PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEBSITE AT https://dripgym.com/, CLICKING “I AGREE” WHEN REQUIRED, CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE (AS DEFINED BELOW), OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS OF SERVICE ON YOUR BEHALF.
ARBITRATION NOTICE: BY AGREEING TO THESE TERMS OF SERVICE, YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND THE MEDICAL GROUPS OR PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH HEREIN.
IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY, OR DIAL 911. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.
Medical Weight Loss PC (“Medical Weight Loss,” “we,” or “us”) owns and operates this website located at https://dripgym.com/ as well as the Drip Gym mobile application (collectively, the “Platform”). Medical Weight Loss provides the Platform and accompanying booking and membership services (the “Service”) and connects individuals to local healthcare providers in their area. Your access and use of the Platform and the Service are governed by these Terms of Service (“Terms of Service” or “Agreement”).
Please read this Agreement carefully because it sets forth the important terms you will need to know about the Service. In this Agreement, the terms “you” and “yours” refer to the person using the Service, or in the case of use of the Service by or on behalf of a minor, “you” and “yours” refer to and include (i) the parent or legal guardian who provides consent to the use of the Service by such minor or uses the Service on behalf of the minor, and (ii) the minor for whom consent is being provided or on whose behalf the Service is being utilized. Please see the “Limited Use and Availability” Section of this Agreement for more information regarding the use of the Service by minors and applicable limitations on such use. Notwithstanding the foregoing, the Service is not intended for individuals under the age of thirteen (13), and individuals under the age of thirteen (13) are prohibited from using all or any part of the Service or entering into this Agreement, even if a parent or legal guardian would be willing to provide consent to the use of the Service or this Agreement. Please contact us at firstname.lastname@example.org if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Service without your consent.
Your access to and use of the Service is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with, and/or using the Service, except as necessary to review this Agreement. The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to this page. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Service. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.
Medical Weight Loss PC only operates the Platform and booking service and contracts with medical entities and medical providers who deliver medical services, but Medical Weight Loss PC is not itself a medical entity or provider and is not responsible for providing any medical services.
We make available to individuals who register as users of the Service (“Users”) certain services of third-party medical providers, pharmacies, or other vendors via our Service. Our Service provides access to medical groups and medical providers throughout the United States and the world who are appropriately licensed in the applicable state or jurisdiction and provide the healthcare services (the “Medical Groups”). The Medical Groups employ or contract with physicians and allied health professionals, including nurses, physician assistants, and others who offer certain healthcare services permitted in their local state or jurisdiction (“Providers”). We also provide access to prescription fulfillment services offered by pharmacies (the “Pharmacies”) and laboratory services from laboratories (the “Labs”). By accepting this Agreement, you acknowledge and agree that any services you receive from the Medical Groups, Providers, Labs, and Pharmacies that were booked through the Platform are also subject to this Agreement, and that the Medical Groups, Providers, Labs, and Pharmacies are third-party beneficiaries of this Agreement. You further agree that Medical Weight Loss PC is not responsible or liable for the provision of any medical services and you release Medical Weight Loss PC and its owners, officers, members, managers, employees, and agents from any and all liability relating to the provision of any medical services.
We only schedule your requested service(s) and bill you on behalf of the Medical Groups, Providers, Pharmacies, and Labs. We do not provide medical care services. Our booking service is not engaged in the practice of medicine, and we are not responsible for providing healthcare services or making any determinations about your care.
We do not control or interfere with the practice of medicine by the Medical Groups or any Providers, each of whom is solely responsible for directing the medical care and/or treatment they provide to you. By accepting this Agreement, you acknowledge and agree that Medical Weight Loss PC is not a medical corporation or healthcare provider and that by using the Service, you are not entering into a doctor-patient or other healthcare provider-patient relationship with Medical Weight Loss PC. By using the Service, you may, however, be entering into a doctor-patient or other healthcare provider-patient relationship with a Medical Group and/or one or more Providers. Further, we do not control or interfere with any professional service provided by the Labs and Pharmacies, each of which is solely responsible for their provision of professional services.
Your interactions with Medical Groups and Providers are NOT intended to take the place of your relationship(s) with your regular in-person healthcare practitioner(s) and primary care providers.
