Date of Last Revision: June 1st, 2023

 

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICES WILL BE RESOLVED BY BINDING 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 BELOW.

1. ACCEPTANCE OF THE TERMS AND CONDITIONS

‍Welcome to the FMC Weight Loss website operated by Family Medical Center. (“FMC”, “we”, “us” or “our”). The following Terms and Conditions of Use (“Terms and Conditions”) govern (i) your access to and use of the fmcweightloss.md website and other websites which are owned or operated by FMC or its affiliates (the “Site”); (ii) your access to and use of any other digital interfaces and properties (e.g., mobile applications) owned, controlled by, or made available to you by FMC (“Mobile App”); and (iii) other online or mobile-enabled technology, digital tools and other services and products provided by FMC and its affiliates (together with the Site and Mobile App, the “Services”).

Please read these Terms and Conditions carefully before you use the Services. By using the Services, you accept and agree to be bound and abide by these Terms and Conditions in addition to our Privacy Policy, found at Policies & Procedures, which is incorporated herein by reference.

If you do not agree to the Terms and Conditions or the Privacy Policy, you must not access or use the Services.

Capitalized terms used but not defined in these Terms and Conditions have the meaning given to them in our Privacy Policy.   

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract with us. If you do not meet all of these requirements, you must not access or use the Services.

2. CHANGES TO THE TERMS AND CONDITIONS

‍We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use or re-visitation of the Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

3. ACCESSING THE SERVICES 

‍We reserve the right to withdraw or amend the Services, and any material we provide on the Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services or the entirety of the Services.

You agree that all information you provide to the Site and Mobile App is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

WE DO NOT PROVIDE EMERGENCY MEDICAL CARE THROUGH THE SERVICES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 9-1-1 AND SEEK IMMEDIATE MEDICAL TREATMENT.

The content of the Services, including, without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind.

You should always seek the advice of a qualified health care professional with any questions or concerns you may have regarding your individual needs and any medical conditions.

All information provided by FMC or in connection with any communications supported by FMC, including, but not limited to, communications with FMC affiliated independent medical providers, is intended to be for general informational purposes only, and is in no way intended to create a physician-patient relationship with FMC as defined by state and federal law.

The Services are not a substitute for professional medical diagnosis or treatment. Reliance on any information appearing on the Services, whether provided by FMC, its affiliated independent medical providers, content providers, clients, visitors to the Services, or others, is solely at your own risk.

Telehealth Appropriateness: Not all conditions are suitable for telehealth. Your Provider may, in their sole discretion, determine that you require in-person evaluation, testing, or referral to another clinician.

4. INTELLECTUAL PROPERTY RIGHTS

‍The Services and the entirety of their contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

No right, title or interest in or to the Services or any content on the Services is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

Our name, brands, logos, slogans and other trademarks are our trademarks. All other names, brands, logos, and product names, and designs appearing on the Services are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.

These Terms and Conditions permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your web browser for display enhancement purposes.

• You may print or download a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.

• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our applicable end user license agreement for such applications.

• If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you may take such actions as are enabled by such features.

You must not:
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• Modify copies of any materials from the Services.

• Use any illustrations, photographs, video or audio FMCs or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services.

• Access or use for any commercial purposes any part of the Services or materials available through the Services.

Prohibited Uses:

You may use the Services only for lawful purposes and in accordance with these Terms and Conditions.

You agree not to use the Services:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

• To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other users of the Services or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other user’s use of the Services, including his or her ability to engage in real time activities through the Services.

• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.

• Use any device, software or routine that interferes with the proper working of the Services.

• Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.

• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Services.

5. RELIANCE ON INFORMATION POSTED

‍The Services may include content provided by third parties, including materials provided by bloggers. All statements and/or opinions expressed in these materials, and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

6. LINKS TO OTHER WEBSITES AND RESOURCES

‍If the Services contain links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes advertisement links, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the Terms and Conditions for such websites.

7. ELECTRONIC COMMUNICATIONS

‍When you use the Services, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements and consents can be signed electronically and that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. FMC may contact you by mail, email, or text messaging (SMS/MMS). 

You agree to receive invitations, notifications, reminders, and other communications from FMC (and any of its affiliates or agents) through the Services, or by email or text message. By providing your mobile phone number and email address, you are agreeing to be contacted by or on behalf of FMC at the mobile phone number you have provided, via text message and/or email, to receive marketing-related information. Message and data rates may apply. 

These communications may not be secure. Unsecured communications pose a risk to the confidentiality and privacy of information being sent because they might be intercepted by a third party. While FMC uses safeguards to protect your information, email and text communications may not be encrypted; by providing your contact information, you consent to receive such communications and accept these privacy risks. To stop receiving these text messages, reply to the message with the word “STOP”. To stop receiving these emails, follow the “unsubscribe” instructions included in the emails you receive. We may confirm your opt out request by text message or email. Please note that, by withdrawing your consent, certain features and Services may no longer be available to you. 

8. SUBSCRIPTION PRODUCTS

‍Automatic Renewal Disclosure: By subscribing to a monthly, quarterly, bi-annual or annual plan, you authorize FMC to automatically charge your payment method at the stated intervals until you cancel. Renewal charges will be at the then-current non-promotional rate unless otherwise disclosed.

Easy Cancellation: You may cancel online at any time in your account settings or by emailing help@fmcweightloss.md. Cancellation is effective at the end of the current billing period and no penalties apply.

All products available for purchase through the Services require you to purchase the product on a subscription basis. For subscription-based products, your payment method will be automatically charged at regular intervals as described for that product during the checkout process. At the time of sign up you agree to begin your membership immediately. You agree that FMC may modify its subscription fees at any time upon at least thirty (30) days prior written notice. 

