, but not limited, to any
intellectual property rights in the Software.
All Software embedded or integrated into the Website is provided “as is,” without warranties of any kind,
either expressed or implied, including, without limitation, any warranty (i) that the Software is of
merchantable quality and/or is fit for any particular purpose; (ii) that the Software will conform with any
specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that
the Software contains no computer viruses or other contaminants; or (v) that the Software shall process
date and time-related data without causing any processing interruptions, abnormal termination, or
process or manipulate any time-related data.
Tools
Any tools or calculators provided on the Website are provided for general and illustrative purposes only.
Such tools and/or calculators are not medical advice nor are they intended to be a substitute therefor.
You should not act or abstain from acting based on any information provided by any such tool or
calculator available on this Website.
Security
Any information sent or received over the Internet is generally not secure. The Owner cannot guarantee
the security or confidentiality of any communication to or from the Website.
Modification to Website
The Owner reserves the right any time, and from time to time, to modify or discontinue, temporarily or
permanently, the Website (or any part thereof) with or without notice to you. The Owner shall have no
liability to you or any third party for any modifications, suspension, or discontinuance of the Website or
any part thereof.
Use prohibited where contrary to law
Use of this Website is unauthorized in any jurisdiction where the Website or any of the Content may
violate any laws or regulations. You agree not to access or use the Website in such jurisdictions. You
agree that you are responsible for compliance with all applicable laws or regulations.
Governing law and jurisdiction
The Website is operated by the Owner from its offices within the United States. Crystal Broussard, MD is licensed by The Texas Medical Board to practice
Medicine. You agree that all matters relating to your access or use of the Website and its
Content shall be governed by the laws of Texas and the United States and the laws of such
applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the
exclusive and preferential jurisdiction of the courts of the state of Texas with respect to all
matters relating to your access and use of the Website and the Content as well as any dispute that may
arise therefrom and that the applicable law shall be the law of the province of Texas and of the United States.
Waiver
Any consent by the Owner to, or waiver of, a breach of this Agreement which you have committed,
whether express or implied, shall not constitute a consent to, or waiver of any other, different or
subsequent breach.
Severability
The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein
shall not affect the validity or enforceability of any other provision or covenant contained herein and any
such invalid provision or covenant shall be deemed severable from the rest of this Agreement.
Notice
Questions or comments regarding the Website should be directed by email to contact@athenawellnesscenter.com.
Termination
The Owner may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the
Website, at any time without notice. In the event of termination, you are no longer authorized to access
the Website, or the part of the Website affected by such cancellation or termination. The restrictions
imposed on you with respect to material downloaded from the Website and the disclaimers and
limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. The Owner
shall not be liable to any party for such termination.
Entire Agreement
This is the entire Agreement between you and the Owner relating to your access and use of the Website.
NOTICE CONCERNING COMPLAINTS, Complaints
about physicians, as well as other licensees and
registrants of the Texas Medical Board, including
physician assistants, acupuncturists, and surgical
assistants may be reported for investigation at the
following address:
Texas Medical Board, Attention:
Investigations, 333 Guadalupe, Tower 3, Suite 610,
P.O. Box 2018, MC -263,
Austin, Texas 78768-2018
Assistance in filing a complaint is available by calling
the following telephone number:
1-800-201-9353
For more information, please visit our website at
www.tmb.state.tx.us.
