360 Health Services (get-semaglutide.com) Terms of Use

Effective Date: March 18, 2024

Important Note:

If you are experiencing a medical emergency, please dial 911 or your local medical provider. The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.

I. Introduction

These Terms of Use (“Terms”) govern your access and use of the 360 Health Services, LLC website (get-semaglutide.com) and any related services offered by 360 Health Services, LLC (collectively, the “Services”).

II. Your Agreement

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all of the Terms, you are not authorized to use the Services.

III. Our Relationship

360 Health Services employs or contracts with licensed medical providers (“Providers”) who offer telehealth consultations and services. All Providers delivering healthcare services through the platform are:

• Independent professionals contracted with 360 Health Services.
  
• Solely responsible for the healthcare services you receive.
  
• Consultations are conducted by a Provider licensed in your state via a secure HIPAA-compliant platform.
  
• Providers may diagnose and prescribe medications if clinically appropriate. Prescriptions can be issued for both controlled and non-controlled substances, including commercially available and compounded medications.

   

Get-Semaglutide.com Membership

By registering as a user of the Services, you become a “Basic Member” in addition to any specific program membership you choose.

Basic Membership includes:

• Access to the 360 Health Services website and patient portal
• Unlimited customer support
• Pharmacy and clinical care coordination
• Health information management

Medication Fulfillment

If prescribed, medications are fulfilled through licensed compounding pharmacies (“Pharmacies”) authorized to dispense medications in the state jurisdictions served by 360 Health Services. You agree that your prescriptions may be filled by and transferred between any of these Pharmacies. 360 Health Services does not control or interfere with any professional service provided by the Pharmacies, and each Pharmacy is solely responsible for their services rendered.

Third-Party Beneficiaries

By accepting this Agreement, you acknowledge that any services you receive from the Pharmacies or Providers through the Services are also subject to these Terms. These Labs, Pharmacies, and Providers are considered third-party beneficiaries of this Agreement.

IV. Independent Medical Judgment

360 Health Services, LLC does not control or interfere with the independent medical judgment of licensed healthcare providers affiliated with our services. These providers are solely responsible for the healthcare services you receive. You understand and agree that 360 Health Services, LLC is not responsible for any healthcare service provided by a healthcare provider, including any personal injury or property damage. You further understand and agree that after reviewing your information, the healthcare provider, in their independent professional judgment, will determine whether to prescribe medication, other treatments, or recommend seeking care from alternative resources.

V. Pharmacy Services

By accepting these Terms, you understand that 360 Health Services, LLC is not acting as a pharmacy, nor do we control or interfere with any pharmacy services. You may be referred to or connected with a separate pharmacy, pharmacist, or pharmacy group. This creates a separate relationship between you and that third-party entity.

VI. Electronic Communications

By using 360 Health Services, LLC, you consent to conducting business electronically with us and engaging in health-oriented activities with affiliated healthcare providers. These electronic communications have the same legal effect as your written signature. You agree to receive disclosures, messages, notices, and other communications from 360 Health Services, LLC and our affiliated entities to your designated mobile phone and email. It’s important to understand that we are not responsible for the security or privacy of the communication services you use to receive these messages and emails. You are solely responsible for monitoring and responding to these messages, and neither 360 Health Services, LLC nor the healthcare providers will be liable for any loss, injury, or claim resulting from your failure to read or respond to these communications or for not following treatment recommendations.

If you disagree with any of these Terms or our Privacy Policy, you may not use our services (get-semaglutide.com).

VII. Laboratory Products and Services

Laboratory products and services offered through 360 Health Services, LLC, including at-home testing kits, require a valid prescription or order from a licensed healthcare provider. If you receive laboratory products or services through us, the testing materials are shipped to you, and the associated costs are included in the total charged by 360 Health Services, LLC.  These laboratory products and services are considered “Third-Party Goods and Services” as described elsewhere in these Terms.

VIII. Third Party Goods and Services

360 Health Services, LLC may allow third-party providers (“Third-Party Providers”) to offer certain goods and services (“Third-Party Goods and Services”) through our platform.  Your use of any Third-Party Goods and Services and any interactions with Third-Party Providers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Party Providers.

