Terms & Conditions

TERMS AND CONDITIONS OF USE

 

Date of Last Revision: 09/14/2019

BODMD’S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER AMONG OTHER ACTIVITES.   BODMD SERVICES DO NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN AND SHOULD NOT BE CONSIDERED YOUR PRIMARY CARE PHYSICIAN (PCP).  BODMD SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.  

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.  

YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE.  IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE.

THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

INTRODUCTION

BodMD, Inc., BodMD Medical Group AR PA, and their respective affiliates (collectively, “BodMD,” “we ”, “us”, or “our”) own and operate the website located at www.bodmd.com (and collectively with any affiliated mobile application (“App”), the “Site”).  The Site is intended to facilitate the provision of the Services to registered users.  The “Services” may include (i) providing individuals with information on health care and wellness (“Content”); (ii) providing individuals to an affiliated compounding pharmacy; (iii) the development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications; (iv) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and (v) telecommunications support for using the Services as a means of direct access to health care providers provided by BodMD Medical Group AR PA and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers.

These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with regard to the BodMD Site that you may use to receive Services.  Your access to and use of the Site is subject to these Terms of Use, our Privacy Policy, as well as all applicable laws and regulations.  In these Terms of Use, the terms “you” and “yours” refer to the person using the Services.  Even though you may have arrived to the Site through a website or mobile application operated or controlled by a third party, including by an affiliate of BodMD, you understand and agree that these Terms of Use are entered into between you and BodMD.  If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Site, Services or any information or Content provided through the Site or Services. The Site and Services are continually under development, and BodMD reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you.  You should check the Terms of Use from time to time when you use the Site or Services to determine if any changes have been made. Any changes to these Terms of Use are effective upon posting to the Site. Unless otherwise indicated, any new Content added to the Services is also subject to these Terms of Use upon posting to the Site. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Site and/or Services.  Your continued use after a change has been posted constitutes your acceptance of the changes.

AVAILABILITY

Services are currently only available to individuals located in certain states (“Nationwide Providership”).  For the current list of states where we perform services, please visit bodmd.com/nationwide-providership.

ELIGIBILITY

In order to qualify to use the Services, the following must be true:

  • You are age 18; or you are age 29 to be considered for hormone therapy.
  • You do not have specific contradictions depending on type of Service.
  • You are located in a state where we perform services (depending on the type of Services).
  • You agree to be legally bound by and comply with these Terms of Use.

You understand and agree that satisfying the above requirements does not guarantee that you will receive Services through BodMD.  In addition to the above requirements, BodMD and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

REQUIREMENTS FOR USE

You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Site.  Fees and charges may apply to your use of the mobile services and to the Internet and BodMD is not responsible for those fees/charges.

SPECIAL CONSENT TO TELEHEALTH SERVICES

Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location.  Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:

  • Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
  • Interactions between a patient and health care provider via audio, video, and/or data communications; and
  • Use of output data from medical devices, sound, and video files.

The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.

Please see our Consent to Telehealth available on the www.bodmd.com/consent-to-telehealth for a description of the risks and benefits of telemedicine.  The Consent to Telehealth is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

PRIVACY POLICY

BodMD understands the importance of confidentiality and privacy regarding your health information.  Please see: (1) our Privacy Policy available on the Site for a description of how we may collect and use your personal information, and (2) the BodMD Professionals Notice of Privacy Practices applicable to BodMD Medical Group AR PA and similar affiliated professional entities for a description of how these entities may use and disclose your medical information and how you may access that information.  The Privacy Policy and Professionals Notice of Privacy Practices are hereby incorporated into these Terms of Use by reference and constitute a part of these Terms of Use.

YOUR RELATIONSHIP WITH BODMD

BodMD does not provide any medical services, including via the Site and Services.  Rather, BodMD provides a technology platform for you to access a health care provider employed or contracted with BodMD Medical Group AR PA or similar affiliated professional entities and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness.  The health and wellness resources made available through our Services are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with a BodMD Medical Group AR PA or affiliate health care provider through the Services, you are not entering into a provider-patient relationship with BodMD.

By accepting the Terms of Use, you agree and consent to BodMD, BodMD affiliates, or health care providers sending you disclosures, notices, messages, reports, and other communications.  It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us or any BodMD affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.