Until you cancel, we will charge or debit your payment method at the beginning of your subscription. Your non-cancellation of the product or continued use of the paid subscription features will reaffirm that we are authorized to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew. The renewal charge will generally be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. 

If you were eligible for a promotional rate but are no longer eligible for that rate, then you will be offered to renew your subscription at our then-current non-promotional subscription rate at the start of the renewal period. If you wish to renew and we are currently offering promotional rates at such time, you must renew your subscription prior to the termination of your current plan. 

You may cancel a subscription at any time up to forty-eight (48) hours before the applicable monthly processing date of your subscription by emailing help@fmcweightloss.md or by selecting the cancellation option in the Protected Areas of the Site or Mobile App. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you terminate your paid subscription, your subscription will remain active until the end of your then-current subscription period.

9. TERMS OF SALE

‍Only valid payment methods acceptable to us may be used to complete a purchase via the Services. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges).

In connection with any purchase, you make through the Services, you may be asked to supply certain information relevant to the transaction. By providing such information, you grant FMC an irrevocable, unencumbered, universe-wide, and perpetual right to provide such information to third parties for the purpose of facilitating the transaction.

All credit card, debit card, and other monetary transactions on or through the Services occur through an online payment processing application accessible through the Services. This online payment processing application is provided by FMC third-party online payment processing vendor, Stripe and Square. Additional information about Stripe, its privacy policy and its information security measures (collectively, the “Stripe Policies”) should be available on the Stripe website located at https://stripe.com/privacy or by contacting Stripe directly. Additional information about Square, its privacy policy and its information security measures (collectively, the “Square Policies”) should be available on the Square website located at https://squareup.com/us/en/legal/general/privacy or by contacting Square directly. Reference is made to the Stripe Policies and Square Policies for informational purposes only and are in no way incorporated into or made a part of these Terms and Conditions.

10. REFUND POLICY

Initial Consultation Fee: A member that has fully set up their account (including by submitting the medical history questionnaire and proper government-issued identification for verification and scheduling a clinician consultation), can receive a refund for 100% of their initial consultation fee by canceling their appointment prior to the start of the consultation or scheduled start of the consultation, whichever comes first. The start of the consultation is defined as the first communication via video or chat message from the clinician to the member. The scheduled start of the consultation is defined as the time selected by the member to meet with a clinician. Once the initial consultation starts or is scheduled to start, members are not eligible for a refund for the initial consultation fee.

Members are not eligible for a refund if they fail to join the consultation via video or chat at the scheduled start of the consultation. In some states, a synchronous consultation is required. This meaning the member must be present on a secure video call with the clinician. If the member has technical issues that make them unable to join their scheduled appointment, the appointment will be canceled. The member is responsible for rescheduling. In the event the consultation is not rescheduled, no refund is due to the customer. If the member fails to schedule and join their initial consultation within one month of agreeing to our terms and conditions, their opportunity for a refund will be terminated.

We review each medical history submission for any discrepancies and/or falsification of data and have the right to decline or end membership at any time if any of the provided information appears to be falsified. No refund(s) will be due to members who falsify information.

FMC does not accept government insurance or work with government insurance companies at this time.

Members must be between the ages of 18-69 to join FMC. Members are required to complete a telehealth visit when requesting refills. FMC reserves the right to change policies surrounding multi-month prescriptions at any time.

Subscription Fee: The FMC subscription fee is not refundable once a billing period has started. If a member cancels during a billing period, they may access the FMC weight loss program until the end of the billing period. Members may reach out to their Care Team at any point to see when their current billing period ends, and their next billing period begins.

How to Cancel: Members are able to cancel their initial consultation and subscription on the membership section of their account tab. For any questions, members can reach out to their Care Team within the FMC messaging portal.
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How to Reschedule: Members must reschedule their initial consultation and subscription by reaching out to their Care Team within the FMC messaging portal or by selecting the reschedule option prior to the start of their initial consultation.

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11. SITE ACCESS, SECURITY AND RESTRICTIONS; PASSWORDS

‍If you create a subscriber account for the Services, you agree to complete the registration process by providing current, complete, and accurate information as required by FMC. You are responsible for all activities that occur under your account. In the event access to the Services or a portion thereof is limited, requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password. You agree to protect the confidentiality of your password, and not to share or disclose your password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Services may be revoked by FMC at any time with or without cause.

12. INFORMATION ABOUT YOU AND YOUR USE OF THE SERVICES

‍All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

You consent to us contacting you to obtain consent for a testimonial regarding services provided by FMC. In the event you choose to provide us with a testimonial, you consent to us using your provided testimonial, photo, first name, last initial, and similar information in marketing materials.

13. GEOGRAPHIC RESTRICTIONS

‍The owner of the Services is based in the United States. We provide the Services for use only by persons located in the United States. We make no claims or representations that the Services or any content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

14. DISCLAIMER OF WARRANTIES 

‍You understand that we cannot and do not guarantee or warrant that authorized files or content available for downloading from the Services or the internet will be free of viruses, malware or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY WEBSITE LINKED TO THE SERVICES.

YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AT YOUR OWN RISK, AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY OF OUR PROVIDERS, PARTNERS, AFFILIATES, OR HEALTH CONSULTANTS MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, CURRENCY, ACCURACY, AVAILABILITY OR OPERATION OF THE SERVICES, OR THE INFORMATION OR CONTENT INCLUDED THEREON. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT THE SERVICES, THEIR CONTENT OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES, OUR (AND OUR SERVICE PROVIDERS’) SERVERS, THE CONTENT, OR COMMUNICATIONS SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

15. LIMITATION ON LIABILITY

‍IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY OTHER ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCidental, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SERVICES.