We are not responsible for any disputes between you and any Third-Party Provider.  If a dispute arises, you agree to release and indemnify 360 Health Services, LLC, its affiliates, and its officers, directors, employees, agents, and licensors from any and all claims, demands, or damages arising out of or in any way related to such disputes.

Please note that some Third-Party Providers may be affiliated with 360 Health Services, LLC.  This affiliation does not change the fact that your use of their services is governed by separate terms and conditions.

IX. Modification and Termination of Rights

360 Health Services, LLC may suspend or terminate your access to our platform at any time, for any reason, with or without notice.  This includes situations where we believe you have violated our Terms of Use or harmed our interests or the interests of other users.

We may also limit, modify, suspend, or terminate your access to specific features of the platform.  We reserve the right to delete your information, files, and other content if we terminate your access.

These Terms of Use may be modified at any time without notice.  You can check the “Last Updated” date at the beginning of these Terms to see when they were last revised.  Your continued use of the platform after any changes are posted constitutes your acceptance of the changes.  If you do not agree to the changes, you may discontinue your use of the platform.

These Terms of Use will remain in effect for as long as you access or use the platform.  You may terminate these Terms at any time by discontinuing your use of the platform.

X. Eligibility

• To use get-semaglutide.com by 360 Health Services you must:
• Be at least 18 years old.
• Live in a state or territory where our services are available.
• Agree to be bound by these Terms of Use.
• Have compatible devices and internet access (fees may apply).

Meeting these requirements does not guarantee you will receive services.  We reserve the right to change these requirements at any time and without notice. Additionally, medical professionals may determine that you are not eligible for certain services.  You can contact us at [email protected] for more information.

XI. Availability

360 Health Services are subject to state regulations and may change over time due to these regulations.  Our services are currently available to eligible individuals in certain states.  For a list of these states, please visit our website.

XII. Registration, User Accounts, and User Data

Accuracy: You must provide accurate and complete information when registering for 360 Health Services.  This includes your email address, mailing address, and any other relevant information.  You are also responsible for updating this information if it changes.

Eligibility: 360 Health Services are only available to users who have registered through our website (get-semaglutide.com).  The website may not always be available, for any reason, and we are not liable for any downtime.

User Data: When you register, you may be asked to provide user information (“User Data”). You understand that we may use, copy, or display this data. We may also create derivative works of this data and share it with our service providers, successors and assigns, medical providers, and their affiliated entities, all in order to provide you with the Services.

Grant of Rights: You grant us, our service providers, successors and assigns, medical providers and their affiliated entities, the right to use, reproduce, modify, analyze, perform, display, distribute, and disclose any User Data you submit for the purposes of providing the Services, conducting research, and developing new features or services.

XIII. Your Protected Health Information (“PHI”)

Purpose: The website is intended to facilitate 360 Health Services by assisting with:

• Development and gathering of healthcare records and information
• Administrative support for scheduling and payment for healthcare services
• Coordinating fulfillment and payment for prescription medications
• Telecommunication and technology support for accessing medical providers for communication, consultations, assessments, and treatment.

Understanding of PHI: You understand that while we are not a covered entity under HIPAA, 360 Health Services gathers information to enable a medical provider to determine if a prescription or diagnostic test is right for you.  This information may include your health history, medications, blood pressure, diagnostic tests, and personal information.

Consent to Disclose: You consent to us sending your information to affiliated professional entities and their medical providers so you can receive 360 Health Services.  You also consent to us delivering your information to pharmacies, laboratories, and other diagnostic testing companies as needed.

HIPAA Applicability: Some of the involved entities may or may not be covered entities under HIPAA.  While HIPAA may not apply to your transactions with us, the medical groups, providers, labs, or pharmacies, some state privacy laws may apply.

Use of Protected Information:  Any information you provide that is protected under HIPAA or applicable state laws (“Protected Information”) will only be used or disclosed in accordance with those laws.  Information that is not Protected Information may be used or disclosed in accordance with our Privacy Policy.

Notice of Privacy Practices: The medical groups and providers have a Notice of Privacy Practices that describes how they use and disclose Protected Health Information.  By using the Service, you acknowledge receipt of this notice.