CONSULTATIVE SERVICE

In some cases, a BodMD Medical Group AR PA or affiliated health care provider may use the Services to provide advice or treatment to you.  A health care provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance.  Therefore, the health care provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, BodMD strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with a health care provider.  Moreover, a health care provider utilizing BodMD may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Services may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease or injury.

PHARMACY SERVICES

If you receive a prescription as a result of the Services, you may select one of our partner pharmacies to ship your prescription.  You give us consent to send and disclose to the Pharmacy Network all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services.

PACKAGING AND FULFILLMENT RESTRICTIONS

If you select to use the Pharmacy Network to fulfill any prescriptions provided by health care providers through the Services, you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.

PAYMENT

You agree to pay all fees due for services requested.  You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have.  By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.

You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s).  Your payments to BodMD may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which BodMD collects on their behalf. Any health care services or pharmacy services not made available through the Services are not included in the payments collected by BodMD and you may be separately charged by the applicable health care providers for such services.  In the event that your credit card expires or BodMD, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. BodMD and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.

By agreeing to use the Services, you acknowledge and agree that: (1) you will pay directly for any medical services and products provided to you, and (2) neither BodMD nor any BodMD affiliated health care organization or provider will bill any federal or state health care program for such medical services or products. We strive for transparency in the costs for any medical services and products that you may obtain through the Services, and, as such, you can find specific pricing information at bodmd.com.

SITE CONTENT

Except for specific communications received from BodMD Medical Group AR PA or affiliate health care organizations and providers, and specifically in reference to your medical case, none of the Content you receive through the Site should be considered medical advice.

REGISTRATION AND USER ACCOUNTS

Although certain parts of the Site are accessible by any individual, you are obligated to register with BodMD in order to access the Services.  The Services are available only to registered users and to other persons affiliated with BodMD who have been granted accounts with usernames and passwords (“Secure Users”).  If you are a Secure User, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to BodMD.  If you do not maintain such information, or BodMD has reasonable grounds to suspect as much, BodMD has the right to suspend or terminate your account and your use of the Services. You also agree to immediately notify BodMD of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing BodMD at support@bodmd.com.  BodMD may take any and all actions it deems necessary or reasonable to maintain the security of the Site, Services and your Secure User account.

You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session.  You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised.  You may not transfer or share your password with anyone.  You may not use anyone else’s account at any time. BodMD explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.  You acknowledge and agree that: (1) all or any part of the Site may not be accessible at any time, for any period, or for any reason; and (2) BodMD will not be liable if for any reason all or any part of the Site are unavailable at any time or for any period.

‘JAILBREAKING’ THE MOBILE APP

The App is intended for use only on a mobile phone that runs an unmodified manufacturer approved operating system.  Using the App on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information from unauthorized or unintended disclosure. Use of the App on a mobile phone with a modified operating system is a material breach of these Terms of Use.

ACCESS RIGHTS AND PROHIBITED USE

Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Site in the states we provide services and to use the Services solely for your personal use and only as permitted under these Terms of Use, the Consent to Telehealth, and the Privacy Policy.  No other right, title, or interest in or to the Site is transferred to you, and all rights not expressly granted are reserved by BodMD. We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Site, or any other system, device, or property; (e) access or use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site, Services or related materials in any way; (g) use or access the Site to create or develop competing products or services or for any other purpose that is to BodMD’s detriment or commercial disadvantage; (h) take any action or use the Site in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Site or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Site or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by BodMD or any of our service providers to protect our Site; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Site or any content made available to you on or through our Site; (l) use any manual process or automated device to monitor or copy any content made available on or through our Site for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to BodMD or third-party content from the Site; (n) otherwise use the Site in any manner that exceeds the scope of use granted above; or (o) encourage or enable any other individual to do any of the foregoing.

OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITE

With the exception of any personal data or information you submit maintained in accordance with our Privacy Policy (which may be governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”) or related state-specific privacy laws and regulations), you understand and agree that any information you provide to BodMD on or through the Site or Services, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of BodMD and/or (i) BodMD Medical Group AR PA, (ii) similar affiliated professional entities, or (iii) individual health providers utilizing the Services.

Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting.  BodMD shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to BodMD via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

For any personal data or information subject to the foregoing exception, and to the extent permitted by law, you: (1) understand and agree that any such information provided by you may be used, copied or displayed by BodMD, BodMD may create derivative works of any such data, and BodMD may provide such data to our service providers, our successors and assigns, BodMD Medical Group AR PA and affiliated health care providers, and their affiliated professional entities, in performance of their services; and (2) grant BodMD, our service providers, our successors and assigns, BodMD Medical Group AR PA and affiliated health care providers, and their affiliated professional entities, the fully transferable and sublicenseable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Site for the purposes of providing services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of BodMD using such data.

OWNERSHIP OF SITE CONTENT

As between BodMD and you, BodMD is the sole and exclusive owner of all right, title and interest in and to the Site and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you.  You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Site or Content shall be owned solely and exclusively by BodMD or its licensors, including all intellectual property rights therein.  You may not access or use for any commercial purposes any part of the Site or Content.

USE OF LOGOS & TRADEMARKS

Certain names, logos, and other materials displayed in and through the Site may constitute trademarks, trade names, service marks or logos of BodMD or its affiliates.  You are not authorized to use any such trademarks without the express written permission of BodMD.  Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.

LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITE

The Site may contain hyperlinks or references to other webSite (“Linked Site”) operated by third parties.  The Linked Site may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site.  We are providing these Linked Site to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Site is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Site.

You may have arrived to the Site through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of BodMD.  You understand and agree that we are not responsible for the information, products or services described on those Linked Site and only these Terms of Use will apply to your use of or access to the Site.

TERMINATION

The Terms of Use will remain in full force and effect as long as you continue to access or use the Site or Services.  You may terminate the Terms of Use at any time by discontinuing use of the Site. Your permission to use the Site automatically terminates if you violate these Terms of Use.

BodMD may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Site or Services with or without prior notice, for any reason, and at any time.  The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment.

Subject to applicable law, BodMD reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies.  After such termination, BodMD will have no further obligation to provide the Services, except to the extent an affiliated professional entity is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical and professional obligations to you.  You agree that if your use of the Services is terminated pursuant to these Terms of Use, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold BodMD harmless from any and all liability that BodMD may incur therefore.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.  YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND ANY SERVICES ARE PROVIDED THROUGH THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS.  BODMD AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PROFESSIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION.  WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITE OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER BODMD NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE.  IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITE. FURTHERMORE, BODMD DOES NOT GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND BODMD DISCLAIMS ANY LIABILITY RELATING THERETO.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SITE ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL BODMD, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE.  THIS IS TRUE EVEN IF BODMD OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BodMD, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the Site in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these Terms of Use.

MODIFICATIONS TO THE SITE

BodMD reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Site or Services or any portion thereof, with or without notice.  You agree that BodMD shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services.

GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE; SEVERABILITY OF PROVISIONS

This Agreement shall be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Texas. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of this Website. The failure of Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. This Agreement, together with any applicable Form and policies, comprises the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

DIGITAL MILLENNIUM COPYRIGHT ACT

BodMD reserves the right to remove any content or any other material or information available on or through our Site, at any time, for any reason. BodMD otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with BodMD.

Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Site, you may submit a notification to our Designated Agent at the following address:

Angie Sheffield at support@bodmd.com

Any notification to BodMD under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
  • An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • An identification of the content or material that you claim is infringing and where it is located on our Site;
  • Information sufficient for BodMD to contact you, such as your address, telephone number, and/or email address;
  • A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  • A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

BodMD.com is the official website for BodMD, and its affiliates. BodMD, has the registered address of:

BodMD
901 Sam Rayburn
Melissa, Texas 75494
972.439.1750
support@BODMD.com

MONTHLY MEMBERSHIP CANCELLATION

Please email to cancel or modify your monthly therapies at any time at support@bodmd.com without penalty. You can also modify or cancel your order at anytime your portal at bodmd.com.  You are also authorizing BodMD, to charge your credit card for the products you have ordered on a monthly basis. You may cancel at any time without obligation and without penalty by emailing support@bodmd.com or canceling the order on the bodmd.com portal. All cancellations must be performed or delivered to BodMD, within 3 business days of the next shipment to guarantee cancellation of that shipment.

FTC DISCLOSURES

As a participant in the BodMD, program, all distributors will be required to acknowledge the FTC disclosure for participation in the program.

QUESTIONS OR ADDITIONAL INFORMATION

If you have questions regarding this information or wish to obtain additional information, please send an e-mail to support@bodmd.com.