THESE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES OR ANY OTHER RELATED SERVICES. THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, OR PROGRAMS. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED TO THE SERVICES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THESE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE MAXIMUM LIABILITY OF US, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS TO YOU UNDER ALL CIRCUMSTANCES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN FMC AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE § 1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.

16. INDEMNIFICATION

‍You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assignees, from and against any and all claims, liabilities, deficiencies, damages, actions, judgments, settlements, interest, awards, losses, fines, penalties, costs, expenses or fees or any kind (including reasonable attorneys’ fees and costs) arising from or relating to your violation of these Terms and Conditions or the terms in our other policies and agreements that you agree to be bound by, your use or misuse of the Services, including, but not limited to, any use of the Services’ content and products other than as expressly authorized, your use of any information obtained from the Services, or your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality.

17. TERMINATION

‍WE MAY TERMINATE YOUR USE OF THE SERVICES FOR ANY OR NO REASON AT ANY TIME. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES.

18. DISPUTE RESOLUTION

‍In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms and Conditions, we and you (collectively, the “Parties”) shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the Parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties.

If the Parties do not reach such solution within a period of thirty (30) days, then all disputes shall be resolved by binding arbitration in Miami, Florida, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this section.

This agreement to arbitrate will be specifically enforceable in any court having jurisdiction, located in Miami, Florida. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA.

Such a notice should be mailed to:

FMC Weight Loss
3410 West 84th St #110
Bldg. F
Hialeah, FL 33018
ATTN: Dispute Notice

The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations.

The Parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the Parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA.

The Parties agree that the arbitrator shall have sole authority to decide whether claims brought by either party (excluding claims brought under the following paragraph regarding intellectual property and preliminary equitable relief claims) are subject to this dispute resolution agreement.

The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the Parties agree shall apply.

The fees charged by the AAA and arbitrator shall be shared equally by the Parties.

19. CLASS ACTION WAIVER.

‍Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a collective or class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms and Conditions or any disputes between the Parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

20. LIMITATION OF TIME TO FILE CLAIMS.

‍Any action, claim or dispute you have against us must be filed within thirty (30) days, unless prohibited by applicable law. To the extent permitted by law, any claim or dispute under these Terms and Conditions must be filed within thirty (30) days in an arbitration proceeding. The thirty-day period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within thirty days, it is permanently barred.

21. DMCA NOTIFICATION

‍We respect the rights of intellectual property holders. If you believe that any content on the Services violates these Terms and Conditions or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512).

In the case of an alleged infringement, please provide the following information via email to help@fmcweightloss.md.

1. A description of the copyrighted work or other intellectual property that you claim has been infringed.

2. A description of where the material that you claim is infringing is located on the Services (including the exact URL).

3. An address, a telephone number, and an e-mail address where we can contact you.

4. A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law.

5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and,

6. Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

We may request additional information before removing alleged infringing material.

22. MISCELLANEOUS

a. Governing Law and Jurisdiction.

‍All matters relating to the Services and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the state of Florida regardless of where you access the Services, and notwithstanding any conflicts of law principles.

b. Notices.

‍You agree that we may provide you with notices, including those regarding changes to these Terms and Conditions, by email to the address you provide to us. 

c. No Affiliation with FMC.

‍You agree not to represent yourself in any way as sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of FMC, any of our affiliates or service providers.

d. Entire Agreement.

‍These Terms and Conditions and our Privacy Policy constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. These Terms, the Privacy Policy, and the Telehealth Consent collectively form the entire agreement between you and FMC regarding use of the Services.

No failure to exercise, and no delay in exercising, on the part of you or us, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

In the event of a conflict between these Terms and Conditions and any other terms, the terms of these Terms and Conditions shall govern. If any provision of these Terms and Conditions is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve, as closely as possible, the effect of the original term and all other provisions of these Terms and Conditions will continue in full force and effect.

The headings of sections and paragraphs in these Terms and Conditions are for convenience only and shall not affect its interpretation.

23. COMMENTS AND CONCERNS

‍The Services are operated by FMC, Inc. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to help@fmcweightloss.md.

Thank you for using our Services.

Date of Last Revision: June 1st, 2023

 

Your privacy is important to FMC Weight Loss. (“FMC”, “we”, “us” or “our”). FMC is committed to protecting your privacy. This Privacy Policy applies to (i) your use of and access to the fmcweightloss.md website, including any portions thereof available only to subscribers, and other websites that we own and operate that include this Privacy Policy (the “Site”), (ii) your use of and/or access to the mobile phone applications which we may own or operate currently or in the future (collectively, the “Mobile App”), and (iii) your use of and/or access to any content or information and other online or mobile-enabled technology, digital tools and other services and products provided by us (together with the Site and the Mobile App, the “Services”).

Please read this Privacy Policy carefully as it explains our practices regarding the collection, use and disclosure of Personal Information and the choices you have associated with that information. Capitalized terms used but not defined in this Privacy Policy have the meaning given to them in our other policies (e.g., our Terms and Conditions).

Your use of our Services is also governed by our Terms and Conditions. Before using our Services, please carefully read our Terms and Conditions and this Privacy Policy. By using these Services, you consent to the collection and use of Personal Information in accordance with this Privacy Policy. If you do not feel comfortable with any part of this Privacy Policy, you should not use or access our Services.

1. MODIFICATIONS TO THIS Privacy Policy

We may modify this Privacy Policy at any time, without prior notice, and changes may apply to any Personal Information we hold about you, as well as any new Personal Information collected after the Privacy Policy is modified. If we make changes, a revised Privacy Policy will be posted to our Site or Mobile App. The date of the last modified is included at the top of the page. Your continued use or re-visitation of the Services following the posting or notice of a revised Privacy Policy means that you accept and agree to the changes. Please check this page from time to time so you are aware of any changes.

2. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect Personal Information when you use our Services. “Personal Information” means any information that relates to you, identifies you personally or could be used to identify you including, but not limited to, your name, mailing address, email address, and telephone number. The types of Personal Information that we collect include, but are not limited to, the information you provide to us and information from third parties, including our business partners, as explained further below.

What Information We Collect

The Personal Information we collect from you may include:

• Information that you provide by filling in forms on our Site or Mobile App, including your name, mailing address, email address, telephone number, gender, age, date of birth, language preference, resident status, leisure and interests, and occupation, title, job description, and employer.

• Records and copies of your correspondence (including email addresses), if you contact us.

• Your search queries on the Site or Mobile App.

• Information that you provide when you contact one of our customer service representatives, which may include your name, mailing address, email address, telephone number, gender, age, date of birth, language preference, resident status, leisure and interests, and occupation, title, job description, and employer.

• Your IP address, geolocation information, and mobile device ID (if you use your mobile device to access our Site or Mobile App).

• Billing, payment and shipping information. All credit card, debit card and other monetary transactions on or through the Services occur through an online payment processing application(s) accessible through the Services. This online payment processing application(s) is provided by our third-party online payment processing vendor, Stripe and/or Square.

• Your electronic signature.

• Photographic or video images submitted for identification or non-diagnosis or non-treatment purposes. Information about third parties that you refer to us (e.g., name, email, and/or other contact information, relationship).

• Statements or content (e.g., comments, videos, photographs, images) and information about such statements or content, which you submit or publish on or through the Services or which are accessed via your public or linked social media pages (e.g., Facebook, Twitter, Instagram).

• Information about third-party software applications on your mobile device (including, without limitation, general software apps, downloadable software apps, and social media apps).

• Employment and insurance information.

• Other information we may specifically request, or you may voluntarily provide.

We also collect certain medical information on behalf of independent health care professionals who use the Services, which may include, but is not limited to:

• Descriptions (and/or photographs) of medical or health conditions (e.g., information about physical or psychological state of health, disease state, medical history, and medical treatment or diagnosis by a health care professional).

• Date of visit.

• Images or videos you share for diagnosis or treatment purposes.

• Communications with your Providers.

HIPAA & Provider Relationship. Medical information submitted via the Services is collected for and used by independent, licensed health care professionals (“Providers”) to deliver telehealth care. FMC is not a medical provider and does not provide medical services. While some information collected through the Services may constitute “Protected Health Information” under the Health Insurance Portability and Accountability Act (“HIPAA”), such information is handled by the Providers, who are responsible for compliance with HIPAA and applicable state privacy laws. FMC accesses and processes medical information only as necessary to operate and support the Services.

How We Collect Information

We may collect Personal Information and other information directly from you when you:

• Visit the Site or Mobile App or access or use the Services.

• Register with or subscribe to the Services or any products or services available through the Services.

• Sign in or log into the Services or a portal for subscribers on the Site or Mobile App.

• Link to the Services via a social media network.

• Allow the Services to access, upload, download, import or export content found on or through, or to otherwise interact with, your device or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, and your mobile device service provider).

• Process a payment through the Services.

We may also collect Personal Information and other information directly from you:

• Whenever we ask you for such information, for example, when you answer an online survey or questionnaire.

• If you or a third party send us a comment, message or other communication (such as an email, letter, phone call, or voice message) about you or your activities on or through the Site and/or Mobile App, then we may collect any Personal Information or other non-personal information in connection with those communications.

We may collect certain information from:

• Providers who provide treatment or other services to you in connection with our Services. This information may include diagnoses, treatment plans (including prescription details) and notes, and is accessible and visible through certain components of the Services.

• Third parties that pay for your care or provide you with treatment, laboratory care or prescription medication, which may include, for example, your prescription history, insurance policy, insurance eligibility and coverage, and laboratory test results.

• Third parties with whom we work to provide you with certain services (including, for example, sub-contractors, analytics providers, advertising networks, and search information providers).

We may combine information we receive from other sources with information you give to us and information we collect about you.

When you interact with our Site or account on a social media platform:

• We may collect Personal Information that you or the Site makes available to us on that page or account, including your social media account ID and/or user name associated with that social media service, your profile picture, email address, friends list or information about the people and groups you are connected to and how you interact with them, and any information you have made public in connection with that social media service.

• The information we obtain depends on your privacy settings on the applicable social media service; we will comply with the privacy policies of the social media platform, and we will only collect and store such Personal Information that we are permitted to collect by those social media platforms.

• When you access our Site through social media services or when you connect the Services to social media services, you are authorizing FMC to collect, store, and use such information and content in accordance with this Privacy Policy.

3. COOKIES AND OTHER TRACKING TECHNOLOGY

Information Collected Automatically

As with many other websites and applications, as you navigate through and interact with our Site or Mobile App, we may use automatic information collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

• Details of your visits to our Site, including, but not limited to, traffic information, location information, logs and other communication information, date and time of access, frequency, application crashes, and the resources that you access and use on the Site.

• Information about your computer and internet connection, including your IP address, device make and model, carrier, operating system, host domain, data connection type, advertising IDs, software development kit/application programming interface, and browser type.

• Information about your preferences to make your use of the Services more productive, via the use of cookies.

We may use cookies, embedded scripts, pixel tags, plugins, widgets, and other similar tracking technologies (“Tracking Technologies”) to collect additional Personal Information automatically as you interact with the Site and to personalize your experience with our Site. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (known as “behavioral tracking”).

Cookies

“Cookies” are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the sites or provider’s system to recognize your browser and remember certain information. We use cookies to customize the Services for each user and to provide functional features, including to maintain users’ logged-in status, to provide social media features, and to analyze our traffic. We also share information about your browser’s use of our Site with our social media, advertising and analytics partners. We use the information from cookies to provide services better tailored to our users’ needs.