Information Not for Treatment: If HIPAA does apply, any information you submit that is not intended for diagnosis, treatment, prescription fulfillment, or laboratory services is not considered Protected Information and will only be subject to our Privacy Policy and applicable state laws.

XIV. Terms of Sale

1. Products and Availability: All products offered on our website are subject to availability. We reserve the right to limit quantities or cancel orders at any time, with or without notice. In the event of an error, we may correct the issue and adjust your order accordingly (including charging the correct price) or cancel the order and issue a full refund. Prices are also subject to change.

2. Taxes: You are responsible for any applicable sales tax, use tax, duty, customs fees, or other governmental charges (“Taxes”) related to your purchase. We will collect applicable taxes where required by law. The estimated tax will be presented at checkout, unless otherwise stated. The actual tax charged may differ due to factors like variations in processing programs and changing tax rates. We are not obligated to, and may not, collect taxes in all states. You may be responsible for directly reporting and paying taxes if we do not collect them.

3. Payment: We only accept valid payment methods. You represent and warrant that you are authorized to use your designated payment method. We will charge your designated payment method for the total order amount, including taxes and shipping. If your payment is declined, we will attempt to process it again until approved. We may receive updated payment card information from your issuer, such as updated card numbers and expiration dates, to ensure uninterrupted service. By using our website, you agree to these updates and their use for future purchases and subscriptions. We are not responsible for any fees or charges applied by your bank or payment card issuer. If your bank reverses a charge, we may bill you directly using another method.

4. Purchase Information: When placing an order, you may be required to provide information like your payment card details, billing and shipping addresses, phone number, and email address. You grant us the right to share this information and any updates with third parties for transaction purposes.

6. Payment Processing: All credit card, debit card, and other monetary transactions occur through a secure online payment processing application.
7. Shipping and Handling: You agree to pay any applicable shipping and handling charges displayed at checkout. We reserve the right to adjust these charges, but you will be notified before purchase. Delivery dates and times are estimates only. Risk of loss or damage to products passes to you upon delivery to the carrier. We address user issues on a case-by-case basis.

XV. Your Responsibilities

You are responsible for maintaining the confidentiality of your account and password. You are fully responsible for all activity under your account. We are not liable for any loss or damage arising from your failure to comply with these terms. If you forget your password, we can send verification and reset instructions to your email address.

You agree to use our services in accordance with all applicable laws and regulations, including export data or software restrictions. If you use mobile services to provide personal information, you understand that you are responsible for safeguarding your mobile device and its credentials.

1. Your Information: You agree to provide accurate, complete, and current information about yourself. Your permission to use our services is personal and non-transferable. You agree to keep your username and password confidential and to exit your account at the end of each session. You are responsible for all activity under your account and for maintaining the confidentiality of your password. You are responsible for promptly changing your password if you suspect it has been compromised. You cannot share your password or create more than one account. You cannot use another person’s account.
2. Security Concerns: Please notify us immediately of any unauthorized use of your username, password, or any other security breach by emailing us at [email protected]. You may be asked to provide additional information to us or healthcare providers for service delivery or prescription fulfillment. You have the right to withhold information, but doing so may limit your use of our services.
3. Information Accuracy: You understand that the quality of healthcare services coordinated through our platform depends on the completeness and accuracy of your provided information. We are not responsible for any consequences due to inaccurate or incomplete information. We have the right to suspend or terminate your account if your information is inaccurate, incomplete, or not maintained, or if we suspect so. We may also take actions deemed necessary to maintain the security of our platform and your user account. We reserve the right to request additional information or documentation to verify the accuracy of your information. You are obligated to cooperate with such requests in a timely manner.
4. Disclaimer: The information and services provided on our website are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.
5. Limitation of Liability: We are not liable for any damages arising out of or related to your use of our website or services, including, but not limited to, direct, indirect, incidental, consequential, or punitive damages.
6. Termination: We may terminate your access to our website and services at any time, for any reason, or for no reason at all, with or without notice.
7. Governing Law: These Terms of Sale are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
8. Dispute Resolution: Any dispute arising out of or relating to these Terms of Sale shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in Boca Raton, Florida.
9. Entire Agreement: These Terms of Sale constitute the entire agreement between you and 360 Health Services, LLC regarding your use of our website and services.
10. Contact Us: If you have any questions about these Terms of Sale, please contact us at [email protected].

