FLOURISH MD

Website Terms and Conditions Of Use

Effective Date: August 25, 2025
Last Updated On: August 25, 2025

1. Acceptance of these Terms of Use

These Website Terms and Conditions of Use, together with any documents referenced and incorporated herein (“Terms of Use”), form an agreement between you and FLOURISH MD, LLC (“FLOURISH MD,” “we,” or “our”) regarding your access to and use of our website located at www.flourishdoc.com, including any content, functionality, and Services (as defined below) offered on or through www.flourishdoc.com, and any other media form, mobile website or mobile application related, linked, or otherwise connected thereto (the “Website”). 

Please read these Terms of Use carefully before you start to access or use the Website or any of the services offered on the Website, sign up for an Account (as defined herein), access or use the Patient Portal, or access or use any other features or materials provided on the Website (the “Services”). By accessing and using the Website and its Services, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you acknowledge that you have read, understand, accept, and agree to be bound by and to abide by these Terms of Use and our Privacy Policy, available at flourishmd.vip/privacy-policy (the “Privacy Policy”), which is incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or participate in or access or use the Services. 

The Website and its Services are only directed towards and intended to be accessed and used by individuals who are residents of the United States and at least 13 years of age. If you are not a resident of the United States or at least 13 years of age, this Website and its Services are not directed towards or intended for you. By using the Website, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or use or engage with any of its Services.

THESE TERMS OF USE REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, WAIVER OF JURY TRIALS, AND INCLUDE A CLASS ACTION WAIVER. THESE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE BETWEEN YOU AND FLOURISH MD, INCLUDING YOUR RIGHT TO A JURY TRIAL.

Any conflict arising between these Terms of Use and our Privacy Policy shall be resolved by the Privacy Policy taking precedence with respect to the subject matter in question.

2. Changes to these Terms of Use

We may revise, update, and otherwise modify these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them to the Website, and such changes apply to all access to and use of the Website and participation in the Services. We also retain the option, but not the obligation, to post a notification to your Account (as defined below) and/or email you when these Terms of Use are updated. Your continued use of the Website or participation in the Services following the posting of revised Terms of Use means that you accept and agree to any and all changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you. 

3. Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any Services or materials we provide on or through the Website, in our sole discretion, without notice to you. We will not be liable if, for any reason, all or any part of the Website or our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Services to specific users, which may or may not include you.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.

  • Ensuring that all persons who access the Website through your internet connection are aware of and comply with these Terms of Use and the Privacy Policy. 

To access portions of the Website and/or Services, you may be required to set up an account using your personal and business information (your “Account”). It is a condition of your use of the Website that all the information you provide on the Website, including when setting up your Account and/or participating in the Services, is correct, current, and complete. You agree that all information you provide in connection with your access to and/or use of the Website, including to create an Account, access or use the patient portal, contact us, or otherwise, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

We expressly reserve the right to limit and/or deny you access to and use of some or all of the Website and Services in our absolute and sole discretion, for any reason, and for any period of time, including indefinitely.

It is the responsibility of every user of the Website to help ensure the security, integrity, and privacy of the Website. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account, if you have one, is personal to you, and you agree not to provide any other person with access to the Website, or portions of it, using your username, password, or other security information associated with your Account. 

Further, you accept that any breach of any third party rights resulting from your prohibited disclosure or negligent safekeeping of your Account login credentials that results in any liability of any nature whatsoever shall be your sole liability. You agree to notify FLOURISH MD immediately of any unauthorized access to or use of your username or password or any other breach of security with respect to your Account or Account credentials. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal or Account information. 

We have the right to disable any Account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our sole opinion and discretion, you have violated any provision of these Terms of Use or the Privacy Policy. 

4. Patient Portal 

The Website allows you to access and use the AtlasMD patient portal (the “Patient Portal”). The Patient Portal is owned and operated by AtlasMD, and, although we allow you to use and access the Patient Portal through our Website, we do not own or control the Patient Portal. By accessing or using the Patient Portal, you agree that your access and use of the Patient Portal, as well as any information you provide to or that is collected by the Patient Portal, is governed by the terms, conditions, and policies of AtlasMD. For more information about these terms, conditions, and policies, please visit atlas.md/privacy-policy/.

