Terms of Use

LUXER URGENT CARE ONLINE SERVICES TERMS OF USE


NOTICE: IF YOU THINK THAT YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR GO TO YOUR NEAREST HOSPITAL EMERGENCY DEPARTMENT.


1. Online Services Terms of Use


These Online Services Terms of Use (“Terms of Use”) apply to Luxer Urgent Care’s (collectively, “Luxer,” “we,” “us,” or “our”) website and other online applications or platforms (“Online Services”) and form a legal agreement between Luxer and you, the individual (“you” and “your”) regarding your access to and use of the Online Services. These Terms of Use, together with any notices or documents expressly incorporated by reference, including, but limited to, our Privacy Policy and Cookie Notice (collectively, “Terms of Use”), govern your access to and use of the Online Services.

 

By accessing or using Luxer’s Online Services, clicking “I Accept,” or creating an account, you acknowledge that you have reviewed and agree to the Terms of Use. If you do not agree to these Terms of Use, immediately cease access to and use of all Online Services.


2. RELATIONSHIP TO OTHER TERMS AND POLICIES


Luxer’s Notice of Privacy Practices describes how information about you that is defined as protected health information under the Health Insurance Portability and Accountability Act (“HIPAA”) may be used and disclosed. Luxer also, separately, has an Online Privacy Policy and Cookie Notice (“Privacy Policy”) that describes in detail our online information practices and how we gather, use, share, and protect your online information when you use, access, or visit the Online Services. You may review both policies on our website.


If there are additional terms associated with a specific online service (for example, our electronic health record application, DocVilla), you may be presented with those additional terms at the time you access the online service (“Additional Terms”). The Additional Terms will apply only to the particular Online Service indicated and will govern that particular Online Service.


3. RESTRICTIONS ON USE


Luxer grants site visitors a nonexclusive right to access and use the Online Services solely for personal, informational, and noncommercial use. As a condition of your use of the Online Services, you agree not to use the Online Services for any unlawful or unpermitted use, including but not limited to the following:

  • Obtaining materials, data, or information to gain a competitive advantage, or for commercial purposes;
  • Sending or transmitting any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind through Luxer’s Online Services;
  • Sending or transmitting any material that can cause harm or delay to the Online Services or Luxer’s electronic hardware;
  • Sending or transmitting any unsolicited advertising, solicitation or promotional materials.
  • Misrepresenting your identity or affiliation in any way;
  • Restricting or inhibiting any person from using the websites and platforms, disclosing personal information obtained from the websites and platforms or collecting information about users of the websites and platforms;
  • Reverse engineering, disassembling or decompiling any section or technology on the websites and platforms, or attempting to do any of the foregoing;
  • Gaining unauthorized access to the websites and platforms, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the websites and platforms;
  • Launching or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the websites and platforms in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  • Sending or otherwise transmitting to or through the websites and platforms chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
  • Posting, transmitting or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
  • Violating any applicable laws or regulations in any way;
  • Altering or modifying any part of the content or services offered on or through the websites and platforms;
  • Breaching or otherwise circumventing Luxer’s security or authentication measures; and
  • Assisting or permitting any persons in engaging in any of the activities described above.

Luxer expressly reserves the right, in its sole discretion, to terminate a user's access to its Online Services due to any act that would constitute a violation of these Terms of Use.


4. INTELLECTUAL PROPERTY


Luxer is the sole and exclusive owner of its website, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights. Luxer’s Online Services may also display multiple trademarks and/or service marks that are owned by Luxer and subject to the trademark rights of Luxer. The design and content of our Online Services are protected under U.S. and international trademark, trade secret, and other intellectual property or proprietary rights laws.


No title or ownership of the Online Services or any portion thereof is transferred to you hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from Luxer’s Online Services. You are permitted to view our Online Services online, download information for personal reference, or print copies of pages for personal use. However, you may not copy any portion of the Online Services for commercial use or distribution, nor may you modify or repost them. You agree not to copy, reproduce, duplicate, display, sell, resell, exploit, or use in any manner any trademark, service mark, or logo from the Online Services without the express written permission of the owner of the mark or logo.