 XVI. Restrictions of Use

360 Health Services, LLC (“we” or “us”) grants you access to our website (get-semaglutide.com) and services (“Services”) subject to the following terms and conditions (“Terms”). By using the Services, you agree to comply with these Terms.

What You Can’t Do:

• You may not transmit any unlawful, harmful, harassing, defamatory, threatening, hateful, or otherwise objectionable material through the Services. This includes anything that could damage or delay the Services or other users’ computers, as well as unsolicited advertising or promotional materials.
• Misrepresent yourself or your affiliation with any person or entity.
• Restrict or inhibit anyone from using the Services, disclose personal information obtained from the Services, or collect information about other users.
• Attempt to gain unauthorized access to the Services, other users’ accounts, or any computers or websites connected to the Services.
• Launch or use automated systems to access the Services in a way that overwhelms our servers.
• Send spam, phishing messages, or messages marketing or advertising goods and services.
• Introduce viruses, worms, spyware, or other malicious code that could damage the Services or other users’ devices.
• Violate any applicable laws or regulations.
• Alter or modify any content or services offered through the Services.
• Allow anyone else to use your login information to access the Services.
• Access the Services APIs except through our authorized applications.
• Use the Services for any purpose that violates intellectual property rights, privacy rights, or any other applicable laws or regulations.

Your Username and Password:

• You are responsible for keeping your username and password confidential.
• Do not share your login information with anyone.
• Do not use your login information to allow multiple people to access the Services.

Prohibited Activities:

• You may not use the Services for anyone other than yourself.
• You may not access the Services in a way that violates any laws or infringes on the rights of others.
• You may not “Jailbreak” your mobile device to use the Services.
• You may not commercially exploit the Services or related materials.
• You may not use the Services to create competing products or services.
• You may not take any action that could damage or disrupt the Services.
• You may not bypass any security measures implemented to protect the Services.
• You may not upload or transmit any malicious code that could harm the Services or other users’ devices.
• You may not remove any copyright or other intellectual property notices from the Services.
• You may not use automated tools to access or copy content from the Services without our permission.
• You may not capture, record, share, or retain any video footage or screenshots of the Services for any purpose.

XVII. Licensing:

Subject to your compliance with these Terms, we grant you a personal, limited, revocable, non-exclusive, and non-transferable license to access and use the Services for your personal and non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit the Services or their content for commercial purposes.

XVIII. Limited Healthcare Services

Important Note: The services offered by 360 Health Services, LLC are not a substitute for professional medical advice, diagnosis, or treatment.  Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.

While you may receive a medical consultation and/or prescription through 360 Health Services, LLC, we do not offer medical advice. Creating an account does not establish a patient-provider relationship. Our platform is designed for specific healthcare services and should not be considered comprehensive medical care. In some cases, 360 Health Services may not be the best way to communicate with or seek care from a healthcare provider. For example, your provider may determine an in-person office visit with another available provider is necessary.

If you are experiencing a medical emergency, please dial 911 or your local medical provider.

360 Health Services, LLC is not responsible or liable for any advice, course of treatment, diagnosis, or any other information, services, or products you may obtain from affiliated professionals.

XIX. Telemedicine Consent

Telemedicine uses electronic communication technology to connect patients with licensed healthcare professionals remotely. While telemedicine has potential benefits, it also carries risks.  Please review the full “Telehealth Informed Consent” document which informs you about the treatment methods, risks, and limitations of telemedicine for your health needs.

To receive Healthcare Services, you are required to agree to the Telehealth Informed Consent regarding the use of telehealth. By using the Healthcare Services facilitated by 360 Health Services, LLC, you acknowledge that we are a beneficiary of the Telehealth Informed Consent and have the right to enforce it.

XX. Payments

You understand and agree that you are responsible for all fees associated with 360 Health Services, including any fees charged by healthcare providers. By submitting your information for Healthcare Services, you agree to pay all applicable fees. By entering your payment information, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.

