Doctor Mom E Terms & Conditions

Doctormome, LLC

TERMS AND CONDITIONS OF USE

 

Please read these Terms and Conditions of Use (“TOU”) carefully.  You must agree to these TOU before you are permitted to use any Doctormome, LLC digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, or enter any online private forums operated by Doctormome, LLC (for any purpose), whether on a website hosted by Doctormome, LLC or a third-party website such as an online course platform or facebook.com (collectively “the Program”).

 

If you do not agree with these TOU, you may not use the Program.

 

As used in these TOU, the term “Releasees” is defined to include the following: (i) Doctormome, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Dr. Emily VinZant, M.D.

 

1.     The Medical and Weight Loss Coaching Program (“Weight Loss for Modern American Moms”)

 

Coaching and medical weight loss services are intended to help Client obtain a variety of benefits through healthy habits including but not limited to weight loss.

 

As part of the Program, you will receive the services outlined on the web page where you register, which may include some or all of the following services:
 

a.                       Medical Services:

i.                                            In-Person Medical Consultation. We may conduct an initial in-person medical consultation with you during our retreat.  Any medical services will be provided in Kansas, where Emily VinZant, M.D. is a licensed medical doctor.

AN IN-PERSON CONSULTATION IS REQUIRED TO RECEIVE ANY MEDICAL TREATMENT INCLUDING VIRTUAL CARE, LABORATORY TESTING, MEDICATION DISPENSING, OR PRESCRIPTION MEDICATIONS.  

Joining the Program by itself does not establish a doctor-patient relationship, and you may receive coaching services without receiving medical care.

The medical care we provide is a specialized Obesity Medicine relationship, and we are not intended to be your primary care provider (PCP).  Any ongoing or primary care needs should be directed to your PCP. 


After any in-person medical consultation, we may order labs, prescribe medications, or make other recommendations as indicated, based on our individualized evaluation of your condition. 

We will provide a synopsis of our recommendations that you can share with your PCP and discuss with them, if you desire.

Any emergent or urgent medical concerns should to be directed to your primary care or other local provider.


ii.                                          Follow-up Virtual Medical Care.  Medical regulations vary by state, and the state in which you reside will determine the extent of follow-up care we can provide virtually. If permitted by your state’s laws, we may be able to provide follow-up care virtually via telephone or text, but any such follow-up care is not guaranteed as part of the Program. We typically respond to messages within 24 hours or the next business day.


iii.                                        Follow-up In-Person Medical Care.  If desired, you may schedule a follow-up visit during our next in-person retreat.  Otherwise, you may obtain in-person follow-up care from your PCP.

 

iv.                                         Medical Care Coordination.  We will work with your other medical care providers to communicate and coordinate care with our provider, and you agree that we may communicate with your other providers. If your care requires the services of other specialized medical providers, we will make every effort to source the appropriate referral for you and process the referral expediently. 

We recommend that any changes in your medications for chronic medical conditions should only be made after consultation with your PCP.


As part of the Program, you may also receive, depending on our individualized evaluation of your condition:

 

v.                                          Laboratory Testing. If we determine you require laboratory testing, the Company will draw blood and/or collect other bodily fluids necessary to facilitate the required tests. The Company will not bill you for any fees associated with drawing blood or collecting bodily fluids. However, you will be responsible for the cost of any laboratory tests. The Company contracts with a third-party laboratory to perform these tests, and they will bill you directly for the costs of the tests.  You acknowledge and agree that you are responsible for paying those costs, which are not included as part of the services provided under this Agreement. In addition, if you require additional tests that are not offered by the third-party laboratory with which the  Company has any agreement, you will be responsible for the costs of any such testing.

 

vi.                                         Prescription Medications.  The Company may prescribe medications as a part of your weight management program which you may fill at the pharmacy of your choice. You acknowledge and agree that you are responsible for the cost of any medications prescribed to you and that the costs of said medications are not included as part of the Services provided under this Agreement and, thus, are not covered by the fees due by you under this Agreement.  If you determine the cost of any medications prescribed to you is not affordable, you may choose to participate in the Program without taking any such prescribed medications. 