By accepting this Agreement, you acknowledge and agree that the Medical Group and/or Providers may send you messages, reports, and emails via the Service regarding your diagnosis and/or treatment. You understand and agree that Medical Weight Loss PC is not responsible for the security or privacy of communications services you use to receive the aforementioned messages, reports, and emails sent via the Service. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Medical Weight Loss PC nor the Medical Group nor any Provider will be responsible in any way and you will not hold Medical Weight Loss PC, the Medical Group, or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group or your Provider(s).
Medical Weight Loss PC and the Medical Groups do not accept commercial health insurance plans, are not in-network with any commercial health insurance plans, and are not enrolled with, and are not participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any healthcare services or supplies. As such, neither you nor Medical Weight Loss PC or the Medical Groups may receive payment from insurance or such programs for the services or products provided to you by Medical Weight Loss PC or the Medical Groups. Furthermore, to the extent that any of the Labs, Pharmacies, or Providers may be enrolled in federal or state healthcare programs, the means through which the services and products are provided or made accessible through the Service typically preclude such services and products from being covered benefits under these programs. By choosing to use the Service, you are specifically opting to obtain products and services on a cash basis outside of any commercial health insurance plan or federal or state healthcare program. Therefore, you bear sole financial responsibility for the costs of any service or product provided to you.
By agreeing to use the Service, you acknowledge and agree that (1) you are expressly choosing to obtain products and services on a cash basis outside of any commercial health insurance plan or federal or state healthcare program, and you have sole financial responsibility for all services or products provided to you by or through the Service, and (2) neither you nor Medical Weight Loss PC, the Labs, the Pharmacies, the Medical Groups, or the Providers will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Service.
Certain products available through the Platform require a valid prescription by a licensed healthcare Provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers, the Provider has determined that the prescription product is suitable for you, and the Provider has issued a prescription.
In the event that a Provider concludes that a prescription product is appropriate for you and prescribes it, you will receive guidance regarding the options for obtaining the prescribed product. Specific prescriptions may be fulfilled by one of the Pharmacies via the Platform, or you may choose to fill the prescription at any pharmacy of your preference. It’s important to note that prescriptions fulfilled by the Pharmacies may not involve child-resistant packaging, and the prescription products will not be dispensed in child-resistant containers. It is your responsibility to ensure that prescription products are stored out of the reach of children.
Should you complete a consultation with a Provider and proceed to fill a prescription through one of the Pharmacies, the prescription product will be delivered to you by the respective Pharmacy. The expenses associated with the prescription are included in the total charged to you by the Service, as outlined in the “Subscriptions and Membership Services” section above. If you choose to fill a prescription at a pharmacy other than the Pharmacies, the Service will transmit the prescription to your selected pharmacy. However, you will be responsible for picking up or otherwise obtaining the prescription product and for making direct payment to the pharmacy for the prescription product’s cost. By using the Service, you provide your consent to us to transmit and disclose to your chosen pharmacy all the information provided by you, healthcare records, and other relevant healthcare information and personal details (such as your name, location, and demographic information) to enable the provision of pharmacy services.
Prescription products accessible through the Platform are categorized as “Third-Party Goods and Services,” as detailed in the Third-Party Goods and Services section of this Agreement.
By making use of the Service to engage in transactions, you agree to fulfill all fees associated with the services requested, in accordance with the fees and payment terms presented to you. Prices are subject to change at our sole discretion. When prompted, provide your payment details, including credit card information and any promotional codes you possess. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the applicable amount, including recurring fees linked to Subscription Services.
All monetary transactions involving credit cards, debit cards, and other payment methods on or via the Service are conducted through an online payment processing application accessible through the Service. This online payment processing application is provided by Medical Weight Loss PC’s third-party online payment processing vendor.
You understand and agree that you are responsible for all fees due to receiving healthcare services and pharmacy prescription services, including any fees charged by the Medical Groups, Providers, Pharmacies, and Labs that provide services to you through the Service. Payments you make to Medical Weight Loss PC may encompass fees charged by the Medical Groups, Providers, Pharmacies, and Labs, which Medical Weight Loss PC collects on their behalf.