5. Communications

You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Website or Services (collectively, “Communications”) through electronic means including, but not limited to: (a) email, using the email address that you provide to us; (b) short messaging service (“SMS”) and text messages, using the mobile number that you provide to us; (c) push notifications, using the mobile number that you provide to us; or (d) by posting the Communications on the Website or in connection with the Services. The delivery of any Communication from FLOURISH MD is effective when sent by us, regardless of whether you read the Communication, when you receive it, or whether you actually open the delivered Communication. You can withdraw your consent to receive Communications by email by selecting the “Unsubscribe” option, if we send you an email Communication. You can opt out of receiving future Communications through phone, or SMS and text message by replying “STOP” to the Communication or by contacting FLOURISH MD directly using the information in the Your Comments and Concerns section at the end of these Terms of Use. Should you choose to opt out of receiving Communications, but you continue to use our Website and/or the Services, you are responsible for reading the content on our Website regarding any policy changes.

6. Intellectual Property Rights

The Website, Services, and all content, features, and functionality on the Website (including, but not limited to, all information, software, text, displays, images, catalogs, goods specifications, video, and audio, and the design, selection, and arrangement thereof) are owned by FLOURISH MD, its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except to access the Website and participate in the Services consistent with the terms and intent of these Terms of Use. In addition:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your web browser for display enhancement purposes.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

  • If we provide certain features as part of the Website, such as by providing a link to download certain material, you may take such actions as are enabled by such features; however, you are expressly prohibited from further distribution, public performance, or public display of any materials downloaded or otherwise obtained through the Website.

You must not:

  • Modify copies of any materials from the Website or the Services.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or the Services in breach of these Terms of Use, your right to use the Website and/or the Services will terminate immediately, and you must notify us of your breach of these Terms and you must, at our option, return or destroy any copies of the materials you have made. 

Any permission granted to you by these Terms of Use terminates automatically if you violate these Terms of Use or our Privacy Policy. No right, title, or interest in or to the Website, the Services, your Account, or any content on the Website is transferred to you, and all rights not expressly granted herein are reserved by FLOURISH MD. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. FLOURISH MD expressly reserves all rights in and to its intellectual property, including the right to pursue any and all legal remedies it may have should your breach of these Terms of Use constitute intellectual property infringement under applicable international, federal, and/or state law.

If you wish to make any use of material on the Website other than that set out in this section, or are unsure whether a certain use of material would violate the terms of this section, please address your request to the email address provided in the Your Comments and Concerns section at the end of these Terms of Use.

7. Trademarks

The name of FLOURISH MD™ and the respective company logos associated with FLOURISH MD™ and its affiliates, and all related names, logos, trade dress, product and service names, designs, and slogans are trademarks of FLOURISH MD, LLC or its affiliates or licensors. You may not use such marks without the prior written permission of FLOURISH MD. All other names, logos, product and service names, designs, and slogans on this Website are the property of their respective owners.

8. Site Use

FLOURISH MD grants you a limited, fully-revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Website and Services solely for your own use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. 

You agree not to record, download, or otherwise copy any materials on the Website, including, but not limited to, any of the materials provided as part of the Services, or any other videos, pictures, logos, graphics, catalogs, good specifications, or other resources offered on the Website.

You also agree not reverse engineer or break into the Website, or use any of our materials, goods, or Services in violation of any law. Your use of this Website is at the sole discretion of FLOURISH MD, and FLOURISH MD may terminate your use of this Website at any time and for any or no reason.

9. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of goods, data, or software to or from the U.S. or other countries). 

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use. 

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate FLOURISH MD or any of its affiliates, an employee of FLOURISH MD or any of its affiliates, another user, or any other person or entity that is not you (including, without limitation, by using email addresses, usernames, contact information, or Account credentials associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Services, or which, as determined by FLOURISH MD in our sole discretion, may harm FLOURISH MD or users of the Website or Services, or expose FLOURISH MD, Website users, or any third party to liability.

Additionally, you agree not to:

  • 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 or Services, including their ability to engage in real time activities through the Website.

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use.

  • Use any device, software, or routine that interferes with the proper working of the Website.

  • Introduce any viruses, Trojan horses, worms, logic bombs, spyware, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, cloud storage, or database connected to the Website. 

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

10. Monitoring and Enforcement; Termination

We have the right to:

  • Take any action with respect to your access to and use of the Website and Services that we deem necessary or appropriate in our sole discretion, including if we believe your access to and/or use violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, violates our Privacy Policy, or could create liability for FLOURISH MD.

