Terms of Use

Welcome and thank you for your interest in Vela Wound Care’s website located at https://www.velawoundcare.com (“Website”), as it may be updated, relocated, or otherwise modified from time to time. These Terms of Use (“Terms of Use”) establish the terms and conditions that apply to you when you use any aspect of the Website.

The purpose of the Website is to facilitate communications between you and Vela Wound Care and to provide information regarding our medical services. Any interactions between you and Vela Wound Care may be facilitated through third-party software and/or other technology that Vela Wound Care utilizes but does not solely control.

Any information collected by the Website is governed by Vela Wound Care’s Privacy Policy. Nothing in these Terms of Use or on the Website constitutes an offer, promise of employment, or other relationship.

PLEASE READ THESE TERMS OF USE CAREFULLY IN THEIR ENTIRETY BEFORE USING THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE. THESE TERMS OF USE CONTAIN WARRANTY DISCLAIMERS, BINDING ARBITRATION CLAUSES, AND OTHER PROVISIONS THAT LIMIT VELA WOUND CARE’S LIABILITY TO YOU. BY USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE.

1. Permitted Uses and Reservations

Subject to your compliance with the terms of these Terms of Use, Vela Wound Care grants you a limited, non-exclusive, nontransferable right during the Term to access and use the Website for your personal use only. Vela Wound Care reserves all rights not expressly granted to you under these Terms of Use. Except as expressly set forth in these Terms of Use, you will not distribute or otherwise make available the Website, or any portion of the foregoing, in any form to any third party.

2. Messaging and Data Fees

You acknowledge and agree that standard text messaging and data use rates set by your telecommunications carrier apply to any communications (SMS, email, or mobile data) used in connection with the Website or our appointment scheduling services.

3. Medical & Telehealth Disclaimers

a. You acknowledge and agree that the duly licensed medical personnel at Vela Wound Care will be solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services. All diagnoses, treatments, procedures, and other professional health care services (collectively, “Medical Services”) will be provided and performed exclusively by or under the supervision of duly licensed medical personnel, in their sole discretion, in accordance with all applicable laws.

b. Use of the Website and/or any information or content that is included on or transmitted through the Website is not intended to and will not create any healthcare provider/patient relationship of any kind involving Vela Wound Care or its affiliates. A provider/patient relationship is only established upon an in-person or telehealth consultation and the signing of intake documentation.

c. Informational Purposes Only: Any content available on or through the Website (including blog posts, descriptions of services, and general wound care information) is for informational purposes only and is not a substitute for the professional judgment of a healthcare professional in diagnosing and treating patients.

IF YOU HAVE AN EMERGENCY, DO NOT USE THE WEBSITE TO CONTACT VELA WOUND CARE – YOU SHOULD IMMEDIATELY CALL 911 AND REQUEST EMERGENCY CARE ASSISTANCE.

d. Vela Wound Care will not be liable in any way to you for any decision you make or any actions that occur in connection with the use of the Website.

e. Telehealth Services:

The Website may facilitate access to telehealth (video/audio) medical services. You acknowledge that:

Telehealth is not suitable for emergency medical conditions.

Delays in medical evaluation and treatment could occur due to deficiencies or failures of the equipment or internet connection.

Vela Wound Care is not liable for technical failures that interrupt a telehealth session.

4. Actions Prohibited

You agree not to use the Website to do any of the following:

Scan, probe, or test the vulnerability of the Website or any service connected to the Website.

Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server of Vela Wound Care.

Use any “spider,” “robot,” “deep-link,” “page-scrape,” or other automatic device to access or copy any portion of the Website.

Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, or invasive of another’s privacy.

Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

Transmit or communicate any data that contains software viruses or any other computer code designed to interrupt or destroy the functionality of the Website.

5. User Contributions

This Website may contain reviews, photographs, and other content or materials (collectively, “User Contributions”) from the Website users. Any User Contribution posted on the Website is non-confidential and non-proprietary information. By providing any User Contribution to Vela Wound Care, you grant us the right to use, reproduce, modify, perform, display, and distribute such material for marketing or operational purposes.

6. Third-Party Links

Any third-party services provided, made available, linked to, or otherwise accessible through the Website are provided solely as a convenience to you and not under the control of Vela Wound Care. Vela Wound Care does not endorse, recommend, or otherwise make any representations or warranties with respect to any third-party services.

7. Intellectual Property & Image Protection

All title to and the rights in the Website, including ownership rights to copyrights, trademarks, service marks, domain names, trade dress, and trade secrets, are the exclusive property of Vela Wound Care and/or third parties.

Protection of Medical Imagery:

This Website contains proprietary medical photography, including "Before and After" images of treatment results. These images are the intellectual property of Vela Wound Care. Unauthorized downloading, scraping, screen-capturing, or reproduction of these images for commercial use or display on other websites is strictly prohibited and will be prosecuted to the full extent of the law.

8. Disclaimer of Warranties

THE WEBSITE IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VELA WOUND CARE MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT OR THAT THE WEBSITE MAY BE RELIED UPON FOR ANY REASON.

9. Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL VELA WOUND CARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES IN CONNECTION WITH THE WEBSITE. VELA WOUND CARE’S TOTAL CUMULATIVE LIABILITY FOR ALL MATTERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE WILL NOT EXCEED THE SUM OF ALL AMOUNTS PAID BY YOU DURING THE 12-MONTH PERIOD PRECEDING THE CAUSE WHICH GAVE RISE TO SUCH DAMAGES.

10. Indemnification

You agree to indemnify, defend, and hold harmless Vela Wound Care, its affiliates, officers, directors, and employees from and against any and all direct and third-party claims and losses arising from or attributable to (1) your breach of these Terms of Use; (2) your use of the Website; or (3) any data you provide to the Website.

11. Term and Termination

These Terms of Use commence when you first access the Website and continue until your right to access and use the Website is terminated. Vela Wound Care may, in its sole discretion and without prior notice, terminate your access to the Website for violations of these Terms of Use.

12. Dispute Resolution: Binding Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

a. Binding Arbitration:

Any dispute, claim, or controversy arising out of or relating to your use of the Website or these Terms of Use shall be resolved by binding arbitration in Lee County, Florida, rather than in court. The arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's Consumer Arbitration Rules.

b. Class Action Waiver:

YOU AND VELA WOUND CARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

c. Governing Law:

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the State of Florida without regard to its conflicts of law provisions.

13. Eligibility

You must be at least 18 years of age to use this Website. If you are under 18 years of age, please do not use or access the Website at any time or in any manner.

14. Contact Us

If you have any questions or concerns about these Terms of Use, please contact us at:

Vela Wound Care

Email: [email protected]

Address: 9220 Bonita Beach Rd. Suite 221, Bonita Springs, FL 34135