Should your credit card expire or our third-party payment processors be unable to process your payment, you may receive a notice to provide an alternative payment method. Neither we nor the Medical Groups, Providers, Pharmacies, or Labs have any obligation to provide services to you until full payment is received and/or verified. Maintaining accurate and up-to-date payment information (such as credit card number and billing address) is your responsibility.
Only valid payment methods acceptable to us may be utilized to complete a purchase via the Service. You affirm that you are authorized to use your designated payment method. You grant us permission to charge your designated payment method for the total order amount (including applicable taxes and shipping and handling charges). If your designated payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment service providers may request and receive updated payment card information from your payment card issuer, such as updated card numbers and expiration date information when your credit card expires. If such updated information is provided to us and our third-party payment service providers, you agree that we may update your account information accordingly and use such updated information to process payments for future purchases and applicable subscription charges (including any applicable taxes, shipping and handling charges). If you wish to opt out of your payment card’s updating service, contact your card issuer. We are not liable for any fees or charges imposed by your bank or payment card issuer. If your bank or card issuer reverses a charge to your payment card, we may bill your account directly and seek payment through an alternative method, including a mailed statement.
All products available for purchase from Medical Weight Loss PC are subject to availability. We reserve the right to set quantity limits on orders or decline all or a portion of an order without prior notification. In the event of an error, we may correct the error and amend your order accordingly (including charging the correct price) or cancel the order and refund the charged amount. Product prices are subject to change at any time. You are responsible for any applicable sales, use, duty, customs, or other governmental taxes, levies, or fees (“Taxes”) relevant to your purchase of products or services through our Service. We will collect applicable Taxes if required. An estimate of the collected Taxes will be presented during checkout, unless the price is explicitly stated to include Taxes. The actual charged Taxes may differ from the amount shown during checkout due to factors such as differences between processor programs and fluctuations in tax rates. Taxes are not collected by us in all states. If we do not collect such Taxes, you may be obligated to directly report and remit them.
Should any product in your order be unavailable, you will only be charged for the prices, Taxes, and other applicable charges associated with the products included in the shipment. When completing a purchase through the Service, you may be required to supply transaction-relevant information, including your payment card number and expiration date, billing address, shipping address, phone number, and/or email address. By providing such information, you grant Medical Weight Loss PC the irrevocable, unrestricted, worldwide, and perpetual right to share this information (including any updated information we receive) with third parties (such as payment processing companies, buyers and sellers on the Service) to facilitate the transaction.
You are responsible for any shipping and handling charges, if applicable, as indicated at the time of purchase. We retain the right to
modify, decrease, add, or eliminate shipping and handling charges periodically. Notice of the changes applicable to you will be provided before you finalize your purchase. Any delivery dates or times provided during checkout are estimates and not guarantees. Unless otherwise stated in writing via the Service, the risk of product loss or damage passes to you upon delivery of the product to our designated carrier.
We address User issues and concerns on a case-by-case basis at our discretion. We reserve the right to address customer issues and concerns based on individual circumstances.
Our Service is currently only available to individuals who are located in states and countries in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement; provided, however, that individuals who are located in the states and countries in which we offer the Service and are between the ages of 13 and 18 may use the Service if a parent or legal guardian provides consent to such use in accordance with the requirements set forth in this Agreement and the Service. By visiting, accessing, registering with or using the Service, you are (a) representing and warranting to us that you are either (1) at least eighteen (18) years of age or older or at least the age of majority in your jurisdiction of residence, if higher than eighteen, or (2) at least thirteen (13) years of age and have obtained consent from your parent or legal guardian to use the Service, (b) if you are a parent or legal guardian providing consent for an individual minor who is under the age of eighteen (18) (or such higher age of majority under applicable state law), representing and warranting to us that you are the parent or legal guardian for such minor and have all legal power and authority to provide consent for the use of the Service by such minor, (c) representing and warranting to us that when you use the Service to consult with a Provider, you are located in the same state as the shipping address you provide in your account at the time that you conduct such consultation, (d) agreeing to comply with all applicable laws in visiting, accessing, registering with our using the Service, and (e) agreeing that you will only use the Service for lawful purposes. Our Service is subject to state and local regulations and may change from time to time due to changes in applicable regulatory requirements.