  • Disclose your identity or other information about you to any third party who claims that you have violated their rights, including their intellectual property rights or their right to privacy.

  • Remove any material on the Website at any time, without notice to you, for any or no reason, in our sole discretion.

  • Suspend, terminate, delete, or revoke access to your Account or to all or part of the Website or Services at any time, for any or no reason, including, without limitation, any violation of these Terms of Use.

  • Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Services. 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing FLOURISH MD to disclose the identity or other information of anyone accessing the Website or Services. YOU WAIVE AND HOLD HARMLESS FLOURISH MD AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

11. Copyright and Trademark Infringement

If you believe that any materials on the Website violate your or any third party’s copyright or trademark rights, you may contact FLOURISH MD using the information provided in the Your Comments and Concerns section below. When doing so, please provide the following information: (1) a clear statement identifying the works or marks that you believe to be infringed, such as copyright and/or trademark registration/serial numbers and depictions of the same; and (2) sufficient information about the location of the allegedly infringing materials so that we can find and verify their existence and take appropriate action. 

12. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by our affiliates or licensors. All statements and/or opinions expressed in those materials, other than the content provided by FLOURISH MD, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of FLOURISH MD. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

13. Changes to the Website

We may update the content on this Website from time to time, but we do not guarantee that all content is complete or up-to-date at any given time. If you have a question as to whether certain content is complete or up-to-date, please contact FLOURISH MD as provided in these Terms of Use.

14. Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy, available at flourishmd.vip/privacy-policy. By using the Website, you consent to all actions taken by FLOURISH MD with respect to your information in compliance with our Privacy Policy and applicable law. 

15. Links from the Website (Outbound Links)

The Website may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those third-party sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. These links are not express or implied endorsements or approvals by FLOURISH MD of any goods, services or information available from these websites. If you decide to access any of the third-party websites linked to from the Website, whether placed on the Website by FLOURISH MD or otherwise, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites.

16. Links to the Website (Inbound Links)

Linking from any third-party website to the Website is strictly prohibited. You may, however, link to our homepage at www.flourishdoc.com, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part.

Additionally, you may not: (i) cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site (for example, by framing, deep linking, or in-line linking); or (ii) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with FLOURISH MD in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any links at any time, with or without notice to you, in our sole discretion. 

17. Third-Party Services and Access to Third-Party Sites

Certain areas of the Website may be operated on behalf of FLOURISH MD by third parties, and may be subject to the terms of use and privacy policies of those parties. FLOURISH MD is not responsible for any aspect of these third-party service providers or websites, including any purchases made on those sites, or any use of your personal information by such third parties. Please review any terms and conditions and privacy policies that may apply if and when you visit other areas operated by third parties.

Third parties may provide certain services on FLOURISH MD’s behalf related to the Website or Services. FLOURISH MD may provide information, including personal information that it collects, to third-party service providers to help FLOURISH MD provide the Website and its Services to you. FLOURISH MD will take reasonable steps, consistent with the Privacy Policy and applicable law, to ensure that these third-party service providers are obligated to protect your personal information. You hereby acknowledge that FLOURISH MD is not responsible for the disclosure of personal information by a third-party service provider through no fault of FLOURISH MD.

18. Geographic Restrictions

FLOURISH MD, Inc. is based in the State of Alabama in the United States and provides this Website from within the United States. This Website and its Services are only intended for access and use within the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be allowed or legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. In addition, you expressly consent to have your data transferred to and processed in the United States.

19. Disclaimer of Warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES USED OR OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES USED OR OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES USED OR OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FLOURISH MD NOR ANY PERSON ASSOCIATED WITH FLOURISH MD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER FLOURISH MD NOR ANYONE ASSOCIATED WITH FLOURISH MD REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES USED OR OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER/CLOUD THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES USED OR OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, FLOURISH MD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FLOURISH MD, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO OR FROM IT, THE SERVICES AND ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE; HOWEVER, THIS LIMITATION OF LIABILITY DOES NOT APPLY TO ACTUAL DAMAGES CAUSED BY OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR VIOLATIONS OF PUBLIC POLICY.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FLOURISH MD, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, DEMANDS, COSTS, JUDGMENTS, FEES (INCLUDING REASONABLE ATTORNEYS’ FEES), AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING ACTUAL, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO, YOUR USE OF THE WEBSITE AND/OR THE SERVICES OR ANY MATERIALS OR INFORMATION OBTAINED OR ACCESSIBLE THEREFROM. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAWS THAT LIMIT OR PROHIBIT SUCH A GENERAL RELEASE.

