Body Wise Care - Terms and Conditions

Effective Date: June 5, 2024

These Terms of Use (“Terms”), which include an agreement to arbitrate and consent to electronic communications, govern your access to and use of services provided by Body Wise Care, LLC (“Body Wise Care”, “we”, or “us”), including the Body Wise Care website located at www.trybodywise.com (“Site”), subscription services that include personal healthcare navigation services, communication services, and other technology or non-clinical personal services provided by Body Wise Care (collectively, the “Services”). Please read these Terms carefully before using the Services. By accessing or using the Services, you agree to be bound by these Terms. If you are accepting these Terms for another person (“Family Member”) as such Family Member’s parent, guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member.

Body Wise Care provides medical services directly. These Terms govern your access to and use of the non-clinical Services offered by Body Wise Care. If you and/or your Family Member use medical services provided by Body Wise Care, you understand and agree that you, and your Family Member, are bound by and subject to the Patient Agreement. Please read the Patient Agreement carefully before receiving any medical services, including telehealth services, from Body Wise Care.

Please refer to our Privacy Policy to learn how Body Wise Care collects, uses, shares, and protects your personally identifiable information.

YOU AGREE THAT DISPUTES BETWEEN YOU AND BODY WISE CARE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 11 BELOW. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 11.

Updates to the Terms

Body Wise Care may, in its sole discretion, without prior notice to you, revise these Terms at any time. Should these Terms change materially, Body Wise Care will update the “Updated” date noted above and post a notice regarding the updated Terms. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the changes. If you continue using the Services after the Updated date, you will be bound by the updated Terms.

Use of the Services

You may use the Services only if you are 18 years or older and solely for your own personal, non-commercial use. It is important that you provide us with accurate and complete information for your interactions with us and update such information as needed. You should use particular caution when accessing our communications from a public or shared computer so that others are not able to view or record your personal information. We will not be responsible for any loss or damage if you do not protect your personal information.

Acknowledgement of Monthly Subscription Fee

Body Wise Care charges a monthly subscription fee (the “Monthly Subscription Fee”) for access to certain features of the Services, including medication provided by Body Wise Care partnered pharmacies. The Monthly Subscription Fee may be modified by notice in accordance with these Terms. Certain subscribers may have access to the Services through their employers, professional affiliations, partnerships, or other organizations, and as a result, the Monthly Subscription Fee may not apply to such subscribers. The Monthly Subscription Fee covers costs associated with personal services and tools that enhance your healthcare experience and facilitate access to telehealth services, including medication provided by Body Wise Care partnered pharmacies. PAYMENT OF THE MONTHLY SUBSCRIPTION FEE TO BODY WISE CARE IS REQUIRED TO RECEIVE MEDICAL SERVICES FROM BODY WISE CARE. To learn more about the Monthly Subscription Fee, contact us at ask@trybodywise.com. For our paid subscribers, Body Wise Care will charge your Monthly Subscription Fee to your designated billing account. You agree to make the payment using your chosen payment method. IF YOUR SUBSCRIPTION IS SUBJECT TO THE MONTHLY SUBSCRIPTION FEE, YOU AUTHORIZE US TO CHARGE YOUR CHOSEN PAYMENT METHOD THE MONTHLY SUBSCRIPTION FEE AT THE TIME OF INITIAL PAYMENT AND EACH MONTHLY RENEWAL, UNTIL YOU CANCEL. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS TO AVOID BEING CHARGED THE MONTHLY SUBSCRIPTION FEE FOR THE NEXT MONTH. YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING US AT ASK@TRYBODYWISE.COM.

Service Use Termination

You may terminate your subscription to the Services at any time by contacting us via email at ask@trybodywise.com. If you terminate your subscription, your access to the Services will end immediately. We may terminate your use of the Services at any time by sending notice to you at the email address you provided or otherwise contacting you. If we terminate your use of the Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refund of the paid Subscription Fee. We are not required to provide you with notice prior to terminating your use of the Services or a reason for such termination.

Use of the Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services solely for your personal and non-commercial purposes. Your use of the Services must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in the Services.

The following is a list of the type of actions that you may not engage in with respect to the Services:

  • You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents;

  • You will not interfere, access, tamper with or disrupt the Services or the servers or networks connected to the Services;

  • You will not attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures;

  • You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;

  • You will not use the Services or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

  • You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;

  • You will not use, display, “frame” or “mirror” any part of the Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us; and

  • You will not collect or store any personal information, including personally identifiable information, from users without their express permission.