Certain products available through the Service are subject to additional age restrictions, and not all products or services are available to all ages.
In some cases, the Service may not be the most appropriate way for you to provide information to, communicate with or seek medical care and treatment from a healthcare provider. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the Service. In such a case, you may receive notification that you will be unable to use the Service for the particular issue you submitted with additional information regarding next steps.
You bear the responsibility of providing and maintaining, at your own risk, choice, and expense, suitable software and hardware capabilities (in line with any technical, quality, or other specifications outlined in the Service) that enable the utilization of the Service. This includes having a computer or mobile device with a video camera and access to the internet. Any fees incurred while accessing the Service, including internet connection or mobile fees, are solely your responsibility. You are also obligated to furnish truthful, accurate, and comprehensive information in any forms or communications submitted through the Service. We reserve the right to modify the access configuration, including software, hardware, or other requirements of the Service, without prior notice.
The Medical Groups and Providers have adopted a Notice of Privacy Practices detailing their use and disclosure of Protected Information. By accessing or using any part of the Service, you acknowledge receipt of the Notice of Privacy Practices from your Medical Group and Provider(s).
To access the Service, you must register and create an account within the Platform. The Service is exclusively available to Users who have registered and been granted accounts with unique usernames and passwords. For the sake of clarity, the information you provide to Medical Weight Loss PC during the registration and account setup process, including your name, username, email address, shipping address, and phone number, does not fall under the category of Protected Information as outlined in the “Protected Health Information” section above. By registering and using an account on the Platform, you agree to maintain and update your information accurately, as well as inform Medical Weight Loss PC, a Medical Group, its Providers, the Labs, or the Pharmacies promptly about any changes. Failure to uphold accurate and up-to-date information, or providing untruthful, incomplete, or inaccurate information, may result in the suspension or termination of your account and your access to the Service. It is also your responsibility to promptly notify Medical Weight Loss PC via email at email@example.com or using our contact form in the event of unauthorized use of your username, password, or any security breach relating to the Service. Additionally, you are required to keep your username and password confidential and to log out of your User account after each session. Medical Weight Loss PC explicitly disclaims any liability for losses or damages stemming from your non-compliance with this section. You are prohibited from using someone else’s account.
Upon account creation, you will need to generate a username and password for accessing your account. To safeguard the privacy of transmitted data via the Service, especially when personal identifiable information is requested, we employ encryption technology like Secure Sockets Layer (SSL) or similar encryption mechanisms. We take measures to secure User data against unauthorized access. Nevertheless, please bear in mind that the Service and our offerings rely on software, hardware, and networks, each of which may require maintenance, face issues, or be subject to security breaches beyond our control. Additionally, individuals with access to your computer, phone, or other devices might potentially access the Service and the information associated with your account, including medical information. It’s your responsibility to actively log out of your account when not in use and ensure unauthorized physical access to your computer, phone, and other devices is prevented. You must also uphold the confidentiality of your username and password.
Exercise caution, use good judgment, and be prudent when using the Service. Unauthorized attempts to breach the Service’s security are strictly prohibited. Engaging in such activities could result in criminal and/or civil penalties. Medical Weight Loss PC reserves the right to investigate any suspected violations, cooperating with law enforcement agencies in case of suspected criminal activity.
The Service, along with the information and content accessible through it, is safeguarded by global copyright laws. Subject to this Agreement, Medical Weight Loss PC grants you a restricted, non-transferable, and revocable license to access and use the Service exclusively for your personal use. Unless explicitly stated otherwise in a separate license, your utilization of any part of the Service or its content is governed by this Agreement, and all rights to the Service and its content remain the property of Medical Weight Loss PC. You acknowledge that Medical Weight Loss PC and its suppliers retain all rights, titles, and interests in the Service (including, but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You shall not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service.
The stylized name “Drip Gym” and any related graphics, logos, service marks, and trade names utilized in connection with the Service are the trademarks of Medical Weight Loss PC and may not be used without explicit permission, including in relation to third-party products or services. Other trademarks, service marks, and trade names that may appear on or within the Service are the property of their respective owners.
