Privacy Policy

Telephone 440 -785-2288
Johneck@lasertherapyservices.com

Terms of Use/Online Privacy
Laser Therapy Services, LLC/ Epoch Laser, LLC last updated
its Privacy Policy on August 1, 2020.
Your privacy is important so we developed this Privacy Policy.
Personal information is data which may be used to identify or
contact a specific individual. The APP does not collect or provide for
personal information or identifying privacy information.
The APP does not collect or provide for personal physiologic or
health information.
The APP does not use your personal information.
The APP enables medical providers (“User”) to enter, record and
store values, such as the machine settings which medical providers may
identify through name or number. Stored values and machine settings
are Non-personal information in the control of the medical provider.
Stored information by the medical provider of a numerical identifier or
name is in the control of the medical provider, is subject to the medical
provider’s privacy policy and requirements, and is information or data
which is neither uploaded by the APP, nor available to Laser Therapy
Services, LLC/ Epoch Laser, LLC
Please review this information before enabling the APP to familiarize yourself with our
Privacy Policy and contact us if you have any questions via email or phone:
Johneck@lasertherapyservices.com; 440-785-2288
This Privacy Policy – Terms of Use/Online Privacy – (“Terms of Use”) applies to the Application
(“APP”) entitled “Power Calculator” and “Power Calculator APP” which is the owned by Laser
Therapy Services, LLC by which Epoch Lasers, LLC, a subsidiary of Laser Therapy Services,
LLC (“Epoch Laser” and “Company”) enables medical providers (“User”) to enter, record and
store values, such as the machine settings like the laser power, treatment time, spot size, and
calculate the power density and Joules/cm² (“Assigned Calibration Data”) via the User’s cell
phone, tablet, or other communicating device of a particular specific laser, and review past
assigned values over time. The Assigned Calibration Data is not physiological data, rather it is
device data. The APP allows a laser name or number to be associated with the Assigned
Calibration Data, but does not interface with patients’ information beyond the patient’s name or
number as the case may be, which is solely in the control of the User. The App cannot upload
the Assigned Calibration Data to the internet. A User may download Assigned Calibration Data
to User’s protected patient records. The patients’ name or number is in the control of the User at
all times; and neither can be gleaned nor utilized by Epoch Laser or any third party. The APP
also facilitates online store purchases through a separate email server(s), however the email
communications – which are stored on server(s) – are not available through the APP.
Your compliance with these Terms of Use is a condition to your use of the APP. If you do
not agree to be bound by the Terms of Use in this Agreement, promptly exit this APP and
delete it from your phone, tablet or other communication device.
By this Power Calculator APP, the Company does not collect, utilize or record medical, health,
or patient personal identifying information, for instance, no name or contact information of any
patient is able to be released or ascertained by Epoch Laser or third parties over the APP.
Directly the User may assign a laser-associated name and/or number over the APP to track
Assigned Calibration Data, setting values, and review past assigned values over time identified
to an individual laser. From that, the User – but no others – may associate the particular laser
number or name with a patient – from the User’s other records, releases, and waivers – and from
that, link a patient’s Assigned Calibration Data to User’s patient. The APP neither stores or
records, nor is capable of releasing personal identifying information or medical information –
there is also no capability to upload information to the internet over the APP. The Assigned
Calibration Data are laser settings stored locally on the User’s device and on the laser only.
Ownership Of The APP
All pages within this APP and any material made available for download are owned or licensed
by the Company. The APP is protected by United States and international copyright and
trademark laws. The Contents of the APP, including without limitation the files, documents,
text, photographs, images, audio, and video, and any materials accessed through or made
available for use or download through this APP (“Content”) may not be copied, distributed,
modified, reproduced, published or used, in whole or in part, except for purposes authorized or
approved by Company, including the provision of services or products to Company, or in
connection with a business relationship with Company. You may not frame or utilize framing
techniques to enclose, or deep linking to, any name trademarks, service marks, logo, Content or
other proprietary information (including: images, text, page layout, or form) of Company without
our express written consent. If you have questions about the APP call us at 440-785-2288.