Consent to Electronic Communications

You agree that Body Wise Care may send the following to you by email or by posting them on our Site: legal disclosures; these Terms; Privacy Policy; future changes to any of the foregoing; and other notices, policies, communications or disclosures and information related to the Services. You agree that Body Wise Care may contact you via email, phone, text, or mail regarding your subscription or the Services, which may include your or your Family Member’s health information. You understand that information contained in these communications may not be protected by encryption technology, and there is a risk that they may be read by a third party. You agree to update your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and Body Wise Care.

If you later decide that you do not want to receive certain future communications electronically, please send an email to ask@trybodywise.com or write to us at ask@trybodywise.com. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above. We will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to these Terms or information about billing.

Consent to Receive Calls and Text Messages and Video Recordings

By providing your mobile number, you are agreeing to be contacted by or on behalf of Body Wise Care at the mobile number you have provided, including calls and text messages, to receive informational, Services-related (e.g., progress tracking, reminders, etc.) and marketing communications relating to the Services. Message and data rates may apply. You can opt out of receiving further calls and text messages by contacting us at ask@trybodywise.com. Please note that we may record videos of your telehealth consultations for quality and training purposes and to facilitate your treatment. By using our Services, you consent to such recordings.

Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at ask@trybodywise.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Body Wise Care, and you hereby assign and agree to assign all rights, title, and interest you have in such Feedback to Body Wise Care together with all intellectual property rights therein.

Intellectual Property Rights and Content

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

Disclaimers

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE SERVICES, OR RESULTING FROM ANY CONTENT POSTED ON THE SERVICES.

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT.

Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT, OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE SERVICES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 OR THE AMOUNTS PAID BY YOU TO US FOR ACCESS TO AND USE OF SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Dispute Resolution

Agreement to Arbitrate. Due to our services being primarily remote, understand there are some unavoidable limitations in care provided due to the lack of physical exams and in-person assessments. We will always do our best to provide the best care to every patient regardless of those limitations. Please do not hesitate to contact us should any concerns regarding your care arise at any time.

It is understood that any dispute as to medical malpractice, that is, whether any medical services rendered under this contract were unnecessary, unauthorized, improperly, negligently, or incompetently rendered, will be determined by submission to arbitration as provided by law, and not by a lawsuit or resort to court process except as law provides for judicial review of arbitration proceedings.

All Claims Must be Arbitrated. It is the intention of the parties that this agreement bind all parties whose claims may arise out of or relate to treatment or service provided by the physician/provider including any spouse or heirs of the patient and any children, whether born or unborn, at the time of the occurrence giving rise to any claim. In the case of any pregnant mother, the term “patient” herein shall mean the mother and the mother’s expected child or children. All claims for monetary damages exceeding the jurisdictional limit of the small claims court against the physician/provider, and the provider’s partners, associates, association, corporation or partnership, and the employees, agents, and estates of any of them, must be arbitrated. Filing any court action by the physician/provider to collect any fee from the patient shall not waive the right to compel arbitration of any malpractice claim.

Procedures and Applicable Law. A demand for arbitration must be communicated in writing to all parties. Each party shall select an arbitrator (party arbitrator) within thirty days, and a third arbitrator (neutral arbitrator) shall be selected by the arbitrators appointed by the parties within thirty days of a demand for a neutral arbitrator by either party. Each party to the arbitration shall pay such party’s pro rata share of the expenses and fees of the neutral arbitrator, together with other expenses of the arbitration incurred or approved by the neutral arbitrator, not including counsel fees or witness fees, or other expenses incurred by a party for such party’s own benefit. The parties agree that the arbitrators have the immunity of a judicial officer from civil liability when acting in the capacity of arbitrator under this contract. Either party shall have the absolute right to arbitrate separately the issues of liability and damages upon written request to the neutral arbitrator. The parties consent to the intervention and joinder in this arbitration of any person or entity which would otherwise be a proper additional party in a court action, and upon such intervention and joinder, any existing court action against such additional person or entity shall be stayed pending arbitration.

General Provisions. All claims based upon the same incident, transaction, or related circumstances shall be arbitrated in one proceeding. A claim shall be waived and forever barred if (1) on the date notice thereof is received, the claim, if asserted in a civil action, would be barred by the applicable state statute of limitations, or (2) the claimant fails to pursue the arbitration claim in accordance with the procedures prescribed herein with reasonable diligence. With respect to any matter not herein expressly provided for, the arbitrators shall be governed by the state provisions relating to arbitration.

Revocation. This agreement may be revoked by written notice delivered to the physician/provider within 30 days of signature. It is the intent of this agreement to apply to all medical services rendered at any time for any condition.

General Provisions

These Terms make up the entire agreement relating to your use of the Services, and supersede all prior agreements relating to the subject matter hereof.

These Terms will be governed by the laws of the State of Nevada without regard to its conflict of laws provisions.