We use first-party and third-party cookies for the following purposes: to make our Services function properly, to improve our Services, to make login to our Services easier (such as by remembering your User ID), to recognize you when you return to our Site or Mobile App, to track your interaction with the Services, to enhance your experience with the Services, to remember information you have already provided, to collect information about your activities over time and across third-party websites or other online services in order to deliver content and advertising tailored to your interests, and to provide a secure browsing experience during your use of our Site or Mobile App. The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device until they expire or are deleted.

We may place cookies from third-party service providers who may use information about your visits to other websites to target advertisements for products and services available from FMC. The following types of cookies are used on our Site:

• Strictly Necessary Cookies – essential to enable you to use our Site (e.g., access secure areas, verify browser support for cookies).

• Functional or Preference Cookies – remember your choices to provide enhanced features and personalized content (not used to target you with online marketing).

• Performance or Analytic Cookies – collect passive information about how you use our Site (pages visited, links clicked) to improve and optimize our Site (not used to target you with online marketing).

• Advertising or Targeting Cookies – make advertising more relevant to you and help measure advertising efficacy; our advertising partners may use these cookies to build interest profiles and deliver relevant ads on other sites. You may disable these cookies as set forth below.

Cross-Device Tracking

We use data analytics companies, advertising networks, or social media companies, and features offered by data analytics services to engage in “cross-device tracking,” which connects a consumer’s activity across smartphones, tablets, desktop computers, and other connected devices.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Site. Presently, we use Google Analytics (see: Google Privacy & Terms) and its opt-out add-on (browser add-on).

Other Tracking Technologies

We also may use Tracking Technologies to collect “clickstream” data (e.g., domain name, device details, IP address, connection type, browser, OS, timestamps, pages viewed, searches) and to assign unique identifiers to your device for the same purposes.

4. HOW WE USE YOUR INFORMATION

We will only use your Personal Information as described in this Privacy Policy or as disclosed to you prior to such processing. We may use information collected about you, including Personal Information, to:

• Verify your identity and confirm your location;
• Provide you with services and products and administer your account;
• Maintain, improve, and develop the Services;
• Match you with a Provider licensed in your state of residence;
• Provide safety and security features;
• Communicate with you (updates, service-related notifications, promotions);
• Provide customer service and respond to inquiries/complaints;
• Process purchases and transactions;
• Comply with valid legal requests and address disputes;
• Protect you, others, and our business (e.g., investigate suspected illegal activity or fraud);
• Create and administer surveys;
• Combat malware and other security risks; detect and remove spammers;
• Sign you up for newsletters/communications where you have provided the requisite consent and consistent with your preferences;
• Tailor and personalize your experience on the Site or Mobile App;
• Analyze traffic and user behavior on or through the Services;
• Conduct research and measurement activities (e.g., product development, market research);
• Monitor activity on or through the Services; place and track orders on your behalf;
• Protect or enforce our rights and the rights of others; and
• Comply with applicable laws and for any other purpose disclosed prior to collection.

We also may use your information to contact you about our own and third parties’ goods and services that may be of interest to you. By providing your mobile number and/or email address, you expressly consent to receive marketing communications from FMC via those channels, unless and until you opt out as described below. If you do not want us to use your information in this way, email help@fmcweightloss.md to opt out.

We may use information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

5. SHARING AND DISCLOSURE OF PERSONAL INFORMATION

We may share or disclose your Personal Information in the following circumstances:

• Website/e-commerce Service Providers – to facilitate our Site and Services and analyze usage (access limited to performing tasks on our behalf).

• Services – to Medical Groups or their Providers; nutritionists/health coaches (independent contractors); and certain vendors to fulfill the purposes for which you provided information and to collect payments on their behalf.

• Within Our Corporate Organization – to our subsidiaries and affiliates to provide the Services and act on your requests.

• Corporate Transactions – to a buyer/successor in connection with a merger, divestiture, restructuring, reorganization, dissolution or sale/transfer of assets (including bankruptcy or similar proceedings).

• Analytics – aggregated, de-identified information (not including medical information) shared publicly and with affiliates, subsidiaries, and partners.

• Third-Party Advertisers – in certain circumstances to market their products/services to you if you have not opted out; such parties are required to keep Personal Information confidential and use it only for the disclosed purposes.

• Consent – for any purpose with your consent.

• As Required by Law – to comply with legal or regulatory process or obligations; enforce our Terms; respond to claims; protect the rights, property, or safety of FMC, employees, users, clients, and the public.

• Other Disclosures – for any other purpose disclosed at the time you provide information.

• De-identified Information – may be used/shared for any purpose without restriction.

No Sale of Personal Information. We do not sell your Personal Information for monetary consideration. We may share certain information for advertising or analytics as described above, consistent with applicable law.

6. PUBLICLY DISCLOSED INFORMATION

Name and Likeness. We may publish your name, voice, likeness and other Personal Information. FMC may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. Please review our Terms and Conditions for more information.

Profiles. A user’s profile page may display information such as the user’s display name, images, location (city/state/country), groups that the user has joined, and optional information added by the user. FMC uses profile information to be presented to others permitted to view that information on the Services. Users may have the ability to manage their public profile and adjust preference settings; however, these settings are for convenience only and may not be error free. Others with access may repost or make public a user’s information or content. Use discretion and good judgment when posting profile information or content.

CHOICES REGARDING MARKETING AND PERSONAL INFORMATION

Marketing Communications Choices. If you do not wish to have your email address, mobile phone number, or other contact information used by us to promote our own or third parties’ products or services, you can opt out by emailing help@fmcweightloss.md. You may also stop receiving promotional/marketing emails or SMS/MMS messages by following the “unsubscribe” instructions in those communications. By providing your mobile number or email address, you consent to receive such communications from FMC unless and until you opt out. Message and data rates may apply.