APP Security
You are prohibited from violating or attempting to violate the security of the APP, including,
without limitation, (1) accessing data not intended for such User or logging onto a server or an
account which the User is not authorized to access; (2) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication measures without
proper authorization; or (3) accessing or using the APP or any portion thereof without
authorization, in violation of these Terms of Use or in violation of applicable law. Violations of
system or network security may result in civil or criminal liability. Company will investigate
occurrences that may involve such violations, and may involve, and cooperate with, law
enforcement authorities in prosecuting those who are involved in such violations. You agree not
to use any device, software or routine to interfere or attempt to interfere with the proper working
of this APP or any activity being conducted on this APP.
Access to APP; Indemnification
In the event access to the APP or a portion thereof is limited requiring a user ID and password
(“Protected Areas”), you agree to access Protected Areas using only your user ID and password
as provided to you by Company. You agree to protect the confidentiality of your user ID and
password, and not share or disclose your user ID or password to any third party. You agree that
you are fully responsible for all activity occurring under your user ID. Your access to the APP
may be revoked by Company at any time with or without cause. You agree to defend, indemnify
and hold Company harmless from and against all third party claims, damages and expenses
(including reasonable attorney fees) against or incurred by Company arising out of your use or
access of the APP, or access by anyone accessing the APP using your user ID and password.
Accuracy and Integrity of Information
Although Company attempts to ensure the integrity and accurateness of the APP, it makes no
representations, warranties or guarantees whatsoever as to the correctness or accuracy of the
APP and Content thereon. It is possible that the APP could include typographical errors,
inaccuracies or other errors, and that unauthorized additions, deletions and alterations could by
made to the APP by third parties. In the event that an inaccuracy arises, please inform Company
so that it can be corrected. Information contained on the APP may be changed or updated
without notice. Additionally, Company shall have no responsibility or liability for information
or Content posted to the APP from any non-Company affiliated third party.
Online Transactions – Purchase
There is a link on our APP to an email address to facilitate online store purchases. The
transaction by email is succinct and separate from the APP but for the link on the APP to the
email address. The emails supporting the transactions are through separate email servers and are
not stored or available through the APP.
MEDICAL ADVICE DISCLAIMER
THE CONTENT OF THE APP, INCLUDING WITHOUT LIMITATION, TEXT, COPY,
AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS,
IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE
PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR
RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE
OF YOUR QUALIFIED HEALTH CARE PROFESSIONALS WITH ANY QUESTIONS OR
CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY
MEDICAL CONDITIONS. RELIANCE ON ANY INFORMATION APPEARING ON THE
APP, WHETHER PROVIDED BY COMPANY, ITS CONTENT PROVIDERS, ITS CLIENTS,
VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK.
CALIFORNIA PRIVACY DISCLOSURES
California consumers have a right to knowledge, access, and deletion of their personal
information under the California Consumer Privacy Act. California consumers also have a right
to opt out of the sale of their personal information by a business and a right not to be
discriminated against for exercising one of their California privacy rights. Epoch Laser does not
sell the personal information of California consumers and does not discriminate in response to
privacy rights requests.
Epoch Laser provides notice of our privacy practices in our Privacy Policy. The Privacy Policy
includes what personal information is collected, the source of the personal information, and the
purposes of use, as well as whether Epoch Laser discloses that personal information and if so,
the categories of third parties to whom it is disclosed.
California Consumers can exercise their rights directly by either calling 440-785-2288 or
emailing Johneck@lasertherapyservices.com. Epoch Laser will ask you for information which
we consider necessary to verify your identity for security and to prevent fraud. This information
may include name, contact information, and information related to your transaction or
relationship with Epoch Laser, but the specific information requested may differ depending on
the circumstances of your request for your security and to protect privacy rights. If we delete
your personal information, we will both render certain personal information about you
permanently unrecoverable and also de-identify certain personal information.
GENERAL WARRANTY DISCLAIMER
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE APP WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE APP WILL BE
CORRECTED. THIS APP, INCLUDING ANY CONTENT OR INFORMATION
CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICES, IS PROVIDED “AS IS,”
WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NONINFRINGEMENT.
COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR
ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY
INFORMATION OBTAINED THROUGH THE APP. COMPANY DOES NOT WARRANT
THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION
OBTAINED THROUGH THE APP.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS APP,
APP-RELATED SERVICES, AND LINKED WEBAPP(S), IF ANY. COMPANY DOES NOT
WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES,
WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE
RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR
NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT COMPANY SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY
FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE APP AND OF THE INTERNET.