Except where limitations related to Protected Information are indicated below, any information you send to Medical Weight Loss PC via the Service, whether through direct entry, submission, email, or any other means, including data, queries, comments, forum communications, or suggestions (collectively, “Submissions”), will be treated as non-confidential and non-proprietary, to the extent allowed by applicable law. Subject to applicable account settings you choose, you grant Medical Weight Loss PC a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display your Submissions (in whole or in part) for the purpose of providing and operating the Service for both you and our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your Submissions has fully and effectively waived all such rights and has granted you the right to provide the license mentioned above. You acknowledge that you, and not Medical Weight Loss PC, are solely responsible for all Submissions you provide through the Service. In addition, Medical Weight Loss PC has the sole discretion to edit, replicate, or alter your Submissions as necessary or desirable for any purpose, and you irrevocably waive any and all so-called moral rights you may have in your Submissions. Furthermore, you agree that you have no right of approval and no entitlement to compensation in connection with your Submissions.
In the event that a Submission you make contains Protected Information, Medical Weight Loss PC’s rights to use or disclose such Protected Information under this section will be limited to the extent required by applicable law.
You are strictly prohibited from utilizing or attempting to utilize the Service in any of the following ways: (i) for any unlawful, unauthorized, fraudulent, or malicious purpose; (ii) in a manner that could cause damage, disable, overburden, or impair any server or network(s) connected to any server; (iii) in a manner that might interfere with another party’s use and enjoyment of the Service; (iv) to gain unauthorized access to other accounts, computer systems, or networks through hacking, password mining, or any other means; (v) to access systems, data, or information not intended by Medical Weight Loss PC to be accessible to users; (vi) to obtain materials or information through any means not deliberately made available by Medical Weight Loss PC; (vii) to reverse engineer, disassemble, or decompile any portion or technology within the Service; or (viii) for any purpose other than the intended business purpose for which the Service was designed.
Furthermore, in connection with your usage of the Service, you agree not to: (a) upload or transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or any other intrinsic characteristic, or that could infringe on another’s right of privacy or publicity; (b) create false identities or duplicate accounts to mislead others or impersonate any person or entity, including any representative of Medical Weight Loss PC, or falsely represent your affiliation with any person or entity; (c) upload or transmit any material for which you lack the right to reproduce, display, or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files containing viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware, or similar software that may damage another’s computer or property; (e) remove any author attributions, legal notices, or proprietary designations or labels from any communication feature; (f) use the Service’s communication features in a manner that adversely affects its availability to other users (e.g., excessive shouting, all caps, or continuous posting of repetitive text); (g) upload or transmit unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing,” or any other form of solicitation, whether commercial or otherwise; (h) violate any applicable local, state, national, or international law; (i) upload or transmit material that infringes on any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party; (j) delete or alter any material posted by another person or entity; (k) manipulate or display the Service using framing, mirroring, or similar navigational technology; (l) probe, scan, test the vulnerability of, or breach the authentication measures of, the Service or related networks or systems; (m) register, subscribe, attempt to register or subscribe, unsubscribe, or attempt to unsubscribe any party for services, contests, promotions, or sweepstakes if not expressly authorized by such party; (n) harvest or collect information about others, including email addresses; (o) use any automated or manual means, such as robots, spiders, or scrapers, to access the Service, or copy, download, distribute, or reproduce any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities.
Medical Weight Loss PC reserves the right to take appropriate lawful actions in response to actual or suspected violations of the above, including but not limited to the suspension or termination of a user’s access and/or account. Medical Weight Loss PC may also collaborate with legal authorities and/or third parties in investigating any suspected or alleged crime or civil wrongdoing.
Various services or products, including those provided by Labs, Pharmacies, Medical Groups, and Providers (collectively referred to as “Third-Parties”), are made available through the Service. Additionally, Medical Weight Loss PC may offer for purchase specific services, devices, items, or products created, distributed, or sold by Third-Parties (“Third-Party Goods and Services”). Your engagement with any Third-Party Goods and any interactions with Third-Parties, such as payment and receipt of goods or services, along with any associated terms, conditions, warranties, or representations, are exclusively between you and the respective Third-Parties. It is your responsibility to conduct any necessary investigation you deem suitable or appropriate before engaging in any online or offline transaction involving Third-Parties or their offerings. When using the Service and sharing personal information, you must exercise caution, discretion, and sound judgment.