We cannot accept returns of prescription products, and all sales are final.

Please Note: Our affiliated healthcare providers are not in-network with any health insurance plans. You are solely responsible for all fees associated with the Healthcare Services provided, including any fees charged by the healthcare providers. Neither you, 360 Health Services, LLC, nor any healthcare professional can receive payment from insurance programs for the services or products provided. Amounts collected by 360 Health Services, LLC will include fees charged by healthcare providers for Healthcare Services.

Additionally, our services and products typically fall outside the scope of coverage for federal or state healthcare programs. By using our services, you choose to obtain products and services on a cash basis, separate from any federal or state healthcare program.

In the event your payment cannot be processed, you will be notified to provide an alternative payment method. We and the healthcare provider(s) are not obligated to provide services until full payment is received and verified.

By using our services, you agree that neither you, 360 Health Services, LLC, the Labs, Pharmacies, Medical Groups, or Providers will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided.

XXI. Subscription Details

Some products and services on our website (get-semaglutide.com) require a subscription. Subscription fees vary depending on the specific plan you choose.

XXII. Automatic Billing

Some products and services on our website (get-semaglutide.com) require a subscription. Subscription fees vary depending on the specific plan you choose.

XXIII. Cancellations and Refunds

Cancellations: You can cancel your subscription within 30 days of initial enrollment for a full refund of your first month’s fee, provided that you have not received a telemedicine consultation or medication delivery in exchange for your payment. You will lose access to your membership immediately upon cancellation. “Initial enrollment” refers to the first time you sign up for 360 Health Services.

Reactivation with Active Prescription: If you cancel with an active prescription on file, you can reactivate your membership by paying a one-month fee at your previous plan rate. There is no additional reactivation fee.

Cancellation Methods: You can cancel your subscription by emailing [email protected]. Cancellation takes effect at the end of your current subscription period.

Automatic Renewal: Your subscription will automatically renew for another term unless you cancel at least 30 days before the renewal processing date.

Discretionary Refunds: We reserve the right to offer refunds outside these terms on a case-by-case basis. We may also allow subscription pausing for a specified period.

Price Changes: Prices are subject to change without notice, except for orders already accepted.

Single Subscription Price: For user convenience, you will see and pay a single “total” subscription price. However, this price may include:

• Fees for using 360 Health Services
• Pharmacy fees for prescription drugs (if applicable)
• Medical provider fees for provider services (if applicable)

We collect these fees on behalf of and pay them to the respective pharmacies and medical providers.

XXIV. Prescription Products

Certain products offered through 360 Health Services require a valid prescription from a licensed healthcare provider. You cannot obtain a prescription product unless you complete a consultation with a healthcare provider on our platform, the provider deems the product appropriate for you, and issues a prescription.

If a provider determines a prescription product is suitable for you and writes a prescription, 360 Health Services will coordinate dispensing and mailing through a partnered pharmacy. You have the option to use a different pharmacy, but you’ll be responsible for picking up the medication, dealing directly with the pharmacy for cost and payment, and the price may differ from our service.

Please note: Not all pharmacies collaborating with 360 Health Services use child-resistant packaging. Exercise caution when receiving your medication.

Prescription products on our platform are considered “Third-Party Goods and Services” as defined in the relevant section of this agreement.

XXV.    Privacy

360 Health Services understands the importance of confidentiality and privacy regarding your personal information. Please refer to our Notice of Privacy Practices and Privacy Policy for details on how we collect, use, and disclose your information in connection with our services.

XXVI. Intellectual Property

360 Health Services, LLC owns and operates the platform. We grant you a non-exclusive, limited, and revocable right to access and use our services during each paid subscription term you enroll in, provided you comply with these terms. You agree not to use our services for any unauthorized purpose, including commercial applications like co-branding, framing, linking, or reselling any part of our platform without our written consent.

Materials available through 360 Health Services are for non-commercial use and only within the scope allowed by this agreement. You cannot use these materials for any other purpose without our express written permission. Unauthorized use of our content or images may violate copyright, trademark, privacy, publicity laws, and civil or criminal statutes.

