Effective Date: October 31, 2025
These Terms of Service ("Terms") govern your access to and use of the website and related online services (the "Site") operated by Vista Wound Specialists, LLC ("Vista Wound Specialists," "we," "us," or "our"). By accessing or using the Site, you agree to these Terms.
These Terms work together with our Privacy Policy and our Notice of Privacy Practices (HIPAA). If there is a conflict, the HIPAA Notice governs Protected Health Information (PHI) and these Terms govern the Site generally.
1. No Medical Advice; Emergencies
- The Site is for general informational and educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.
- Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
- In case of a medical emergency, call 911 immediately. Do not rely on the Site for urgent communications.
- Use of the Site does not create a patient-provider relationship. PHI is handled under our Notice of Privacy Practices.
2. Eligibility and Accounts
- You must be at least 13 years old to use the Site. If you are under 18, you may use the Site only with the involvement of a parent or legal guardian.
- If the Site offers accounts, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
- You agree to provide accurate, current, and complete information and to update it as needed.
3. Acceptable Use
You agree not to misuse the Site. Prohibited conduct includes, without limitation:
- Posting or transmitting unlawful, harmful, fraudulent, infringing, defamatory, or otherwise objectionable content.
- Attempting to gain unauthorized access, interfering with, disrupting, or overburdening the Site or its security (e.g., scraping, crawling, spamming, probing, or reverse engineering).
- Uploading or submitting PHI, payment card data, or other sensitive information to general website forms. For care-related matters or PHI, use the clinical channels described in our NPP.
- Impersonating any person or entity or misrepresenting your affiliation.
- Using the Site for commercial solicitation, advertising, or any high-risk activity without our prior written consent.
4. User Submissions and Feedback
- When you submit inquiries, messages, reviews, or other content ("Submissions"), you grant us a nonexclusive, worldwide, royalty-free, transferable license to use, reproduce, modify, distribute, display, and perform such Submissions as reasonably necessary to operate, improve, and promote the Site and our services.
- You represent and warrant you have all rights needed for the Submissions you provide and that they do not violate any law or third-party rights.
- Do not include PHI in general website Submissions; use clinical channels for PHI.
SMS Terms
The Vista Wound Specialists SMS program provides service-related texts such as appointment reminders, scheduling updates, and customer support. Marketing texts are sent only if you separately opt in.
- Opt-in: Enroll by checking the SMS consent box on our web form or by otherwise providing your consent.
- Message types: Appointment reminders, scheduling updates, care coordination notices, and service alerts; marketing only with a separate opt-in.
- Frequency: Message frequency varies.
- Fees: Message and data rates may apply.
- Help: Text HELP for help or contact 918-505-2956 or privacy@vistawound.com.
- Opt-out: Text STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT to cancel. You can also opt out by contacting us using the information above.
- Consent: Consent is not a condition of purchase or treatment.
- Delivery: Wireless carriers are not liable for delayed or undelivered messages.
- Privacy: We avoid sending PHI by SMS. If you request unencrypted communications, we may honor that request consistent with HIPAA. See our Privacy Policy and Notice of Privacy Practices.
- Number changes: If your mobile number changes or is reassigned, you agree to promptly notify us to help prevent messages to the wrong person.
6. Intellectual Property; License
- The Site, including its text, graphics, logos, images, and software, is owned by or licensed to Vista Wound Specialists and is protected by intellectual property laws.
- We grant you a limited, nonexclusive, nontransferable, revocable license to access and use the Site for your personal, non-commercial use, subject to these Terms.
- Any unauthorized use is prohibited and may terminate your license.
7. Third-Party Services and Links
- The Site may link to third-party websites or integrate third-party services (e.g., scheduling, maps, video). We are not responsible for third-party content, policies, or practices.
- Your use of third-party services is subject to their terms and privacy policies.
8. Disclaimers
- The Site is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
- We do not warrant that the Site will be uninterrupted, secure, or error-free, or that defects will be corrected.
- Some jurisdictions do not allow limitations on implied warranties; some limitations may not apply to you.
9. Limitation of Liability
To the fullest extent permitted by law, Vista Wound Specialists and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising out of or related to your use of the Site, even if advised of the possibility of such damages.
To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Site will not exceed one hundred U.S. dollars (US$100).
10. Indemnification
You agree to defend, indemnify, and hold harmless Vista Wound Specialists and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your violation of these Terms or misuse of the Site.
11. Governing Law; Dispute Resolution
- These Terms are governed by the laws of the State of Oklahoma, without regard to conflict-of-laws principles.
- Informal Resolution: Before filing a claim, you agree to try to resolve the dispute informally by contacting us at privacy@vistawound.com.
- Arbitration and Class-Action Waiver (Optional): Except for small-claims court or claims for injunctive relief, disputes will be resolved by binding individual arbitration under the Consumer Arbitration Rules of the American Arbitration Association. You may opt out of this arbitration clause by emailing us within 30 days of first accepting these Terms. Arbitration will be conducted by video/phone or in Oklahoma, unless we both agree otherwise. If you prefer not to include arbitration, remove this bullet.
12. Changes; Termination
- We may modify these Terms from time to time. When we do, we will update the Effective Date above and post the revised Terms. Your continued use of the Site after changes become effective constitutes acceptance.
- We may suspend or terminate access to the Site at any time, with or without notice, for any reason or no reason.
13. Contact
Questions about these Terms?
- Phone: 918-505-2956
- Email: privacy@vistawound.com
- For privacy matters, see our Privacy Policy. For PHI, see our HIPAA NPP.