You hereby acknowledge that Medical Weight Loss PC shall not be held responsible or liable for any kind of loss or damage incurred as a result of your utilization of the Service, including Third-Party Goods and Services, or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, another User, or any other entity or individual, you expressly understand and agree that Medical Weight Loss PC is not obliged to intervene in such disputes. By accessing the Service or utilizing its features and services, you also release and indemnify Medical Weight Loss PC and its directors, officers, members, managers, employees, contractors, representatives, agents, predecessors, successors, and assigns (referred to as “Medical Weight Loss PC Parties”) from any and all claims, demands, and/or damages (whether actual or consequential) of every nature or kind, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service.
Certain individuals affiliated with Medical Weight Loss PC, including owners, managers, officers, employees, contractors, or agents (collectively referred to as “Medical Weight Loss PC Owners and Personnel”), may have a financial interest in one or more Third-Parties and may derive profit from your use of Third-Parties and/or the acquisition of Third-Party Goods and Services.
Medical Weight Loss PC reserves the right to terminate your access to the Service, as well as any of its features or services, at any time and for any reason without prior notice. This may include instances of conduct that violate the terms of this Agreement, discontinuation of the Service, or the termination of agreements with Medical Groups, Labs, or Pharmacies. Provisions within this Agreement regarding Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and dispute resolution, indemnity, and jurisdictional matters will remain in effect even after any termination, including termination of your relationship with Medical Weight Loss PC. In the event your access to the Service is terminated as per this Agreement, you are not permitted to attempt using the Service under any name, real or assumed. Additionally, should you breach this restriction following termination, you agree to indemnify and hold all Medical Weight Loss PC Parties harmless from any resulting liability incurred.
Content and information available through the Service are provided by Medical Weight Loss PC for user convenience. Users who rely on this content or information do so at their own risk.
THE SERVICE IS MADE AVAILABLE ON AN “AS IS” OR “AS AVAILABLE” BASIS. USERS ACCESS AND USE THE SERVICE VOLUNTARILY AND AT THEIR SOLE RISK. MEDICAL WEIGHT LOSS PC, AS WELL AS EACH THIRD-PARTY THAT OFFERS PRODUCTS OR SERVICES THROUGH THE SERVICE (INCLUDING MEDICAL GROUPS, PROVIDERS, LABS, AND PHARMACIES), DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY NATURE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THESE DISCLAIMERS INCLUDE, BUT ARE NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE IN REGARD TO THE SERVICE. THESE DISCLAIMERS ALSO PERTAIN TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED THROUGH THE SERVICE OR PLATFORM. MEDICAL WEIGHT LOSS PC DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SERVICE. THERE IS NO WARRANTY THAT THE SERVICE WILL OPERATE WITHOUT DELAYS, INTERRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACKS, VIRUSES, MALWARE, OR OTHER ADVERSE INCIDENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL MEDICAL WEIGHT LOSS PC BE LIABLE TO YOU, OR ANY OTHER INDIVIDUAL OR ENTITY, FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. THIS INCLUDES ANY INFORMATION, CONTENT, SERVICES, OR PRODUCTS MADE AVAILABLE THROUGH THE SERVICE, OR ANY SERVICES RENDERED OR PRODUCTS OFFERED BY THIRD-PARTIES. THESE DAMAGES MAY ARISE FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEDICAL WEIGHT LOSS PC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL MEDICAL WEIGHT LOSS PC’S LIABILITY EXCEED U.S. $1,000.00, AND LIABILITY SHALL BE LIMITED TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU.
ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR OF THE EVENT THAT GAVE RISE TO THE ACTION. YOUR USE OF THE SERVICE OR CONTENT IMPLIES THAT YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT FOR ANY DAMAGES OR LOSSES ARISING FROM YOUR UTILIZATION OF THE PLATFORM, SERVICE, OR CONTENT.
