Effective date: 01/03/2019
Welcome to Luna. Please read on to learn the rules and restrictions that govern your use of our website(s) and applications (the “Services”). It is important that you read and understand these terms before you use our Services. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Luna; Attention – Privacy Officer
68 Willow Road
Menlo Park, California, 94025
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on our website(s) and applications, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by Luna as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and Luna.
What about my privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
We also do not knowingly collect or solicit personally identifiable information from individuals residing outside of the United States. If you reside outside of the United States, please do not attempt to use the Services or send any personal information about yourself to us. If we learn we have collected personal information from an individual residing outside of the United States, we will delete that information as quickly as possible.
Health Insurance Portability & Accountability Act
What are the basics of using Luna?
Luna brings licensed, experienced physical therapists to you (“Physical Therapists”) for a physical therapy session (“Session”) in your own home or other location. To schedule an appointment, you may make a request on our website(s) and applications, or via phone. If you install our applications, you may sign up for an account, and select a password and user name (“Luna User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself (or if you are signing up on behalf of someone else, about the patient). You may not select as your Luna User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or, if the individual receiving Services is a minor, that you are forming a binding contract on behalf of you and on his or her behalf to use the Services and, to the extent applicable, you hereby grant Luna permission to treat such minor). Unless a legal exception applies, in the case of a minor less than 18 years of age, a parent or legal guardian must consent to treatment. Unless a legal exception applies, treatment of minors under 16 requires a parent to be present during the treatment session.
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
In order to use the Services, you hereby consent to the examination, therapy procedures and therapy care to be performed on you by your Luna Physical Therapist through the Services.
If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of California), you hereby agree to the below:
You are receiving direct physical therapy treatment services from an individual who is a physical therapist licensed by the Physical Therapy Board of California. Under California law, you may continue to receive direct physical therapy treatment services for a period of up to 45 calendar days or 12 visits, whichever occurs first, after which time a physical therapist may continue providing you with physical therapy treatment services only after receiving, from a person holding a physician and/or surgeon’s certificate issued by the Medical Board of California or by the Osteopathic Medical Board of California, or from a person holding a certificate to practice podiatric medicine from the California Board of Podiatric Medicine and acting within his or her scope of practice, a dated signature on the physical therapist’s plan of care indicating approval of the physical therapist’s plan of care and that an in-person patient examination and evaluation was conducted by the physician and surgeon or podiatrist.
You may receive text messages and telephone calls:
Luna may periodically contact you by email or text message (including through the use of an automated telephone dialing system) to inform you of programs, services and other initiatives that may be of interest to you. As such, you agree to allow Luna to market and/or promote its Services to you. This authorization permits Luna to use your personal information in order to include you on mailing lists, email lists, text messaging, push notifications, and other forms of electronic communication (including by an automatic telephone dialing system) and to use information in your profile to identify programs that may be of interest to you. You understand that you are not required to provide this consent as a condition of using our Services, and this authorization will remain in effect unless otherwise revoked by you.
You may opt out of receiving marketing and/or promotional text messages and emails by providing notice to us, either by replying to such messages that you wish to unsubscribe or by contacting us at firstname.lastname@example.org. Where state law is stricter and prohibits anyone who receives your health information from using or redisclosing it for other purposes without your written authorization, or if applicable law otherwise has more stringent requirements, we will comply with such more stringent legal requirements.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Luna);
- Violates any law or regulation, including any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Luna account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Attempts to and/or violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in Luna?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Luna’s) rights.
You understand that Luna owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do.
Do I have to grant any licenses to Luna or to other users?
For all User Submissions, you hereby grant Luna a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services. This is a license only – your ownership in User Submissions is not affected. You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide.
If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services, then you grant Luna the licenses above, as well as a license to display, perform, and distribute your feedback for the purpose of improving the Services.
Finally, you understand and agree that Luna, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Will Luna ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Does Luna cost anything?
You agree that in consideration of the Services, you hereby individually obligate yourself to pay Luna in accordance with the rates and terms of Luna, available via our websites(s) and applications. You are responsible for any deductibles, co-insurance, co-pays or any other non-covered services per your individual insurance policy. If your insurance policy or plan changes during the time of treatment, you must notify us immediately. Failure to do so may result in a balance owed by you.
You authorize payment to Luna of any insurance or other applicable (e.g., Medicare, Blue Shield of California) benefits otherwise payable to you or on your behalf for these outpatient services, at a rate not to exceed Luna’s regular charges. It is agreed that payment to Luna, pursuant to the authorization, by an insurance company shall discharge said insurance company of any and all obligations under a policy to the extent of such payment. It is your responsibility to understand your insurance policy and coverage for therapy services; however, Luna will make every effort to verify insurance coverage and provide an explanation of benefits. However, we will not be responsible for incorrect information/authorization given to us by you or on your behalf. You authorize payment of Medicare benefits to be made on your behalf for all Services furnished by Luna. You further agree that you are financially responsible for charges not collected by this agreement, unless otherwise stated by applicable written contract or law.
We may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account, such as your bank account or debit or credit card, linked to your account on the Services (your “Billing Account”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for such Session in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method and to provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date). You must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password.
Cancellation, No Show, and Credit/Refund Policy
Luna requires you to cancel your appointment no later than 24 hours prior to your scheduled appointment time. If you are unable to give a 24 hour notice, or if you no show for your appointment, there will be a cancellation fee of $90.00 for each occurrence.
If your Physical Therapist does not show for your scheduled Session, we will work with you to reschedule an appointment with another Physical Therapist or provide you a refund.
What if I want to stop using Luna?
If you stop using the Service, be aware that records shall be maintained for certain those periods of time as required by law.
Luna is also free to suspend access to your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Luna has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
I use the Luna Application available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, including the iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
- Both you and Luna acknowledge that the Terms are concluded between you and Luna only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non- sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Luna, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Luna, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Luna acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and/li>
- Both you and Luna acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
For California Patients – Did You Know?
The Physical Therapy Board of California licenses and regulates your Physical Therapist and Physical Therapist Assistant. *A Physical Therapy Aide, while regulated by the Board, is not licensed.
Visit the Board’s website at http://www.ptbc.ca.gov for information on:
- Verifying a license
- What to expect when you receive care
- Your rights as a patient
- How to file a complaint
VBoard Contact Information:
2005 Evergreen Street, Suite 1350
Sacramento, CA 95815
What else do I need to know?
Neither Luna nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. The Services and Content are provided by Luna (and its licensors and suppliers) on an “as-is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Limitation of Liability
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Luna (or its licensors or suppliers) be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) $125 or (ii) the amounts paid by you to Luna in connection with the services in the twelve (12) month period preceding this applicable claim, or (c) any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
To the fullest extent allowed by applicable law, You agree to indemnify and hold Luna, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Luna’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND LUNA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Luna may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Luna agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Luna, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Luna, and you do not have any authority of any kind to bind Luna in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Luna agree there are no third party beneficiaries intended under these Terms.