 

b.                      Exclusions


i.                                            Excluded Services. You may need the care of emergency rooms, outside laboratory testing, pathology studies, prescribed medications, radiologic imaging, specialist consultations or treatment, surgery, urgent care centers, specialty vaccinations, or other healthcare services that are outside the scope of this Agreement and are not included in the Program fee. We highly recommend that you maintain health insurance, which may or may not cover the costs of these services. We will endeavor to place orders for Excluded Services in a manner that is cost effective for you.

 

ii.                                          Controlled Substances. It is not our policy to prescribe chronic controlled substances on your behalf, including commonly abused opioid medications, benzodiazepines, and other stimulants. If we do prescribe this class of pharmaceuticals for you, you will be asked to sign and honor our Controlled Substances Agreement.


c.                       Group Weight Loss Coaching. You may participate in a group weight loss coaching program, as outlined on the web page where you register.


The Company reserves the right to offer additional Program elements from time to time, for any subgroup of participants. These additional Program elements are a bonus, not a part of the services included in the base version of the Program. The selection of the participants who may participate in any additional Program elements is at the sole discretion of the Company.

 

2.     Group Weight Loss Coaching. You may participate in a group weight loss coaching program, without medical services, as outlined on the web page where you register.

 

3.     Participants

 

This Program is intended and only suitable for individuals aged eighteen (18) and above. Some of the content in this Program may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of eighteen (18).


If you wish to participate in another session of the Program in the future or purchase any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.

 

4.     Payment; No Billing of Insurance (“Self Pay”)

 

You agree to the fees and payment schedule selected at checkout. 


You agree and acknowledge that we will not bill your health insurance company for any medical care or coaching services we provide to you, and you are individually responsible for paying all fees for the Program (“self pay”).

 

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt.  You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

 

If payment is not received when due, the Company reserves the right to terminate your access to the Program and all Content, as defined below, immediately and permanently. 

 

If you fail to make any payment in a timely manner or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen. The Company reserves the right to charge a 5% late fee on all balances more than thirty (30) days overdue. Ongoing unpaid balances will accrue 12% interest per year or the maximum amount allowed by law, whichever is highest. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

 

5.     Refunds

 

Your satisfaction with the Program is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Program we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Program and no refunds will be provided to you at any time. By using and/or purchasing our Program, you understand and agree that all sales are final and no refunds will be provided.

 

Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these TOU. Therefore, if a participant disagrees with how the Company disciplines another participant and requests a refund, the Company will deny such request.

 

Furthermore, if a participant violates these TOU, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these TOU. If a participant disagrees with the Company offering another participant a second opportunity to follow these TOU, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.

 

If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these TOU, the Company may terminate your access and participation in the Program without notice and without refund.

 

The Company may offer additional Program elements for a subgroup of participants. The Company reserves the right, in its sole discretion, to offer member participation in these additional Program elements to specific participants. If a participant is denied participation in these additional Program elements, no grounds for a participant to receive a refund would be created and any request for a refund on this basis will be denied.

 

Since we have a clear and explicit refund policy in these TOU that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

 

6.     Intellectual Property Rights

 

a.                       Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

 

b.                      The Company’s Limited License to You

If you view, purchase or access any Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.  

This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes only.

 

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third party money. The Program is intended solely for the undersigned Client and no other person. By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property.  Any unauthorized use of any materials found in the Program or Content, including the sharing your login information,  shall constitute infringement and is  a violation of this contract. 

You are free to discuss your experience with other people, and referrals to Company are welcome and appreciated.

 

You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others.

 

The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

 

All rights not expressly granted in these terms or any express written license, are reserved by us.

 

c.                       Unauthorized Use

 

Your use of any materials found in the Program or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue.  This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.    

You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.

 

d.                      Your License to the Company; Use in Testimonials and Marketing.

 

By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old.

 

You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Program and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. 

 

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future. 

 

You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.

 

This means you give the Company permission to use anything you submit or post in the Program or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Program, including images in which your face is visible and recognizable.  

 

e.                       Request for Permission to Use the Content

 

If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to hello@doctormome.com .

 

If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.

 

7.     Coach-Client Relationship

 

The coaching relationship is co-creative, meaning that the coaches and you are equal partners in the coaching process.

 

a.                       Your Coaches’ Responsibilities

             Your coaches are trained to use communication skills and coaching tools to support you as an equal partner throughout the coaching process.

             Your coaches will provide individual guidance to group participants based on information provided to the coaches.

