Terms and Conditions of Use

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.