Terms And Conditions
Terms & Conditions
These Terms are a binding legal terms and conditions between MetabolicMD and you. MetabolicMD is also named in these terms as “us”, “we”, or “the company”, and includes our employees and our agents. The user of these services is referred to as the “user” or “you”. If you can’t be bound by these terms and conditions, then do not acknowledge that you have reviewed and agree to them, and do not pursue this free consultation.
I. MetabolicMD Does Not Provide Medical Advice or Services as Part of This Consultation
Your MetabolicMD Consultation is being provided by a certified nutrition coach who is not a licensed medical practitioner in your or any other state. We recommend you seek the advice of a licensed medical provider in your state for guidance regarding any medical condition and/or any dietary changes you pursue related to or not related to any medical condition.
These services do not constitute the delivery of diagnoses or treatment services, or any other medical advice. We, our employees, and our agents are not an alternative for personal medical advice from your physician. The nutritional coach from who you will receive this free consultation does not provide medical care. We are not representing any dietary changes you may pursue as a result of this consult as effective and/or safe.
If you have any medical conditions that may be related to your blood glucose or diet (i.e. diabetes, heart disease, gastrointestinal disorders, food intolerances, conditions associated with abnormal blood pressure or cholesterol/triglycerides, or any other medical condition), we advise you seek the help of a licensed medical provider in your state regarding the dietary management of your conditions.
II. Services and Relationship of Services to Terms and Conditions
Services provided are as outlined in the paragraphs above and are not medical services. You understand that the service provided is a “one time” 15-minute phone or telemedicine service, and there are no additional, ongoing, “add on” or other service to be provided. As noted above, no licensed provider is providing this consultation, and no medical services are being provided. Additionally, you acknowledge that the information provide to you as a result of this consultation is entirely based on the information, medical and otherwise, you provided the certified nutritional coach verbally or in writing. You agree that,even if another person assists you in this process, that all information you provide MetabolicMD is correct and comprehensive.
By accepting this free consultation, you agree that all the terms and conditions listed in this document are accepted by you. Registering for and receiving these services requires that you be at least 18 years old. These terms and conditions apply to any user of services and, as noted above, also applies to any person who is helping another person accessing any of services. You agree, as does any assistant or person helping, to abide and accept all terms and conditions of services as a condition of accessing services. In addition, you represent and warrant that all registration information or medical information that you submit or that is submitted on your behalf is complete, accurate and truthful.
III. Use of Internet Services, Communication by Phone, Policy on Privacy
You understand that electronic access to your phone or telemedicine consultation services is necessary in order for you to receive these services. You agree that though our telemedicine services are provided on a HIPPA compliant platform, we cannot guarantee confidentiality. You agree that by participating in the above means of communication, you expressly waive any guarantee of confidentiality with respect to their use. You also agree that telemedicine and phone services are not absolutely secure methods of communication, and there is always a possibility that a third party may gain access to this information. Although MetabolicMD and our employees and agents shall make an effort to keep all communications confidential and secure, absolute confidentiality of these communications can never be guaranteed.
Additionally, by agreeing to these terms and conditions you agree to your disclosure of Protected Health Information (PHI) and other information to us. In so doing you are agreeing to our standard practices of the use of your PHI, including our collection and non-identifiable disclosure of this personal health information. This information may consist of PHI which includes, but is not limited to, medical conditions, medication use, diagnoses, signs and symptoms, allergies, and other health related information. This may also include information used for communication including email addresses, phone numbers, addresses, and other demographic information. Also, you agree that any information of any type that you provide MetabolicMD the unrestricted property of MetabolicMD to utilize in a non-identifiable manner as part of our business practices, research, services or otherwise. You understand and agree that you are entitled to no compensation for our use of this information.
IV. Disclaimer, Limits of Liability, Indemnification
You agree that MetabolicMD, by offering this free consultation, is not liable for damages possibly related to this service. You acknowledge that our services would not be provided to you if you did not accept this limitation. You agree and understand that this limitation of liability may be subject to state and local restrictions on liability. Should this be the case, both you and us agree that liability for services we provide is limited to the fullest extent allowed by local and state law.
MetabolicMD is not responsible for any electronic viruses, ransomware, malware or other electronic issues that arise from the use of our website, our electronic communication, or any third-party electronic source. Consequently, we are not responsible for any damages resulting to a user, a business, or any other persons resulting from the same. This includes, but is not limited to data loss or profit loss.
User agrees to hold MetabolicMD harmless for claims that may arise from the users inappropriate or flawed use of the information provided as part of this consultation, any user noncompliance with terms and conditions, any law violation by the user, or any other pertinent action or misuse by the user. These damages my include, but are not limited to, damages, other expenses, losses, and legal fees. This indemnification applies to the company, its employees, its owners and its agents.
The company may be contacted by email at CGMDiet@gmail.com or by mail at 72 N Dixie Dr, Vandalia, OH 45377.
Disputes arising from these terms and conditions are to be settled by binding arbitration (see below). Never the less, action in a court of proper jurisdiction for equitable relief is the right of each party. The user and the company shall have the right to pending a final decision by the arbitrator, to seek court action. This court shall be located in the jurisdiction of Montgomery County, Ohio.
Any controversy or claim arising out of or relating to these terms and conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Arbitration Rules. The number of arbitrators shall be three. The place of arbitration shall be Vandalia, Ohio. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
In the event that a court of competent jurisdiction finds any term or clause in these terms and conditions to be invalid, unenforceable, or illegal, the same will not have an impact on other terms or clauses in the terms and conditions or the entire terms and conditions. However, such a term or clause may be revised to the extent required according to the opinion of the court to render these terms and conditions enforceable, valid, and the rights and responsibilities of the parties shall be interpreted and enforced accordingly, so as to preserve the terms and conditions and intent to the fullest possible extent.
These terms and conditions are governed by the laws of the State of Ohio, Montgomery County, except for conflict of law provisions. The statute of limitations applicable to any claim shall be that which would be applied by the courts of the state in Ohio. This Section will remain in force for any dispute that arises over prior activities, regardless of termination of these terms and conditions. Captions in these terms and conditions are included for the convenience of reference only and do not affect the construction or effect of the provisions of these terms and conditions.
MetabolicMD Ohio Office
72 N Dixie Dr.
Vandalia, OH 45377
MetabolicMD Indiana Office
1044 Oak Dr.
Richmond, IN 47374