We may change, suspend, or discontinue any of the Services at any time. We will try to give you prior notice of any material changes to the Services. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

These Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Terms to anyone else without our consent. Body Wise Care may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Services. You should know that we can, but are not obligated to, use your Feedback without restriction or any obligation to compensate you, and we have no obligation to keep it confidential.

Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination.

In order to protect the integrity of the Services, we may, at any time in our sole discretion, block users from certain IP addresses from accessing the Services.

If you have any questions about these Terms, please contact ask@trybodywise.com.

Telemedicine Consent Form

I hereby consent to receiving treatment through telehealth from my Body Wise Care clinician or a qualified member of the Body Wise Care care team. I understand that “telehealth” is the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care. I understand that telehealth also involves the communication of my medical information, both orally and visually, to health care clinicians located at Body Wise Care affiliated facilities or elsewhere.

Understanding of Telemedicine:

  • Telemedicine involves the use of electronic information and communication technologies to deliver services to an individual who is in a different location than the healthcare provider.

  • Telemedicine requires the transmission of my protected health information via electronic means. I consent to the transmission of my protected health information via HIPAA-compliant electronic modalities.

Rights with Respect to Telehealth:

  • I have the right to withhold or withdraw consent at any time without affecting my right to future care or treatment or risking the loss or withdrawal of any program benefits to which I would otherwise be entitled.

  • Receiving treatment through telehealth does not mean I cannot receive in-person health care services, either today or in the future.

  • There are limitations to the types of treatment that can be appropriately provided via telehealth, and my Body Wise Care clinician determines whether or not it is appropriate for me to receive treatment via telehealth.

Confidentiality and Privacy:

  • The information disclosed by me during the course of my treatment is generally confidential. However, there are both mandatory and permissive exceptions to confidentiality, including but not limited to reporting child, elder, and dependent adult abuse, expressed threats of violence towards an ascertainable victim, and where I make my mental or emotional state an issue in a legal proceeding.

  • The dissemination of any personally identifiable images from the telehealth interaction to other entities shall not occur without my written consent.

  • The laws that protect privacy and the confidentiality of medical information, including HIPAA, also apply to telemedicine.

Potential Benefits and Risks:

  • I may benefit from telehealth, but results cannot be guaranteed or assured.

  • There are risks involved in receiving treatment via telehealth, such as interruption of the audio-video connection or delays in receiving treatment because of technological failures.

Technical Aspects of Telehealth:

  • Telemedicine appointments will be conducted remotely. If via video, the healthcare provider will be able to see my image on the screen and hear my voice. I will be able to hear and see the healthcare provider. If via phone, the healthcare provider and I will be able to hear each other's voice in real time. If via electronic written communication, the healthcare provider will review information I provide and contact me via email or secure messaging asynchronously.

Access to Health Information:

  • I have the right to access my health information and copies of medical records in accordance with state and federal law.

Consultation Process:

  • I can discuss any questions that I have with my Body Wise Care clinician at the beginning of my telehealth consult. My clinician will answer any such questions, and I may decline to continue the telehealth consultation at any time.

Financial Responsibility:

  • I understand that I will be responsible for any payment that applies to my telemedicine consultation.

By beginning my telehealth consult, I confirm that I have read and understand the information in this Informed Consent, that my name and identity have been correctly identified, and that I give my informed consent to receive treatment via telehealth from Body Wise Care.

Pharmacy Consent Form

At Body Wise Care, we partner with a few reputable pharmacies to provide compounded medications. We strive to ensure that the medications prescribed do not contain harmful additives or questionable ingredients. However, Body Wise Care and our providers cannot be held liable for the quality, effectiveness, or safety of compounded medications, as these pharmacies are regulated by their respective state pharmacy boards. If you have any concerns about your medication, please contact the pharmacy directly and notify us so we can address the issue with them if necessary.

Please be aware that any issues with your medication, such as broken vials or incorrect dosages, must be reported to the pharmacy within 24 hours of receiving the medication. The pharmacy may request photos of the received medication and packaging to resolve the issue.

GLP-1 medications should not be used by individuals with a personal or family history of medullary thyroid cancer or multiple endocrine neoplasia. These medications are also contraindicated during pregnancy, breastfeeding, or if you are planning to become pregnant. Additionally, GLP-1 medications may need to be discontinued prior to any procedure involving sedation or intubation.

All medications carry a risk of side effects. Common side effects of GLP-1 medications include gastrointestinal issues such as diarrhea, nausea, and constipation, which often improve over time. Please refer to the link in your prescription summary for more detailed information about GLP-1 medications and their potential side effects. If you experience any concerns, please contact patient support.

You acknowledge that you have read and understood the information provided above and consent to receive medication from a designated compounding pharmacy.