LIMITATION OF LIABILITY REGARDING USE OF APP
COMPANY AND ANY THIRD PARTIES MENTIONED ON THIS APP ARE NEITHER
RESPONSIBLE, NOR LIABLE FOR, ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM
LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR
RELATING IN ANY WAY TO THE APP, APP-RELATED SERVICES, CONTENT OR
INFORMATION CONTAINED WITHIN THE APP, AND/OR ANY LINKED WEBAPP,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP, APPRELATED
SERVICES, AND/OR LINKED WEBAPP(S) IS TO STOP USING THE APP
AND/OR THOSE SERVICES.
With regards to any dispute between Laser Therapy Services, LLC and the User regarding any
allegation of Breach of this Privacy Policy, the parties agree to first attempt to resolve those
differences informally by appointing a designated employee of each with authority to reach a
resolution. Thereafter if informal attempts to resolve the issue(s) remain unsuccessful, the
parties hereby agree to retain an independent mediator – located in Ohio – to conduct mediation
of the issue(s), in Cuyahoga County, Ohio, and in which case the parties shall share the
mediator’s fee and costs of mediation equally. In the event resolution is not successful through
mediation, then the parties further agree to dispute resolution through arbitration which limits the
manner, procedure and substance in which either party can seek relief, as follows:
a. The parties are required to arbitrate their disputes, so long as, resolution through
mediation is not successful.
b. The parties agree that any dispute or claim relating in any way to this Privacy
Policy or the wrongful disclosure of Confidential Material will be resolved by binding
arbitration, rather than in court, except the User or Laser Therapy Services, LLC may seek
equitable relief in court for infringement or other misuse of intellectual property rights (such as
trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This arbitration
Privacy Policy shall apply, without limitation, to all claims that arose or were asserted before the
effective date of this Privacy Policy or any prior version of this Privacy Policy.
c. Arbitration Rules and Forum: The Federal Arbitration Act governs the
interpretation and enforcement of this arbitration Privacy Policy. The arbitration will be
conducted in Ohio, by JAMS, an established alternative dispute resolution provider. Disputes
involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest,
shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and
procedures available at http://www.jamsadr.com/rules-streamlined-arbitration; all other claims
shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and
Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules
are also available at http://www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not
available to arbitrate, the parties will select an alternative arbitral forum. The parties may choose
to have the arbitration conducted in person, by Webex, by telephone, or in San Francisco or
Irvine, California based on written submissions, or at another mutually agreed location. Any
judgment on the award rendered by the arbitrator may be entered in any court of competent
jurisdiction.
d. Authority of Arbitrator: The arbitrator shall have exclusive authority to (a)
determine the scope and enforceability of this arbitration Privacy Policy and (b) resolve any
dispute related to the interpretation, applicability, enforceability or formation of this arbitration
term/Privacy Policy including, but not limited to any claim that all or any part of this arbitration
Privacy Policy is void or voidable. The arbitration will decide the rights and liabilities, if any, of
the parties regarding the underlying disputes. The arbitration proceeding will not be consolidated
with any other matters or joined with any other cases or parties. The arbitrator shall have the
authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the
authority to award monetary damages and to grant any non-monetary remedy or relief available
to an individual under applicable law, the arbitral forum’s rules, and the terms (including the
arbitration Privacy Policy). The arbitrator shall issue a written award and statement of decision
describing the essential findings and conclusions on which the award is based, including the
calculation of any damages awarded. The arbitrator has the same authority to award relief on an
individual basis that a judge in a court of law would have. The award of the arbitrator is final and
binding upon the parties.
e. Waiver of Jury Trial: DISCLOSING User AND Laser Therapy Services, LLC
HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN
COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. Disclosing User and
Laser Therapy Services, LLC are instead electing that all claims and disputes shall be resolved
by arbitration under this Arbitration Privacy Policy, except as specified with regards to equitable
relief above. An arbitrator can award on an individual basis the same damages and relief as a
court and must follow this Privacy Policy as a court would. However, there is no judge or jury in
arbitration, and court review of an arbitration award is subject to very limited review.
