AGREEMENT BETWEEN USER AND BECOMING NEW AGAIN WELLNESS
Welcome to www.hcgwithme.com. The www.hcgwithme.com website (the “Site”) is comprised of various web pages operated by Becoming New Again Wellness DBA Linita Ellis. www.hcgwithme.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.hcgwithme.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.hcgwithme.com is an E-Commerce Site.
Becoming New Again Wellness provides access to prescribes of services related to weight management, age management and chronic fatigue. Products and services are not offered for sale by Becoming New Again Wellness. An agreement has not been established between Becoming New Again Wellness and a requester until a request for services has been placed by way of the process of enrollment for services. The process of enrollment is as follows: a) A patient requests services over the phone or through an online contact form and then schedules a video consultation with a licensed practitioner under contract with River Front MD. b) The practitioner consults via HIPAA compliant video, determines the eligibility of the requester and then establishes a patient/practitioner relationship. c) Finally the medical provider from the contracted provider makes a clinical determination on the request made by the patient and provides a clear plan for the patient to safely proceed. e) Any prescription products and necessary supplies are shipped directly from a third party pharmacy to the patient, and are not provided by Becoming New Again Wellness or River Front MD.
The office staff at Becoming New Again Wellness offers continued support and coaching for help and counsel. Medical issues, if simple in nature and related to medical services are referred to the medical practitioner. Any serious or complicated medical issues, including dire emergencies need to be addressed with the patient’s local emergency services, and/or primary care physician. Becoming New Again Wellness does not provide primary care services, chronic illness care, or medication management.
PRIVACY
Your use of www.hcgwithme.com is subject to Becoming New Again Wellness Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
ELECTRONIC COMMUNICATIONS
Visiting www.hcgwithme.com or sending emails to Becoming New Again Wellness constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Becoming New Again Wellness is not responsible for third party access to your account that results from theft or misappropriation of your account. Becoming New Again Wellness and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
CHILDREN UNDER 18
Becoming New Again Wellness does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may not use www.hcgwithme.com.
CANCELLATION/REFUND POLICY
Cancellations prior to a consultation with the provider will be granted with no fee. In accordance with federal law, cancellations and refunds are not permitted once a medical service and prescription has been filled by the pharmacy. It is unlawful for a prescription to be returned to the fulfilling pharmacy. Any grievances related to quality of product will be addressed by the fulfillment pharmacy. Becoming New Again Wellness will work with clients on a case to case basis for refunds.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
www.hcgwithme.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Becoming New Again Wellness and River Front MD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Becoming New Again Wellness is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Becoming New Again Wellness of the site or any association with its operators.
Certain services made available via www.hcgwithme.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.hcgwithme.com, and www.becomingnewagain-weightloss.com domain, you hereby acknowledge and consent that Becoming New Again Wellness may share such information and data with any third party with whom Becoming New Again Wellness has a contractual relationship to provide the requested product, service or functionality on behalf of www.hcgwithme.com users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use www.hcgwithme.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Becoming New Again Wellness that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of River Front MD or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Becoming New Again Wellness content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Becoming New Again Wellness and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Becoming New Again Wellness or our licensors except as expressly authorized by these Terms.
INTERNATIONAL USERS
The Service is controlled, operated and administered by Becoming New Again Wellness from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Becoming New Again Wellness Content accessed through www.hcgwithme.com or www.becomingnewagain-weightloss in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Becoming New Again Wellness only provides services within the boundaries of the USA.
HEALTH RELATED INFORMATION
The information contained in the Web Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Web Site by healthcare or nutrition professionals contracting with Becoming New Again Wellness) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
DEFINITION OF MEDICAL TREATMENT
Becoming New Again Wellness does not employ practitioners directly. An independent organization is under contract to provide telemedicine consultations and may at their discretion approve/disapprove a potential patient for services and/or write a prescription for the service(s) requested by the patient.
The third party providers network maintains responsibility for properly vetting, training, and managing any provider under their employ. The provider network management ensures that each provider has proper medical malpractice insurance in place for the consultations referred by Becoming New Again Wellness and River Front MD.
Each patient will be evaluated by a provider properly licensed in the patient’s respective state. It is the responsibility of each individual provider to adhere to laws and prescribing standards within the state of licensure.
ESTABLISHMENT OF PATIENT & PROVIDER RELATIONSHIP
All consultation services offered are elective services. Becoming New Again Wellness encourages potential patients to consult with their primary care provider prior to requesting a consultation through Becoming New Again Wellness and its contracted provider network.
A Patient & Provider relationship is formed once a provider from the contracted provider network makes contact, reviews medical forms, and makes a clinical determination on the request made by the patient.
All medical information collected is protected under a HIPAA compliant electronic medical record. It is the duty of the patient to complete the Medical History Forms (“MHF”) completely, accurately, and truthfully. Any information shared by the patient with an agent of Becoming New Again Wellness or the provider will be accepted as additional information for the patient’s medical file.
Video or phone consultations are offered per statutes outlined in each state. It is the responsibility of the licensed provider to adhere to the statues in each state that defines what constitutes a patient/provider relationship.
It is the responsibility of the patient to maintain a relationship with a primary care provider for follow up care after seeking consultation services offered by Becoming New Again Wellness. Becoming New Again Wellness or the contracted provider network do not provide ongoing medical services outside of the initial consultation.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Becoming New Again Wellness, its officers, directors, employees, agents and third parties, and affiliates (“Indemnified Parties”), from, against and in respect of all liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings, investigation, demands, judgments, settlement payments, deficiencies, penalties, fines, interest and costs and expenses suffered, sustained, incurred or paired by the Indemnified Parties in connection with, resulting from, or arising out of, directly or indirectly, Becoming New Again Wellness, River Front MD and/or Physician’s rendering medical care services, advice and/or treatment, Patient’s failure to disclose all relevant information regarding Patient’s medical and physical condition, patient’s use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations, acts or omissions of Becoming New Again Wellness or Physician, harm or injury resulting from medical care or pharmaceuticals provided directly or indirectly by Becoming New Again Wellness or Physician. Patient is aware of potential side effects associated with the above-described treatment, accepts all risks involved in taking medication and will not seek indemnification or damages from the Indemnified Parties there from.Becoming New Again Wellness reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Becoming New Again Wellness in asserting any available defenses.
ARBITRATION
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Becoming New Again Wellness agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BECOMING NEW AGAIN WELLNESS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BECOMING NEW AGAIN WELLNESS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. RIVER FRONT MD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RIVER FRONT MD LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RIVER FRONT MD LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TERMINATION/ACCESS RESTRICTION
Becoming New Again Wellness reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Becoming New Again Wellness as a result of this agreement or use of the Site. Becoming New Again Wellness' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of River Front MD’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Becoming New Again Wellness with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Becoming New Again Wellness with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Becoming New Again Wellness with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
Becoming New Again Wellness reserves the right, in its sole discretion, to change the Terms under which www.hcgwithme.com is offered. The most current version of the Terms will supersede all previous versions. Becoming New Again Wellness encourages you to periodically review the Terms to stay informed of our updates.
ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties and supersedes and merges all prior and contemporaneous agreements and discussions between the parties. Any and all representations or agreements by any agent or representative of either party not contained in this Agreement shall be null, void, and of no effect.
If any provision of this Agreement or the application thereof to any person or circumstances is invalid or unenforceable in any jurisdiction, the remainder hereof, and all application of such provision to such person or circumstances in any other jurisdiction, shall not be affected thereby, and to this end the provisions of this Agreement shall be severable.