Content on 360 Health Services may be derived from copyrighted materials, including the platform’s design and layout. Copyrights belong to 360 Health Services, LLC or licensed content providers. No names, trademarks, service marks, or logos of 360 Health Services or third-parties within our platform may be used for advertising, publicity, or to suggest sponsorship or affiliation with any product or service without our express written permission or that of the third-party.

Nothing on 360 Health Services grants you any license or right to use any trademark displayed on our platform without written permission from 360 Health Services, LLC or the third-party owner. Our platform may contain additional proprietary notices and copyright information that you must follow.

As between you and 360 Health Services, LLC, we are the sole and exclusive owner of all right, title, and interest in 360 Health Services, its content, features, and functionality (including information, software, text, displays, images, video, audio, selection, arrangement, and look and feel), and all intellectual property rights therein. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of 360 Health Services belongs solely to 360 Health Services, LLC or its licensors, including all intellectual property rights. No other right, title, or interest in the platform is transferred to you, and all rights not expressly granted are reserved by us or our affiliates.

XXVII. Third-Party Links and Websites

Our website (get-semaglutide.com) may contain links to other websites (“Linked Sites”) operated by third parties. These links are provided for your convenience only. We have no control over the content or functionality of Linked Sites and do not endorse, sponsor, recommend, or otherwise accept responsibility for them. We are not responsible for the accuracy or reliability of any information, products, or services offered on Linked Sites.

You access and use Linked Sites at your own risk. We are not liable for any content, errors, damage, or loss caused by or in connection with your use of Linked Sites.

XXVIII. Disclaimer of Warranties

We provide our website and services on an “as is” and “as available” basis, without warranties of any kind, express or implied. You access and use our website and services at your own risk.

To the fullest extent permitted by law, 360 Health Services, LLC and any third-party offering products or services through our website (including pharmacies, labs, and healthcare providers) disclaim all warranties and conditions, express or implied, statutory or otherwise. This includes, but is not limited to, warranties of merchantability, non-infringement of third-party rights, satisfactory quality, and fitness for a particular purpose with regard to our website, services, and any information, content, products, or services provided through our website.

We do not warrant or guarantee the accuracy, completeness, reliability, timeliness, or usefulness of our website or services. We also do not warrant that our website or services will function without delays, disruptions, interferences, imperfections, corruption, cyberattacks, viruses, malware, or any other adverse incident.

XXIX. Limitation of Liability

To the fullest extent permitted by law, 360 Health Services, LLC will not be liable for any incidental, indirect, special, exemplary, or consequential damages arising from your use of our website or services. This includes personal or bodily injury, emotional distress, wrongful death, loss of data, lost profits, or damages resulting from the use of or inability to use our website or services.

Any claims arising out of your use of our website or content must be brought within one (1) year of the event giving rise to the claim.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent we may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under applicable law.

In no event shall 360 Health Services, LLC, its affiliates, clients, suppliers, or anyone else involved in creating, producing, or delivering our website or the information, services, and materials contained therein be liable for any damages arising out of your use of, or inability to use, our website or services. This includes any information and content made available through our website or any services performed or products offered by third-parties, regardless of the legal theory used (warranty, contract, tort (including negligence), or any other). It also applies regardless of whether 360 Health Services, LLC has been advised of the possibility of such damages.

Our maximum liability to you will not exceed U.S. $1,000.

You acknowledge and agree that these limitations are essential elements of this agreement and that we would not provide our website or services without them. Please note that some jurisdictions may not allow the exclusion of implied warranties, and therefore some of the above exclusions may not apply to you.

XXX.   Notice

Any notices to you from 360 Health Services, LLC regarding the Service or this Agreement may be made by email, a posted notice on the Service, or regular mail, in the sole discretion of 360 Health Services, LLC.

XXXI.  Indemnification

You agree to defend, indemnify, and hold harmless 360 Health Services, LLC, its clients, its suppliers, any Third-Parties offering products or services through the Service, including the Medical Groups, Providers, Labs, and Pharmacies, and their respective affiliates, employees, officers, directors, agents, servants, shareholders, and representatives of each from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

XXXII.  Modifications to the Sites

360 Health Services, LLC reserves the right at any time and for any reason to place limits upon, modify, suspend, or terminate the Service, or any portion thereof, with or without notice. This suspension or termination may delete your information, files, and other previously available content. If 360 Health Services, LLC terminates the Service or your use of the Service, the following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration; and Class Action Waiver.