Please note that opt-out/unsubscribe requests may take a reasonable amount of time to process. Information previously provided to third parties before your opt out may not be retrieved or rescinded unless required by law.

Update Personal Information. To keep your Personal Information accurate and up to date, email help@fmcweightloss.md. We may decline changes that would violate law or make information incorrect.

Requests to Delete Personal Information. If you are no longer an active user and wish to have your Personal Information deleted (subject to legal limitations), email help@fmcweightloss.md.

Cookie Choices. Your browser may let you refuse or remove cookies. See:
• First-Party Cookies: manage via your browser (Help/Tools/Edit). Disabling cookies may affect Site functionality and access to secure areas. More info: allaboutcookies.org.
• Third-Party Cookies: opt out at aboutads.info/choices or see aboutads.info/consumers.
• Targeted Advertising: opt out via email request to help@fmcweightloss.md and/or through DAA (optout.aboutads.info) or NAI (optout.networkadvertising.org).

We do not control third parties’ collection or use of your information for interest-based advertising. Many browsers provide help pages for cookie preferences: Chrome, Internet Explorer, Firefox, Safari, Android, Opera.

Do Not Track. Some browsers transmit “Do Not Track” (DNT) signals. Because uniform DNT standards are not adopted, our Sites do not currently respond to DNT signals. You can use the opt-out tools above (e.g., DAA, NAI) to exercise advertising choices.

Notice to California Residents. California Civil Code § 1798.83 permits California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, email help@fmcweightloss.md. We are required to respond to one such request per user per year.

8. DATA SECURITY

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. We implement administrative, technical, and physical safeguards designed to protect Personal Information, including encryption in transit and at rest where appropriate. Despite these safeguards, the transmission of information via the internet is not completely secure. Although we strive to protect your Personal Information, we cannot guarantee its security. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site or Mobile App.

9. INTEGRATION OF THIRD-PARTY PLATFORMS AND SERVICES

The Site and Mobile App may be linked to, rely on, and be integrated with websites, applications, interfaces, services and platforms operated by other companies, including third-party services and advertisements. We are not responsible for the privacy practices of such third parties. Once you leave this Site or Mobile App via a link, access a third-party service, or click on an advertisement, you should check applicable privacy policies. This Privacy Policy applies solely to information collected by FMC.

This Privacy Policy also does not address or apply to, and we are not responsible for, the privacy or information practices of any third parties, including, without limitation, the Medical Groups or their Providers, the manufacturer of your mobile device, and any other third-party mobile application or website to which our Services may link. We encourage you to review the Medical Groups’ Notice of Privacy Practices (if any) and the privacy policies of each website and application you visit and use.

10. GEOGRAPHIC RESTRICTION

Our Services are intended for individuals who are 18 years of age or older and reside in the United States of America. We make no representations that our Services are appropriate or available for use outside of the United States. If you access the Services from outside the United States, you are transferring data to the United States, which may not provide the same level of data protection as your home jurisdiction. By using the Services, you acknowledge that your personal data may be transferred to, stored in, and processed in the United States.

11. CHILDREN'S PRIVACY

Our Services are intended for use by individuals who are at least 18 years of age, or such older age as may be required by applicable state laws in the jurisdiction in which an individual utilizes the Services. If we obtain actual knowledge that we have collected Personal Information through the Site or Mobile App from a person under thirteen (13) years of age, we will use reasonable efforts to refrain from further using such Personal Information or maintaining it in retrievable form. The parent or guardian assumes full responsibility for ensuring that the information that he/she provides is kept secure and that the information submitted is accurate.

12. CONTACT DETAILS

For further information regarding this website privacy statement or related FMC policies and procedures, please contact:

help@fmcweightloss.md

FMC Weight Loss
3410 West 84th St #110
Bldg. F
Hialeah, FL 33018

Date of Last Revision: June 1st, 2023

 

FMC Weight Loss, (“FMC,” “we,” “us,” or “our”) provides telehealth services that allow you (“you,” “your”) to have an online consultation with a licensed health care professional (a “Provider”) for the purpose of obtaining any prescribed medications (collectively, the “Services”).

 

These Services constitute a form of telehealth, meaning health care is delivered through secure electronic communications between you and a Provider when you are not in the same physical location.

 
Scope of Telehealth Services:

Telehealth may be used for diagnosis, treatment, follow-up care, and/or patient education. This may include, but is not limited to:

• Secure electronic transmission of medical records, images, personal health information, or other data between you and a Provider.

• Real-time or asynchronous communication via video, audio, secure messaging, or email.

• Use of data from remote monitoring devices, medical equipment, and audio/video files.

• FMC uses websites, mobile applications, and information systems that incorporate network and software security protocols to protect the privacy, integrity, and confidentiality of your health information in compliance with HIPAA and applicable laws.

Potential Benefits:

• Increased access to medical care regardless of location.

• Greater convenience and reduced travel requirements.

• Ability to interact with Providers without the need for an in-office appointment.

Potential Limitations:

• Information provided may be insufficient for complete medical decision-making.

• Certain conditions may require in-person evaluation or testing.

• Some diagnostics (e.g., physical exams, lab testing) may be unavailable remotely.

• Technical issues may cause delays, interruptions, or loss of data.

• Data security safeguards, while robust, may fail.

• Certain prescriptions or treatments may be restricted under state or federal law.

Acknowledgments and Informed Consent:

By accepting this Telehealth Consent, you acknowledge and agree that:

1. You have read and understand the risks and benefits of receiving care through telehealth.

2. You voluntarily consent to receive medical care via telehealth from FMC Providers.

3. You understand telehealth is an evolving field and may involve new technologies not specifically described in this consent.