             Your coaches will answer questions through whatever forum your Program provides, such as via the Company’s website, a social media forum, live event, private message or live group coaching call.

b.                      Your Responsibilities

 

              You agree to participate in the coaching sessions, follow the advice provided by Company, and put forth a good-faith effort to improve your quality of life, including, but not limited to, weight loss. You understand that this is an active program that requires your full participation to obtain results. You further agree to keep all scheduled appointments or timely notify of any need to reschedule.

             You agree that your relationship with the Company is that of a coach-client relationship and that no other professional relationship has been established, except to the extent you are participating in medical services as outlined above.

             You agree that coaching is not to be used as a substitute for professional advice of any kind, including medical, mental or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.

 

8.     Your Conduct

 

The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Program participants to participate in events, such as a meetup, seminar, or athletic competition, without first receiving approval from the Company. You agree not to market, promote, or sell products or services such as essential oils, exercise DVDs, nutritional supplements, coaching services, or other products or services to Program participants, unless you are authorized or requested to do so by the Company.

 

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.

 

You are responsible for Your Material and for any liability that may result from any material you post. You participate, comment, and post material at your own risk.  Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.

 

You are strictly forbidden from the following:

 

                Sharing private and proprietary information from other participants with anyone else

 

                Harassing, fighting with, or being disrespectful to other participants

 

•     Causing damage to any Company website or third-party forums operated by the Company

 

•     Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity

 

•     Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software

 

•     Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes

 

•     Systematically or automatically collecting data from any Company website or third-party forums operated by the Company

 

                Discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels

 

The Company does its best to create a safe and welcoming space for all participants, however, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort.

 

Participants in the Program must actively participate in the Program, including engaging in any online private forums or groups.

 

The Company reserves the right to terminate your access to any online private forums or groups immediately and permanently without refund if you are merely “lurking”. If after 60 days you have shown inactivity in the Program, the Company reserves the right to terminate your access to any online private forums or groups immediately and permanently without refund.

 

If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund. 

 

The Company, in its sole discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

 

9.     Confidentiality

 

Company is not legally bound to keep your information confidential, other than any medical information you may provide that is covered by doctor-patient privilege rules. 


You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

 

The Company may record coaching calls and share them in the Program, on the Company’s website, or on third-party forums operated by the Company.

 

You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Program and Content.

 

You acknowledge and hereby authorize Company to use and/or disclose your health information that specifically identifies you, or that can reasonably be used to identify you, to carry out your treatment, payment, and healthcare operations.  Company is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

 

10.  Username and Password

 

To access certain features of the Program, including any private membership areas, you may need a username and password. It is your responsibility to inform the Company before the Program start date if you do not receive an email containing your password to access the Program. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.

 

11.  Live or In-Person Events

 

If you participate in any live or in-person event as part of the Program, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely participate in the Program. You agree to exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws while participating in the Program. This includes, generally, respect for other people, equipment, facilities or property. The Company may dismiss you, without refund, if your behavior endangers the safety of or negatively affects the Program or any person, facility or property.

 

You consent to medical care and transportation in order to obtain treatment in the event of injury to you as Company, volunteers or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.

 

You agree that you will not consume alcohol prior to any part of the Program that involves physical exercise or activity, or use any medicine or substance that will inhibit your mental or physical ability to safely participate in the Program.

 

If you choose to consume alcoholic beverages during any part of the Program, you must do so responsibly and only if you are over the age of twenty-one (21).

 

The Company is not responsible for any personal item or property that is lost, damaged or stolen at or during the Program.

 

12.  Termination or Cancellation

 

The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. The Company may terminate your participation in the Program at any time, without refund, if you breach any part of these TOU. In the event of cancellation or termination, you are no longer authorized to access the part of the Program or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Program and its Content will still apply now and in the future, even after termination by you or the Company.

 

If you paid in full and would like to cancel your access and participation in the Program, you must provide the Company with written notice (including e-mail). Your access to the materials and Content of the Program will be immediately terminated upon your notice of cancellation. You will not be issued a refund for any remaining days or months of the Program after your cancellation. In the event you decide to cancel, any default, or late payments will be due immediately.

