Last updated: August 20, 2026
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.drbarberclinic.com website (the "Website") operated by Element One Acupuncture PLLC, a Professional Limited Liability Company formed in New York, United States ("us", "we", "our"), as these Terms of Service contain important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
This Website provides general information about acupuncture, dry needling, and Chinese herbal medicine. That information is educational and is not medical advice. Using this Website, submitting a form, or communicating with us through this Website does not create a clinician and patient relationship. Please read our Disclaimer in full, and call 911 or go to the nearest emergency department if you believe you are having a medical emergency.
We offer professional services. Nothing is sold or shipped through this Website, and this Website does not operate a store.
Fees for our services are provided to you before an appointment is confirmed. Quoted fees do not include taxes or any other charge that may apply. We may change our fees at any time, and the fee that applies to you is the fee in effect when your appointment is confirmed.
You may cancel a booked appointment. Cancellation requires at least 24 hours notice. If you cancel with at least 24 hours notice, no cancellation fee applies and any amount you have paid for that appointment is refunded in full. If you cancel with less than 24 hours notice, or do not attend, the full appointment fee is charged as a cancellation fee.
We reserve the right to cancel a booked appointment at our sole discretion, including but not limited to instances of fraud, inaccuracy in your booking, or unavailability of the practitioner. If we cancel your appointment, we will refund in full any amount you have paid for that appointment.
Refunds are issued as described in the cancellation policy above. Once a service has been performed, that service is not refundable.
We may ask you to provide an advance payment for any service booked through this Website. An advance payment is a partial payment of the total fee that helps cover our actual costs in reserving and preparing for your appointment. We will refund the advance payment you made if we cancel your appointment, and we will refund the advance payment you made if you cancel your appointment within the cancellation window described above.
THE SERVICES DESCRIBED OR OFFERED ON THIS WEBSITE ARE PROVIDED "AS IS". NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY SERVICE DESCRIBED OR OFFERED ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. NO OUTCOME OF ANY TREATMENT IS GUARANTEED.
You agree that the remedy for breach of these Terms of Service as they relate to your booking shall be to pursue dispute resolution as provided in the "governing law, severability, dispute resolution, venue and class action waiver" section below. This remedy is intended to be your sole and exclusive remedy for any breach of these Terms of Service as they relate to your booking.
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
THIS WEBSITE IS PROVIDED "AS IS". NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
We assume no liability for the availability, errors or inaccuracies of the information or services described on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information and service descriptions found on the Website may contain errors or inaccuracies, or may not be complete or current. Services may be described at an incorrect fee or may be unavailable. We expressly reserve the right to correct any error on our Website. The inclusion of any third party product or service on this Website does not constitute an endorsement or recommendation of that product or service by us.
IN NO EVENT SHALL ELEMENT ONE ACUPUNCTURE PLLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF ELEMENT ONE ACUPUNCTURE PLLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF ELEMENT ONE ACUPUNCTURE PLLC ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY ELEMENT ONE ACUPUNCTURE PLLC FROM YOU.
THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF SERVICE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF SERVICE INURE TO THE BENEFIT OF ELEMENT ONE ACUPUNCTURE PLLC.
IF, DESPITE THE LIMITATION ABOVE, ELEMENT ONE ACUPUNCTURE PLLC IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF ELEMENT ONE ACUPUNCTURE PLLC WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO ELEMENT ONE ACUPUNCTURE PLLC IN CONNECTION WITH SUCH TRANSACTION OR TRANSACTIONS.
NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED, INCLUDING LIABILITY ARISING FROM THE PROVISION OF PROFESSIONAL HEALTHCARE SERVICES.
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
We send SMS messages only where you have consented to receive them. Message and data rates may apply. Message frequency varies. Carriers are not liable for undelivered or delayed messages. Reply STOP to any message to opt out, or HELP for assistance. Please do not send clinical, urgent, or emergency information by SMS.
All contents of this Website are copyright 2026 Element One Acupuncture PLLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, "Content") are the proprietary property of Element One Acupuncture PLLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Element One Acupuncture PLLC or third parties in the United States or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Jordan Barber at [email protected].
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled "Infringement of Intellectual Property Rights - DMCA." Your notice to us must include the following information:
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys' fees, for any misrepresentation or bad faith claim regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
Element One Acupuncture PLLC
Jordan Barber
[email protected]
917-409-6659
118 West 72nd Street, Rear of the Lobby
New York, NY 10023
United States
These Terms shall be governed and construed in accordance with the laws of the state of New York, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms, including but not limited to the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in New York County, New York.
YOU AND ELEMENT ONE ACUPUNCTURE PLLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to these Terms of Service. The date at the top of this page reflects the most recent revision.
If you have any question about our Terms of Service, please contact us through our contact form or write to [email protected].