CERTAIN JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF SPECIFIC WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE ARE UNABLE TO DISCLAIM IMPLIED WARRANTIES OR LIMIT OUR LIABILITIES, OUR LIABILITY WILL BE LIMITED TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless the Medical Weight Loss PC Parties and any Third-Parties offering products or services through the Service, including Medical Groups, Providers, Labs, and Pharmacies, from any and all suits, claims, actions, damages, proceedings, judgments, liabilities, settlements, obligations, losses, risks, costs, and expenses. These expenses include, but are not limited to, attorneys’ fees and litigation expenses. Such indemnification relates to, arises from, or is in any way connected with your use of the Service, any fraudulent activities on your part, violations of law, willful misconduct, breach of this Agreement, or infringement of any rights held by any other person or entity. We reserve the right to take control of the defense in any third-party claim for which we are entitled to indemnification, and you agree to cooperate with us as reasonably requested in such cases.
Medical Weight Loss PC may provide notices to you regarding the Service or this Agreement through various means, including email, posting notices on the Service, or sending notices via regular mail, as determined by Medical Weight Loss PC.
The Services offered by Medical Weight Loss PC are continuously evolving, and as such, Medical Weight Loss PC reserves the right to review, modify, or remove any part of these Terms of Service at its sole discretion and without prior notice to you. It is advisable to periodically check the Terms of Service when using the Services to stay informed about any updates. Changes to these Terms of Service become effective when posted on the Services unless applicable law mandates additional notice or actions before such changes take effect. Should you disagree with the revised Terms of Service, your exclusive recourse is to cease using the Services. Continued usage after a change has been posted signifies your acceptance of the modified terms.
Through your access to the Service, as well as sending emails or SMS messages to us, any Medical Group, or its Providers, you are engaging in electronic communication. Consequently, you consent to receive communications electronically from us, the Medical Group, and its Providers. Communications may occur via email, SMS messaging, or within the Service itself. You acknowledge that any agreements, notices, disclosures, or other communications provided to you electronically by us satisfy any legal requirements for written communication. You also understand that notices sent electronically by us are considered delivered and received on the date of transmission as described in this Agreement.
This Agreement, along with any additional agreements that Medical Weight Loss PC may publish on the Service or that you and Medical Weight Loss PC may enter into from time to time, constitute the comprehensive agreement between Medical Weight Loss PC and you regarding your use of the Service. This Agreement supersedes any prior agreements between Medical Weight Loss PC and you pertaining to the use of the Service, including prior versions of this Agreement.
YOU AND WE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND US OR ANY OF THE MEDICAL WEIGHT LOSS PC PARTIES, ANY MEDICAL GROUPS, PROVIDERS, LABS, OR PHARMACIES ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE MEDICAL WEIGHT LOSS PC PARTIES, THE PLATFORM, THE CONTENT OR THE SERVICE, OR ANY OTHER GOODS, SERVICES OR ADVERTISING BY MEDICAL WEIGHT LOSS PC OR ANY OF THE MEDICAL WEIGHT LOSS PC PARTIES, LABS, PHARMACIES, MEDICAL GROUPS, OR PROVIDERS, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case the applicable Medical Weight Loss PC Party will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Medical Weight Loss PC also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses. Notwithstanding the foregoing sentence, the Medical Weight Loss PC Parties will not seek to recover attorneys’ fees or costs incurred in arbitration from you if you are a consumer.
The arbitration shall be conducted in Los Angeles, California, except that, in the event Los Angeles, California is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; and/or (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; then you and the applicable Medical Weight Loss PC Party agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Los Angeles, California, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in Los Angeles, California, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles, California for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.
Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to Medical Weight Loss PC, 4311 Wilshire Blvd. Los Angeles, CA 90010, ATTN: Dispute Notice. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in this Agreement, if we make any future material modification to any provisions of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph.
This Service is controlled and operated by Medical Weight Loss PC from our offices within New York. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.
The validity, interpretation, construction and performance of this Agreement will be governed by the Federal Arbitration Act and the laws of the State of New York, without regard to any conflicts of law provisions.
All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Medical Weight Loss PC may, in its sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of Medical Weight Loss PC or to a third party in the event that some or all of the business of Medical Weight Loss PC is transferred to such other third party by way of merger, sale of its assets or otherwise.
Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of Medical Weight Loss PC, the Medical Groups, the Pharmacies, the Labs, and the Providers and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as specifically set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.
If you have any questions or concerns about this Agreement, please contact us through our contact form. We will attempt to respond to your questions or concerns promptly after we receive them.
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