 

If you have opted to pay for the Program via monthly payments, and you would like to cancel your access and participation in the Program, you must provide the Company with at least 10 days written notice (including e-mail) before your next recurring charge. Your access to the materials and Content of the Membership Program will be immediately terminated upon your notice of cancellation. You will not be issued a refund for any remaining days or months of the Program after your cancellation. In the event you decide to cancel, any remaining installment, default, or late payments will be due immediately.

 

13.  Personal Responsibility, Assumption of Risk, Release, Disclaimers

 

a.                       You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.

 

b.                       You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees. You are fully aware of the risks and hazards inherent in participating in the Program and voluntarily, knowingly and freely assume all risks associated with participating in the Program, including, but not limited to, bruising, muscle strains, joint sprains, falls, injuries, illnesses, infections, paralysis and even death. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment (whether owned, operated, or provided to you by Releasees or otherwise), including injuries or damages arising out of the negligence of Releasees, whether active or passive, or any of Releasees’ affiliates, employees, coaches, agents, representatives, successors, and assigns. 

 

c.                       You represent and warrant to Releasees that you are able to safely participate in the Program and have no medical condition that would make your participation in the Program more hazardous.  You acknowledge that you have had a physical examination and have been given a physician’s permission to participate, or that you have decided to participate in the Program without the approval of a physician.

 

d.                      Your participation in the Program does not establish a doctor-patient relationship of any kind between you, the Company, or anyone providing coaching services on behalf of the Company, except to the extent you are participating in medical services as outlined above.  

Although Emily VinZant, M.D. is a medical doctor and other employees or contractors of the Company may be licensed health care professionals, your participation in the Program does not establish a doctor-patient or similar relationship of any kind between you, the Company, employees or contractors of the Company, or Emily VinZant, M.D., except to the extent you are participating in medical services as outlined above. 

 

e.                       The Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice, except to the extent you are participating in medical services as outlined above. None of the Program or Content prevents, cures or treats any mental or medical condition, except to the extent you are participating in medical services as outlined above.  The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional, except to the extent you are participating in medical services as outlined above.  You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program, except to the extent you are participating in medical services as outlined above.

 

f.                        You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.

 

g.                       You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.


In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.

 

h.                       Disclaimer of Non-Insurance. This Agreement is not a health insurance plan, prepaid health plan, or substitute for healthcare coverage. As such, this Agreement is not subject to health insurance protections provided for by state law. This Agreement is solely for the described Program and it does not cover hospital, specialist, or any services not directly provided by the Company.

 

i.                        Non-Participation in Health Insurance. Neither the Company, nor its physicians participate in any public or private health insurance plans, including Medicare. We do not make any representations regarding third party insurance reimbursement and such reimbursement is not anticipated by this Agreement. Pursuant to federal regulations, our physicians have elected “opt out” status of Medicare participation. This means that Medicare cannot be billed for any services performed under this Agreement. Further, you agree not to bill Medicare or your private insurance company or attempt Medicare or insurance reimbursement for any such services, if you are eligible for Medicare, or during the term of this Agreement.

 

j.                        Earnings and Results Disclaimer:  You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.

 

k.                       Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

 

l.                        The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.

 

m.                     THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

n.                       THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS CONTENT, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.

 

14.  Security

 

You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties

not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.

 

15.  Legal Disputes

 

These TOU shall be governed by and construed in accordance with the laws of the State of Kansas without giving effect to its conflict of laws principles. The state and federal court nearest to Burton, Kansas shall have exclusive jurisdiction over any case or controversy arising from or relating to any medical services provided, the Program, or Content, including but not limited to the Company’s Privacy Policy or these TOU. By using the Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

 

16.  Users Outside United States

 

The Company controls and operates the Program from offices in the United States. The Company does not represent that the Program or its Content are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

17.  Indemnification

 

You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) that you may have ever had, now have, or may have against in the future, to the extent permitted by applicable law, arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject. 


18.  Force Majeure

 

The Company shall not be deemed in breach of this TOU if the Company is unable to complete all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to Client of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations, or may terminate this TOU.

 

19.  General Provisions.

The Company may modify the terms of this TOU at any time. All modifications shall be posted on the Company’s website and participants shall be notified via email.  If any provision of this TOU is held invalid or unenforceable, the remainder of this TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

 

This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This TOU supersedes all prior written and oral representations.

 

By clicking on the box when signing up for the Program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document.  If you do not agree with these TOU, do not purchase or use the Program or Content.

 

Updated on [9/27/22]