Luxer reviews claims of intellectual property infringement. Notifications of alleged intellectual property infringement should be sent to Luxer’s corporate offices at: 3835 E. Thousand Oaks Blvd. #R538, Westlake Village, CA 91362.


You may provide input, comments or suggestions regarding Luxer’s Online Services ("Feedback"). You acknowledge and agree that Luxer may use any Feedback without any obligation to you and you hereby grant Luxer a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as Luxer may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion, subject to patient privacy laws.


5. LINKS TO OTHER SITES


Luxer’s Online Services may include links to third-party websites for your convenience or information. Links are provided as a convenience only and do not imply that Luxer endorses, sponsors, or is affiliated with the linked site. We make no representations about any third-party websites. Luxer does not endorse or control the content, use, or privacy practices of other sites, which may differ from Luxer’s practices. If you choose to access third-party linked sites from Luxer’s Online Services, you are solely responsible for the access and use. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms of Use do not apply to other websites. We recommend you review any third party’s privacy policies and cookie notices, if any, before using any third-party website, application, or platform. Luxer disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.


6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY


Luxer’s Online Services and third-party links are provided "as is" and "as available," without any warranties, express or implied. Luxer disclaims all representations of quality, reliability, security, or accuracy, and does not guarantee uninterrupted or error-free use, nor timely correction of defects. Users are responsible for their own protective measures, including antivirus software and data recovery procedures.

Luxer does not guarantee that Online Services will meet user expectations, provide reliable results, or ensure the quality of goods and services obtained. Users bear the sole responsibility for any damage, loss of data, or misuse of information caused by their actions or those using their credentials.

Luxer assumes no liability for inaccuracies, harmful components, or damages caused by external systems like internet service providers, hardware, or software used to access its services. Users are encouraged to review third-party policies before engaging with linked sites.

Luxer, including its affiliates and licensors, limits liability for damages arising from the use of Online Services to $100.00 for direct compensatory damages, as allowed by law. Indirect, incidental, exemplary, or consequential damages, including those related to personal injury, data loss, or service interruptions, are expressly waived by you to the fullest extent permitted by law.  These limitations form an essential basis of the agreement between Luxer and its users.

You agree that the exclusions of remedies and limitations of liability in this section are reasonable and apply no matter the form of action, whether in contract, tort (including any alleged negligence or gross negligence by Luxer), strict liability, or otherwise. They apply even if any limited remedy specified in this agreement is found to have failed its essential purpose. You acknowledge and agree that Luxer offered Online Services to you based on these limitations of liability, and that they are an essential part of the agreement between the parties.

To the extent the above limitation of liability is restricted under law, the above limitation shall be applied to the extent permitted under such law.


7. INDEMNIFICATION


By using the Online Services, you thereby immediately and forever waive and agree to indemnify Luxer and its officers, directors, staff, employees, agents, partners, and licensors for any claims, losses, or damages related to your use of Luxer’s Online Services or any violations of these Terms of Use. If you, or anyone else using your account, violates these rules, you will be responsible for any costs, including lawyers' fees, to defend Luxer and its employees, directors, and partners. This applies to any third-party claims, whether they accuse you of negligence, recklessness, or anything else.

8. GOVERNING LAW


You and Luxer agree that your access to Luxer’s Online Services and these Terms of Use, and any dispute between you and Luxer relating to your use of Luxer’s Online Services and these Terms of Use, will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules, except for the Dispute Resolution provision in Section 14 below.


9. NO WAIVER AND SEVERABILITY


No waiver by Luxer 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, and any failure by Luxer to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.


If any part of these Terms of Use is held invalid or unenforceable, it will only be to the minimum extent required by law, and all other parts of these Terms of Use shall remain valid and enforceable.


10. MODIFICATION


Luxer may modify these Terms of Use at any time, in its sole discretion, without notice to you. Any such modifications will be posted here and become effective upon posting online. You are advised to review these Terms of Use regularly as you will be bound by any changes made. Your continued use of the Online Services constitutes agreement to any modified terms. Any changes to the Dispute Resolution provision in Section 14 will not apply to disputes for which actual notice has already been provided under the pre-arbitration notice provision below.


