Terms of Use
The Create Wellness website (the “Site”) located at createwellnesslajolla.com is operated by Roya Nikzad PhD Allergy & Acupuncture DBA Create Wellness (“Create Wellness,” “we,” “us,” or “our”). Your access to and use of our Site and services is conditioned upon your acceptance of and compliance with these Terms of Use (the “Terms”). By accessing or using our Site or services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or services.
Our Services
Create Wellness is a wellness center providing holistic health services, including wellness consultations, NAET and acupuncture treatments, and related services. Our services may include health assessments, wellness programs, nutritional guidance, supplement recommendations, and other wellness-related services.
DISCLAIMER: The information, services, and products provided by Create Wellness are for informational and wellness purposes only and are not intended to diagnose, treat, cure, or prevent any disease. Always consult with a qualified healthcare provider before making any changes to your health regimen or before starting any new wellness program.
Privacy and Electronic Communications
Your privacy is important to us. Please review our Privacy Policy, which governs how we collect, use, and protect your personal information. By using our Site, you consent to receive electronic communications from us, including emails, text messages (where you have provided consent), and notifications through our website. You agree that all communications we provide electronically satisfy any legal requirement for written communications.
Text Message Communications
If you provide your mobile phone number, you consent to receive text messages from Create Wellness for appointment reminders, announcements, wellness tips, clinic updates, and other service-related communications. Standard message and data rates may apply. You may opt out of text messages at any time by replying “STOP” to any text message from us or by contacting us directly.
User Account and Responsibilities
If you create an account with us, you are responsible for:
· Providing accurate, current, and complete information
· Maintaining the confidentiality of your account credentials
· Restricting access to your account
· Accepting responsibility for all activities under your account
· Promptly updating your information when it changes
We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.
Age Restrictions
You must be at least 18 years old to use our services independently. If you are under 18, you may use our services only with the permission and supervision of a parent or guardian. We do not knowingly collect personal information directly from children under 13 through our website without parental consent. When providing healthcare services to minors, we collect health information through parents or legal guardians in accordance with HIPAA and applicable state laws.
Payment Terms and Services
Service Fees
Payment for services is typically required at the time of service or as otherwise agreed upon. We accept various forms of payment including cash, credit cards, debit cards, HSA/FSA cards. All fees are due in accordance with our current fee schedule.
Insurance
We generally do not bill insurance directly. Patients are responsible for payment at the time of service. We can provide superbills and related documentation that you may submit to your insurance provider for potential reimbursement, but we make no guarantees regarding coverage or reimbursement.
Cancellation and Refund Policy
· Appointments must be cancelled at least 48 business hours in advance to avoid cancellation fees. For Monday appointments, cancellation is required by Thursday.
· Refunds for services or products may be considered on a case-by-case basis at our sole discretion.
· Certain products or services may be non-refundable.
Intellectual Property Rights
All content on our Site, including text, graphics, logos, images, software, and other materials, is owned by Create Wellness or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not:
· Reproduce, distribute, modify, or create derivative works of our content.
· Use our content for commercial purposes without written permission.
· Remove or alter any proprietary notices or attributions You are granted a limited, non-exclusive, non-transferable license to access and use our Site for personal, non-commercial purposes only.
Prohibited Uses
You agree not to use our Site or services to:
· Violate any applicable laws or regulations
· Transmit harmful, offensive, or illegal content
· Interfere with the proper functioning of our Site
· Attempt to gain unauthorized access to our systems
· Collect personal information about other users
· Use automated tools to access our Site without permission
Third-Party Links and Services
Our Site may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of use of third-party sites. Your use of third-party sites is at your own risk and subject to their respective terms and policies.
Medical Disclaimers
Not Medical Advice
The content on this website is for informational and educational purposes only and is not intended to diagnose, cure, or prevent any medical condition. It should not replace consultation, diagnosis, or treatment from a licensed healthcare professional. Always seek the advice of your physician or other qualified provider regarding any medical questions or conditions. We disclaim any liability for decisions made based on this information. Further, we do not provide emergency medical care or replace the need for conventional medical treatment when needed.
Individual Results May Vary
Wellness outcomes vary by individual. We make no guarantees regarding specific results from our services or products.
Emergency Medical Care
Our services are not intended for medical emergencies. In case of a medical emergency, call 911 immediately.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH HOLISTIC AND INTEGRATIVE HEALTH TREATMENTS. CREATE WELLNESS SHALL NOT BE LIABLE FOR ANY TREATMENT OUTCOMES, FAILURE TO ACHIEVE DESIRED RESULTS, OR ANY HEALTH CONDITIONS THAT MAY WORSEN OR FAIL TO IMPROVE DURING OR AFTER TREATMENT.
CREATE WELLNESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED $1,000 OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, WHICHEVER IS LESS.
ANY CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE CAUSE OF ACTION AROSE, OR SUCH CLAIMS SHALL BE FOREVER BARRED.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS ARISING FROM GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR WHERE PROHIBITED BY LAW.
Disclaimer of Warranties
OUR SITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Indemnification
You agree to defend, indemnify, and hold harmless Create Wellness, its officers, employees, and agents from any claims, damages, costs, or expenses (including reasonable attorney’s fees) arising from:
· Your use of our Site or services
· Your violation of these Terms
· Your violation of any third-party rights
· Any content you submit or transmit through our Site
Dispute Resolution and Governing Law
These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in San Diego County, California.
You and Create Wellness agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Modifications to Terms
We reserve the right to modify these Terms at any time.
Changes will be effective immediately upon posting to our Site.
Your continued use of our Site or services after changes are posted constitutes your acceptance of the revised Terms.
We encourage you to review these Terms periodically.
Termination
We may terminate or suspend your access to our Site or services at any time, with or without cause or notice.
Upon termination, your right to use our Site ceases immediately, but the provisions of these Terms that by their nature should survive termination shall remain in effect.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be replaced with an enforceable provision that most closely reflects our intent.
Entire Agreement
These Terms, together with our Privacy Policy and Accessibility Statement, constitute the entire agreement between you and Create Wellness regarding your use of our Site and services, and supersede all prior agreements and understandings.
Contact Information
If you have questions about these Terms of Use, please contact us:
Roya Nikzad PhD Allergy & Acupuncture DBA Create Wellness
Phone: 858-202-0322
5151 Shoreham Pl, Suite 120, San Diego, CA 92122
Email: hello@createwellnesslajolla.com
Last Updated: September 16, 2025