4. No specific results or outcomes are guaranteed.

5. You will provide complete and accurate health information and promptly update your Provider about any changes.

6. Providing false or incomplete information could result in serious harm or death.

7. Your Provider may determine, at their sole discretion, that your condition is not appropriate for telehealth and may recommend in-person care.

8. Telehealth does not replace your existing relationship with other health care providers.

9. You cannot use the Services for emergency care. If you are experiencing a medical emergency, call 9-1-1 or seek immediate in-person care.

10. Your health information will be collected, used, and disclosed in accordance with FMC’s Privacy Policy and applicable laws.

11. You have the right to access your telehealth records and request that FMC share your records with other providers, with your written consent.

12. Technical failures may result in delays or loss of information, and you agree to hold FMC harmless for such occurrences.

13. You may withdraw this consent at any time by emailing help@fmcweightloss.md. This consent otherwise renews with each telehealth visit.

14. FMC and its Providers may use and share your health information for treatment, payment, health care operations, and other purposes permitted by law.

State-Specific Disclosures:

California Residents: You may withhold or withdraw consent to telehealth at any time without affecting your right to future care. You may request in-person care at any time, which may require scheduling with a different provider.

Texas Residents: Your Provider is licensed and credentialed in accordance with Texas law. You may file a complaint about your Provider with the Texas Medical Board by calling (800) 201-9353 or visiting www.tmb.state.tx.us.

Florida Residents: FMC Providers comply with Florida’s telehealth requirements under Florida Statutes §456.47. You are entitled to the same standard of care via telehealth as you would receive in person.

New York Residents: You have the right to know your Provider’s name, professional credentials, and physical location before treatment begins. This information will be disclosed prior to or at the start of your telehealth visit.

All capitalized terms not defined in this Telehealth Consent have the meanings assigned to them in FMC’s Terms & Conditions of Use.

Date of Last Revision: June 1st, 2023

 

FMC Weight Loss (“FMC,” “we,” “us,” or “our”) provides telehealth services that allow you (“you,” “your”) to have an online consultation with a licensed health care professional (a “Provider”) for the purpose of obtaining any prescribed medications (collectively, the “Services”).

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN ACCESS THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

We are required by federal law (the Health Insurance Portability and Accountability Act—“HIPAA”) to maintain the privacy and security of your protected health information (“PHI”). This Notice explains our legal duties, how we may use and disclose your PHI, and your rights regarding your health information.

We must follow the terms of this Notice currently in effect and notify you if a breach occurs that compromises the privacy or security of your PHI. We reserve the right to revise this Notice at any time. If updated, the revised Notice will be posted on our website and made available upon request.

I. HOW WE MAY USE AND DISCLOSE YOUR PHI

We may use and disclose PHI for the following purposes without your written authorization:

A. Treatment

We may use and disclose your PHI to provide, coordinate, or manage your medical care. This includes sharing information with healthcare providers, pharmacies, laboratories, and specialists involved in your treatment or who provide care on our behalf.

B. Payment

We may use and disclose your PHI to bill for our services and obtain payment from you, your health plan, or a third-party payer. This may include verifying insurance benefits, obtaining prior authorizations, or determining coverage eligibility.

C. Health Care Operations

We may use and disclose your PHI for healthcare operations, including:

• quality assessment and improvement activities;
• internal audits and compliance reviews;
• training and evaluation of our staff and providers; and
• administrative, financial, and legal functions.

D. Appointment Reminders & Health-Related Information

We may use your PHI to contact you about:

• appointment reminders;
• prescription refill notices;
• treatment alternatives; and
• health-related services, programs, or benefits that may be useful to you.

You may opt out of these communications at any time.

E. Individuals Involved in Your Care

Unless you object, we may disclose relevant PHI to a family member, caregiver, or other person involved in your care or payment for your care. If you are not available to agree or object (for example, during an emergency), we may use our professional judgment to determine whether the disclosure is in your best interest.

F. Other Uses and Disclosures Permitted by Law

We may use or disclose your PHI without your authorization when required or permitted by federal or state law, including:

• Public health activities (for example, disease prevention, reporting adverse events, or reporting certain communicable diseases);


• Health oversight activities (for example, audits, inspections, investigations, and licensure);


• Judicial and administrative proceedings (in response to court orders, subpoenas, or other lawful process);


• Law enforcement purposes (for example, to report certain injuries or comply with legal requirements);


• Coroners, medical examiners, and funeral directors (to carry out their duties as authorized by law);


• Organ, eye, or tissue donation (to organizations involved in procurement or transplantation);


• Research purposes (when an institutional review board or privacy board has reviewed and approved the research);


• To prevent or lessen a serious threat to the health or safety of a person or the public;


• Military, national security, or intelligence activities as authorized by law;


• Workers’ compensation and similar programs for work-related injuries or illness; and


• Correctional institutions or law enforcement custodians if you are an inmate or under custody.

G. Uses Requiring Your Written Authorization

We will obtain your written authorization for any use or disclosure of your PHI not described in this Notice, including:

• certain marketing communications;
• the sale of PHI; and
• most uses and disclosures of psychotherapy notes (if applicable).

You may revoke your authorization at any time by submitting a written request. Revocation will not affect any use or disclosure that has already occurred in reliance on your prior authorization.

II. YOUR RIGHTS REGARDING YOUR PHI

You have the following rights regarding your health information:

A. Right to Request Restrictions

You may request restrictions on how we use or disclose your PHI. We are not required to agree to your request, except in cases where you fully pay out-of-pocket for a specific service and request that we not disclose the related PHI to your health plan, as allowed by law.

B. Right to Confidential Communications

You may request to receive PHI at an alternate address, phone number, or email. We will accommodate reasonable requests.

