BRILLIANT BABIES

WEBSITE TERMS OF SERVICE

Effective Date: March 31, 2026

Last Updated: April 13, 2026

1. Acceptance of Terms

Welcome to the website of Adriana Rusch, d/b/a Brilliant Babies (“Brilliant Babies,” “we,” “us,” or “our”), an occupational therapy practice located in California. By accessing or using our website at www.brilliantbabiesot.com (the “Site”), you (“you” or “user”) agree to be bound by these Terms of Service (“Terms”). If you do not agree with these Terms, you must not use the Site.

These Terms constitute a legally binding agreement between you and Brilliant Babies. We reserve the right to modify these Terms at any time. Changes will be effective when posted to the Site with an updated “Last Updated” date. Your continued use of the Site following any changes constitutes acceptance of those changes.

2. Description of Services

The Site provides information about our occupational therapy practice, including descriptions of services offered, clinician information, and general practice information. The Site also provides the following interactive features:

(a)   Online appointment booking and scheduling through integration with Jane App (“Jane”), a third-party practice management platform.

(b)   Patient intake forms and questionnaires that may be completed electronically prior to your appointment.

Your use of Jane App is subject to Jane’s own terms of service and privacy policy, which are separate from and in addition to these Terms. We encourage you to review Jane’s terms before using its services. We are not responsible for the terms, policies, or practices of Jane App or any other third-party platform.

3. No Therapist-Patient Relationship

The information provided on this Site is for general informational purposes only and does not constitute occupational therapy advice, diagnosis, or treatment. Use of the Site, including browsing content or submitting an appointment request, does not establish a therapist-patient relationship between you and Brilliant Babies or any of its clinicians.

A therapist-patient relationship is established only through a formal evaluation and mutual agreement to proceed with treatment, conducted in accordance with applicable California law and professional ethical standards. Booking an appointment through the Site is a scheduling request only and does not guarantee that a therapist-patient relationship has been formed.

4. Not a Substitute for Professional Care

Nothing on the Site should be interpreted as a recommendation to pursue or forgo any particular treatment, therapy approach, or course of action. The content on the Site is not intended to replace professional occupational therapy evaluation, treatment, or medical advice.

If you have concerns about your health or the health of a child in your care, you should contact a qualified healthcare professional directly. In case of a medical emergency, call 911 or go to your nearest emergency room.

5. Online Scheduling and Intake Forms

5.1 Appointment Scheduling

The Site allows you to request appointments through Jane App. Submission of a scheduling request does not guarantee an appointment. We reserve the right to confirm, reschedule, or decline any appointment request at our discretion. You will receive confirmation of your appointment from us or through Jane App.

5.2 Patient Intake Forms

You may be asked to complete intake forms or questionnaires electronically before your appointment. By submitting these forms, you represent that the information you provide is accurate and complete to the best of your knowledge. You understand that providing false or misleading information may affect the quality of care you receive.

5.3 Minors

If you are completing intake forms or scheduling an appointment on behalf of a minor patient (under 18 years of age), you represent and warrant that you are the minor’s parent or legal guardian, or that you are otherwise legally authorized to act on the minor’s behalf and to consent to the collection and use of the minor’s information as described in our Privacy Policy.

6. Health Information and HIPAA

Brilliant Babies is a covered entity under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Our use and disclosure of your protected health information (“PHI”) is governed by our Notice of Privacy Practices, which is provided separately and is available upon request.

While we take reasonable steps to protect information submitted through the Site, you acknowledge that no method of electronic transmission or storage is completely secure. Information submitted through general contact forms or email communications via the Site may not be encrypted and should not be used to transmit sensitive health information. We encourage you to use our secure patient portal through Jane App for any communications involving PHI.

7. User Conduct

By using the Site, you agree that you will not:

(i)     Use the Site for any unlawful purpose or in violation of any applicable law or regulation.

(ii)    Attempt to gain unauthorized access to any portion of the Site, its servers, or any systems or networks connected to the Site.

(iii)   Submit false, misleading, or fraudulent information through any form on the Site.

(iv)  Use the Site to transmit any malicious code, virus, or other harmful technology.

(v)   Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available.

(vi)  Scrape, mine, or otherwise collect data from the Site through automated means without our prior written consent.

(vii) Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.

8. Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of Brilliant Babies or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may view and print content from the Site for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from the Site without our prior written permission.

9. Third-Party Links and Services

The Site may contain links to third-party websites or services, including but not limited to Jane App. These links are provided for your convenience only. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party website or service. Your interaction with any third-party website or service is governed by that third party’s own terms and policies.

10. Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRILLIANT BABIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, 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, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any content on the Site.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRILLIANT BABIES, ITS CLINICIANS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, REGARDLESS OF THE THEORY OF LIABILITY.

This limitation of liability applies to the fullest extent permitted by law in the State of California. Nothing in these Terms is intended to limit liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or fraud.

Important: This limitation of liability applies solely to your use of the Site and does not limit or modify our professional liability or standard of care as an occupational therapy provider under California law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Brilliant Babies, its clinicians, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of any third party.

13. Privacy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. Our Privacy Policy is incorporated by reference into these Terms. Please review our Privacy Policy carefully before using the Site.

Our Privacy Policy is separate from our HIPAA Notice of Privacy Practices, which governs the use and disclosure of protected health information in the context of the therapist-patient relationship.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in Orange County, California, and you consent to the personal jurisdiction of such courts.

15. Accessibility

We are committed to making the Site accessible to all users, including individuals with disabilities. If you experience difficulty accessing any content on the Site, please contact us at adriana@brilliantbabiesot.com so that we can work to provide the information you need in an accessible format.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the Site, constitute the entire agreement between you and Brilliant Babies concerning your use of the Site. These Terms supersede all prior agreements, representations, and understandings relating to the subject matter hereof.

18. Email Contact for Further Information

If you have any questions about these Terms, please contact us at adriana@brilliantbabiesot.com