Notwithstanding the foregoing, FLOURISH MD expressly reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FLOURISH MD, and you agree to cooperate, at your expense, with our defense of any such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

22. Governing Law and Jurisdiction

All matters relating to the Website, these Terms of Use, or the Privacy Policy, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Alabama, United States, without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction).

23. Dispute Resolution

Except as otherwise set forth in these Terms of Use, you hereby agree to resolve any and all past, present, or future claim, controversy, or dispute of any description (each, a “Dispute”) arising as a result of your use of the Website or the Services, solely pursuant to the terms of the sections below. 

  • Management Resolution. Disputes shall first be referred to each party or their authorized representatives for discussion and resolution (“Management Resolution”).

  • Arbitration. Should Management Resolution fail to resolve the Dispute, then you agree that the Dispute you have arising out of, relating to, or in connection with your relationship or dealings with FLOURISH MD (including any of its predecessors, successors, affiliates, subsidiaries, parent companies, agents, employees, representatives, directors, managers, officers, shareholders, assigns, associates, attorneys, distributors, and all other persons acting on their behalf) shall be resolved by final, binding arbitration (“Arbitration”) administered by the American Arbitration Association (“AAA”) under the AAA's Consumer Arbitration Rules. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. BY AGREEING TO THESE TERMS OF USE, YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE. You and FLOURISH MD agree that the arbitrator selected to resolve the Dispute shall also have exclusive authority to resolve all gateway issues of arbitrability, including without limitation all issues of his/her own jurisdiction; all issues about the formation, interpretation, applicability, validity, or enforceability of this arbitration provision, the Terms of Use, or the Privacy Policy; all issues about what claims or disputes or parties are covered by this arbitration provision; and all substantive or procedural defenses to enforcement of this arbitration provision. You and FLOURISH MD agree and understand that these methods shall be the sole remedy to resolve any controversy or claim arising from or related to the Dispute, and you and FLOURISH MD expressly waive the right to file a lawsuit in any civil court against the other party for such Disputes, except to enforce an arbitration decision or to compel arbitration.

  • Location. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Jefferson County, Alabama, United States. 

  • Attorneys’ Fees. Under any event of Arbitration, including but not limited to any action to compel, enforce award of Arbitration or seek injunctive relief pursuant to these Terms of Use, the prevailing party shall be entitled to an award of their reasonable attorney's fees and costs for such proceeding, including any related trial or levels of appeal.

  • Injunctive Relief. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

  • Class Action Waiver. Notwithstanding any rule or procedure of the AAA, you and FLOURISH MD agree that any Dispute filed against each other must be on an individual basis and not as a class or collective action. You agree that the arbitrator shall be restricted to resolving only the Dispute between you and FLOURISH MD and will not be allowed to conduct any consolidated or class-wide arbitration proceedings involving claims or disputes of other persons. You waive any right to represent others in a class action or to participate as a class member in any class action.

If, for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Jefferson County, Alabama, United States, and you and FLOURISH MD hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

24. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR THE PRIVACY POLICY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

THE FOREGOING DOES NOT AFFECT ANY STATUTE OF LIMITATIONS THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

25. Waiver and Severability

No waiver by FLOURISH MD of any term or condition set out in these Terms of Use 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 FLOURISH MD to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a legally valid tribunal 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 these Terms of Use will continue in full force and effect. 

26. Entire Agreement

These Terms of Use and our Privacy Policy, along with any documents incorporated herein or therein, constitute the sole and entire agreement between you and FLOURISH MD regarding the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website or Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Website and/or Services. 

27. Your Comments and Concerns

This Website is operated by FLOURISH MD, LLC. 

To provide feedback or comments, make requests for technical support or for the removal of copyrighted or trademarked materials, to report violations of these Terms of Use of our Privacy Policy, or to communicate with FLOURISH MD for any other reason relating to the Website and/or Services, please contact FLOURISH MD using the contact information provided below.

  • Email: info@flourishmd.vip

  • Mail: 3066 Independence Drive, Homewood, AL 35209

  • Phone: (205) 583-0826