C. Right to Access and Obtain Copies

You may access and obtain a copy of your PHI, including electronic records, unless restricted by law. We may charge a reasonable, cost-based fee for copies, postage, or electronic media. If we deny your request, you may be entitled to a review of that decision in certain circumstances.

D. Right to Amend Your PHI

If you believe your PHI is incomplete or incorrect, you may request an amendment. Your request must be in writing and provide a reason to support the requested change. We may deny your request in specific circumstances, such as when the information was not created by us, is not part of the records we maintain, or is already accurate and complete. If we deny your request, we will provide a written explanation.

E. Right to an Accounting of Disclosures

You may request a list (“accounting”) of certain disclosures of your PHI made by us during the six (6) years prior to your request. The first request in a 12-month period is free. We may charge a reasonable fee for additional requests and will inform you of the cost so you may choose to modify or withdraw your request.

F. Right to a Paper Copy of This Notice

You may request a paper copy of this Notice at any time, even if you agreed to receive it electronically.

G. Right to Restrict Fundraising or Marketing

We will not use your PHI for fundraising or marketing purposes without your explicit authorization, as required by law. If you receive any fundraising communications from us, you will have the opportunity to opt out of future communications.

III. QUESTIONS, REQUESTS, OR COMPLAINTS

If you have questions about this Notice, need additional information, or wish to exercise any of your rights, please contact:

FMC Weight Loss
3410 West 84th St #110
Bldg. F
Hialeah, FL 33018
Phone: 305-558-3571
Email: help@fmcweightloss.md

If you believe your privacy rights have been violated, you may file a complaint with us at the contact information above, or with the U.S. Department of Health & Human Services:

U.S. Department of Health & Human Services
Office for Civil Rights
200 Independence Avenue, S.W.
Washington, D.C. 20201
Website: https://www.hhs.gov/ocr/privacy/hipaa/complaints/

Website Disclaimer

FMC Weight Loss provides telehealth weight-loss services, medical evaluations, and prescription management. Payment does not guarantee that medication will be prescribed or dispensed. All prescriptions are based on the professional judgment of the healthcare provider.

Information on this website is for educational purposes only and should not replace professional medical advice, diagnosis, or treatment. Always consult your licensed healthcare provider with any questions regarding your health.

Date of Last Revision: June 1st, 2023

 

FMC Weight Loss subscriptions renew automatically at the end of each billing cycle. You can cancel anytime before the next billing date to avoid future charges. No refunds are issued for time already used. If a technical problem prevents access to your plan, you may request a case-by-case refund for the unused portion. Cancellation takes effect at the end of the current billing period, and you retain access until that date.

State-Specific Disclosures:

• California: Your subscription will continue until you cancel. You may cancel online at any time. Before any annual or long-term renewal, FMC will email a renewal reminder at least 3–7 days in advance.

• New York: For plans longer than one month, FMC will send a clear renewal reminder before each annual renewal.

• Vermont: If you accept a free or discounted introductory offer, you will receive a renewal reminder 3–7 days before your first paid charge.

• Other States: Similar automatic-renewal laws may apply; FMC complies with all applicable requirements by providing clear terms, an easy online cancellation process, and renewal reminders where required.

If you do not agree to these terms, please cancel before your next billing date or do not subscribe.

At FMC Weight Loss, we offer weight loss subscription plans that provide ongoing access to our premium services and resources. This Refund and Cancellation Policy outlines the terms and conditions related to refunds and cancellations for our subscription plans. By subscribing to FMC weight loss services, you agree to comply with this policy.

1. Subscription Plans and Billing

1.1. Subscription Types: We offer various subscription plans, including monthly, quarterly, semi-annual and annual subscriptions. Each subscription plan is billed in advance for the specified duration.

1.2. Auto-Renewal: All subscription plans are set to auto-renew at the end of the billing cycle unless cancelled by the subscriber.

1.3. Billing Date: The billing date for your subscription is determined by the date on which you initially subscribed. Subsequent billing cycles will occur on the same day each billing period.

2. Refunds

2.1. No Refunds for Used Subscription Periods: We do not offer refunds for partially used subscription periods. If you decide to cancel your subscription during a billing cycle, you will have access to the subscription benefits until the end of the current billing period.

2.2. Refunds for Unused Subscription Periods: In the event of technical errors or issues resulting in the inability to access subscription benefits, you may request a refund for the unused portion of the subscription period. Refund eligibility will be determined on a case-by-case basis.

2.3. Processing Time: Refunds, when applicable, will be processed within 14 business days from the date of approval.

3. Cancellations

3.1. Order Cancellation: To cancel your order, contact our customer support team within 24 hours of placing the order. Orders cannot be canceled once they have been shipped.

3.2. Subscription Cancellation: You may cancel your subscription at any time through your account settings on our website or by contacting our customer support team by sending an email to help@fmcweightloss.md.

3.3. Effective Cancellation Date: The cancellation will be effective at the end of the current billing cycle. You will have access to subscription benefits until the end of the billing period during which the cancellation is requested.

4. Proactive Subscription Management

4.1. Subscription Reminders: Prior to the auto-renewal date, we will send you a subscription renewal reminder to the email address associated with your account. This notification will include instructions on how to cancel the subscription if you wish to do so.

4.2. Subscription Modifications: You may upgrade or downgrade your subscription plan at any time through your account settings.

5. Changes to this Policy

5.1. We may update this Refund and Cancellation Policy from time to time to reflect changes in our subscription practices or for other operational, legal, or regulatory reasons. We will post the updated policy on our website and indicate the "Date of Last Revision" date at the top of the page.

By subscribing to FMC Weight Loss services, you acknowledge that you have read, understood, and agreed to abide by this Refund and Cancellation Policy. If you do not agree with the practices described in this policy, please refrain from subscribing to our weight loss services.