11. TERM AND TERMINATION


Luxer, in its sole discretion, can decide to suspend or terminate access to its Online Services with or without a warning at any time for any reason. Luxer can also assign its rights under the Terms of Use to any other party, at any time, without notice to you. The provisions of paragraphs 1 (Online Services Terms of Use), 6 (Disclaimer of Warranties), 7 (Indemnification), 8 (Governing Law), and 14 (Dispute Resolution) will survive any suspension or termination of access to the Online Services.


12. ENTIRE AGREEMENT


These Terms of Use, along with the Online Privacy Policy, the Notice of Privacy Practices, and the third-party Electronic Health Record software’s terms constitute the entire agreement between you and Luxer pertaining to the use of Luxer’s Online Services. No other agreements, representations, communications, or any other documents pertaining to the terms and conditions for the Online Services shall be binding on the Parties or admissible for any purpose in any claim by you relating to the Online Services.


13. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER


Please note that these Terms of Use contain an arbitration provision that requires arbitration on an individual basis, waives your right to trial by jury, and waives your right to participate in any purported class action or representative proceeding in the event of certain disputes within the scope of the arbitration provision as set out in more detail below. Please read the following paragraphs carefully because they require you to arbitrate certain disputes on an individual basis and limit the procedures by which you can seek relief from Luxer.


Agreement to Arbitrate and Class Action and Jury Waiver. You and Luxer agree to resolve all disputes through arbitration and only on an individual basis. This means you cannot join others in a class action lawsuit, and you and Luxer both give up the right to a jury trial for any disputes.

"Disputes" include any disagreements related to the Online Services or these Terms of Use. However, this does not include claims by Luxer employees about their job conditions, claims by patients for medical malpractice, wrongful death, or personal injury, claims under the Computer Fraud and Abuse Act, small claims court cases, or cases to enjoin the unlawful use of copyrighted material, trademarks, trade names, logos, trade secrets, or patents.

Pre-Arbitration Notice. You and Luxer also agree that each party will notify the other in writing of any Dispute before initiating arbitration, so that we can try to resolve the Dispute informally and individually. Notice by Luxer will be sent to you at your last known street and/or email addresses on file, and notice by you to Luxer will be sent by mail to Luxer’s corporate offices at: 3835 E. Thousand Oaks Blvd. #R538, Westlake Village, CA 91362. The notice of Dispute must be specific and individual to you and include your name, street address, telephone number, and email address used for access to the Online Services, as well as a brief description of the Dispute, the amount of money (if any) at issue, and the specific relief sought. The notice must be signed and include your handwritten signature or the handwritten signature of a Luxer employee, as applicable, depending on which party is initiating the arbitration. You and Luxer then agree to negotiate personally, individually, and in good faith to try to resolve the Dispute. If and only if we cannot resolve the Dispute within thirty (30) days after the notice is received, then either party may commence an arbitration proceeding starting thirty (30) days after the notice is received with a written demand for arbitration. Compliance with this pre-arbitration notice provision is a condition precedent for initiating any formal arbitration proceedings.


Arbitration Procedures. To make arbitration as cost-efficient for the parties as possible, the parties agree to initiate any arbitration without using an arbitration service provider and to instead serve directly on the other party a written arbitration demand setting forth the relevant facts and claims. The delivery addresses for service of the written arbitration demand are the same as set out in the notice paragraph above. Each Dispute will be submitted to a single arbitrator selected through mutual agreement of the parties, and the arbitrator will be a licensed attorney or a retired judge. If the parties cannot agree on an arbitrator, then Luxer will identify at least three arbitrators and you will pick one. The arbitration will be conducted in Ventura County, California, and the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration.


Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Luxer. The arbitrator will have the authority to award monetary damages and other remedies on an individual basis only to the extent available under applicable law and consistent with and subject to the limitations set forth in these Terms of Use.


Also, to the fullest extent allowed by law, the arbitrator may award declaratory or injunctive relief only in favor of you or Luxer and only to the extent necessary to provide the relief warranted by your or Luxer’s individual claim. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Issues related to arbitrability of a Dispute, as well as the scope, validity, and enforceability of this Dispute Resolution provision, including the class action waiver terms and whether either party complied with the pre-arbitration notice of Dispute provision above, are up to the arbitrator. The arbitrator may set rules of arbitration. If no rules are set by the arbitrator, then the rules of arbitration will be in accordance with JAMS rules for arbitration, found here: https://www.jamsadr.com/rules-comprehensive-arbitration.