f. Waiver of Class or Other Non-Individualized Relief: ALL CLAIMS AND
DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION Privacy Policy MUST BE
ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE
BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE. If a decision is issued stating that
applicable law precludes enforcement of any of this subsection’s limitations as to a given claim
for relief, than then claim must be severed from the arbitration and brought into the State or
Federal Courts located in Ada County, Idaho. All other claims shall be arbitrated.
g. Severability: Except as provided above, if any part or parts of this arbitration
Privacy Policy are found under the law of the state of Idaho to be invalid or unenforceable, then
such specific part or parts shall be of no force and effect and shall be severed and the remainder
of the arbitration Privacy Policy shall continue in full force and effect.
h. Survival of Privacy Policy: This arbitration Privacy Policy will survive the
termination of Disclosing User’s relationship with Laser Therapy Services, LLC.
i. Each Party acknowledges that money damages would be both incalculable and an
insufficient remedy for any breach of this Privacy Policy by the other Party or its respective
Representatives and that any such breach would cause the non-breaching Party irreparable harm.
Accordingly, each Party agrees that in the event of any breach or threatened breach of this
Privacy Policy, the non-breaching Party, in addition to any remedies at law or in equity may
have, shall be entitled, without requirement of posting a bond or other security, to equitable
relief, including injunctive relief and specific performance, without proof of actual damages.
Neither party is entitled to exemplary damages.
j. In the event of any dispute or claim relating to the APP or these Terms of Use, the
Privacy Policy, User and Laser Therapy Services, LLC agree to resolution, arbitration and
litigation of such dispute pursuant to laws of the state of Idaho and in the state or federal courts
located in Ohio, in accordance with Ohio law.
External APPs
Company makes no representations whatsoever about any other webAPP that you may access
through this APP. When you access a non-Company APP, please understand that it is
independent from Company, and that Company has no control over the Content on that webAPP.
In addition, a link to a non-Company webAPP does not mean that Company endorses or accepts
any responsibility for the Content, or the use, of the linked APP. It is up to you to take
precautions to ensure that whatever you select for your use or download is free of such items as
viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access
any of the third party APPs linked to this APP, you do this entirely at your own risk.
ONLINE PRIVACY
Scope. This section describes how we use and share personal information collected through this
APP. Our APP also may contain links to third party APPs that are not owned or controlled by
Company. Please be aware that we are not responsible for the privacy practices of such other
APPs. We encourage you to be aware when you leave our APP and to read the privacy
statements of each and every webAPP that collects personal information.
Information You Provide To Us. You can not provide information to us on our APP
through any means, but for by email via the APP link to our email address. Other than
that you can not contact us through our APP. You can not share information via the APP.
No Children Under Age 13. If you are under the age of 13, please do not attempt to utilize
APP. Children under the age of 13 are forbidden from utilizing this APP. Please call us at
440-785-2288 if any unapproved User is attempting to utilize the APP.
Information We Collect Automatically. We do not collect information automatically as you
use our APP. We do not collect usual information in the APP-World, such as IP address,
browser type, computer or device type, the webAPP from where you navigated to our APP, and
the pages on our APP that you view.
Cookies and Other Tracking Technology. We do not use common Internet technologies, such
as cookies and other tracking technology, or other digital properties such as social media APPs,
email campaigns through the APP, and online advertising.
Cookies, beacons, tags, log files and other technologies will not be used to collect information
about visitors to our APP.
How We Use and Share Your Information. We do not use or share your information.
Access To Your Information And Choices
If you have questions, comments, or concerns please contact us at 440-785-2288.
Security Of Your Information
Please note that e-mails you send to us through our link are not encrypted, and we strongly
advise you not to communicate any confidential information through non-encrypted means.

Revisions To Terms Of Use/Privacy; General Terms
Company reserves the right, in its sole discretion, to terminate your access to all or part of this
APP, with or without cause, and with or without notice. In the event that nay of the Terms of use
are held by a court or other tribunal of competent jurisdiction to be unenforceable, such
provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of
Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire
agreement between Company and you pertaining to the subject matter hereof. In its sole
discretion, Company may from time-to-time revise these Terms of use by updating this posting.
You should, therefore, periodically visit this page to review the current Terms of Use, so you are
aware of any such revisions to which you are bound. Certain provisions of these Terms of Use
may be superseded by expressly designated legal notices or terms located on particular pages
within this APP.