Arbitration Fees. The party initiating the arbitration will pay any filing or case initiation fees, up to the amount that would be required to pursue the same claim in court. For individual damages claims with less than $25,000 at issue, Luxer will pay the additional, reasonable fees and costs of arbitration. For claims with more than $25,000 at issue, claims seeking injunctive or declaratory relief, or in situations where multiple individual claimants, represented by the same law firm or counsel, file similar claims based on the same or similar facts or circumstances resulting in more than $25,000 at issue across those claims, then the parties will share the fees and costs of arbitration equally. If, however, you are able to demonstrate to the arbitrator that the fees and costs of arbitration will be prohibitive to you as compared to the cost of litigation, Luxer will pay as much of the arbitration fees and costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that your claim(s) are without merit, you will reimburse Luxer for any amounts paid on your behalf.


Federal Arbitration Act. These Terms of Use affect interstate commerce, and the interpretation and enforceability of this Dispute Resolution provision will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these Terms of Use.


14. HEALTH OR MEDICAL ADVICE OR INFORMATION


With the exception of information contained in Luxer’s EHR platform, nothing in the Online Services may be considered medical advice, diagnosis, or treatment information. Medical or health information obtained from Luxer’s Online Services may not be applicable to you or your situation and should not be used as a substitute for visiting or speaking with a healthcare professional.


Luxer strives to keep information current in its Online Services, but some information may not be up to date. Luxer does not warrant the accuracy or usefulness of this information and any reliance on such information is at your own risk. If you feel you have a medical emergency, call your doctor or 911 immediately or go to your nearest hospital Emergency Department.


If you are seeking a referral or consultation, please contact our main office line at (805) 410-4203. Luxer’s Online Services should not be relied upon for urgent needs. Communications through Luxer’s Online Services are not a substitute for appropriate and timely contact with your physician or other medical professionals.


15. INFORMATION RECEIVED FROM YOU


Please note that, unless stated otherwise, Luxer does not wish to receive confidential or private information from you through the Online Services. Any information sent to Luxer through these services, such as emails, data, images, sounds, text, and other content, will be considered non-confidential, except as outlined in our Privacy Policy. By sending this information to Luxer, you represent and warrant that you own or control all rights to the content, that the content complies with these Terms of Use, and that you grant Luxer an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, perform, modify, transmit, and distribute that information across all media. You agree not to submit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; that infringes on any intellectual property or other legal rights; that violates the legal rights of others; that tends to deceive; or that promotes illegal activity.

16. PAYING ONLINE FOR SERVICES


Luxer offers its patients online payment services. In using the online payment service, you authorize Luxer to process and display your account and payment information on a secured internet site. Luxer is not responsible for the confidentiality of your password or financial information, including credit card or banking information. Luxer is not responsible for any loss you may incur if someone misuses your password, banking or credit card information, or account information. Additional terms may apply to the online payment services as well.


17. CHILDREN


Luxer does not knowingly solicit, collect, or accept any information from or about children via this website or its other Online Services. The Children’s Online Privacy Protection Act of 1998 (COPPA) addresses how information is gathered and used from children under the age of 13. Luxer Urgent Care’s Online Services are directed at an adult audience and are not intended or designed to attract children under the age of 13, and with the exception of certain information in the EHR, DocVilla, as authorized by law.


If we become aware that a person submitting personal information through any part of our website is a child, we will delete the information as soon as we discover it and will not use it for any purpose, nor will we disclose it to third parties. If you learn that your child has provided us with personal information through our Online Services without your consent, you may alert us at (805) 410-4203.


18. CONTACT INFORMATION


If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with Luxer under the Terms and Conditions, please contact Luxer Urgent Care at the following address:


Luxer Urgent Care

Online Services Concerns

3835 E. Thousand Oaks Blvd. #R538

Westlake Village, CA 91362


Luxer may provide notices or communications to you via its Online Services and you agree that such notices shall constitute notice to you whether or not you actually receive, read, or access the notice.


19. REVISION INFORMATION


These Terms of Use were last updated on 7/1/2025.