You agree that 360 Health Services, LLC shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Sites or the Service generally.

XXXIII. Suspension and Termination of Rights

The Terms will remain in full force and effect as long as you continue to access or use the Service. You may terminate these Terms at any time by discontinuing use of the Service and the Sites. Your permission to use the Service and the Sites automatically terminates if you violate these Terms. We may terminate or suspend any of the rights granted by these Terms and your access to the Sites with or without prior notice, at any time, and for any reason. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration; and Class Action Waiver. Subject to applicable law, 360 Health Services, LLC reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Sites pursuant to its internal record retention or content destruction policies. After any termination, 360 Health Services, LLC will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or required to provide you with continuing care under our applicable legal, ethical, and professional obligations to you.

XXXIV. Governing Law, Dispute Resolution, and Arbitration

Governing Law: These Terms of Use and any disputes related thereto shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. You agree that any legal action or proceeding related to your use of the Service, these Terms, or any matter related to 360 Health Services, LLC, shall be brought exclusively in a state or federal court located in Palm Beach County, Florida.

Dispute Resolution

If a dispute arises between you and 360 Health Services, LLC, we encourage you to contact us at [email protected] to seek a resolution. Most concerns can be quickly resolved through our customer service team. If we are unable to resolve the dispute through informal negotiation, you and 360 Health Services, LLC agree to resolve any dispute arising out of or relating to these Terms, or the breach thereof, through binding arbitration as described below, except that you may assert claims in small claims court if your claims qualify.

Arbitration Agreement

• Arbitration Procedures: Any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Boca Raton, Florida before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction.

• Arbitration Fees: The party initiating the arbitration shall pay any JAMS filing fee, and all other JAMS fees and costs shall be evenly divided between the parties, except where applicable law or the JAMS rules require otherwise.

• Authority of Arbitrator: The arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, including any claim that all or part of this agreement to arbitrate is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

• Class Action Waiver: You and 360 Health Services, LLC agree that any arbitration shall be conducted in your and our individual capacities only and not as a class action or other representative action. You and 360 Health Services, LLC expressly waive your right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

• 30-Day Right to Opt-Out: You have the right to opt-out of this agreement to arbitrate by sending a written notice of your decision to opt-out to the following address: 10042 Spanish Isles Blvd #D1, Boca Raton, FL, or by email to [email protected]. Your opt-out notice must be sent within 30 days of your first use of the Service or the effective date of the first version of these Terms containing an arbitration provision, whichever is later. If you do not opt-out within this 30-day period, you and 360 Health Services, LLC shall be bound by the arbitration provision and class action waiver in these Terms. Opting out of this arbitration provision will not affect any other terms of these Terms of Use.

• Severability: If any provision of this Governing Law, Dispute Resolution, and Arbitration section is found to be unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced.

• Changes to this Section: 360 Health Services, LLC will provide 30 days’ notice of any changes affecting the substance of this Governing Law, Dispute Resolution, and Arbitration section by posting on our website, sending you a message, or otherwise notifying you when you are logged into your account. Changes will become effective on the 30th day, and will apply prospectively only to any claims arising after the 30th day.

• By continuing to use the Service after the effective date of any changes to this section, you agree to be bound by the revised terms. If you do not agree to the revised terms, you may close your account within the 30-day period and you will not be bound by the revised terms.

• For any questions or concerns regarding these terms, please contact us at [email protected].

XXXV. Copyright Infringement

360 Health Services, LLC reserves the right to remove any content or any other material or information available on the Sites at any time, for any reason. 360 Health Services 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 ‎XXXV describes the procedure that should be followed to file a notification of alleged copyright infringement with 360 Health Services.

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

Any notification to 360 Health Services under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information: 

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed; 
2. 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;
3. An identification of the content or material that you claim is infringing and where it is located on the Sites;
4. Information sufficient for 360 Health Services to contact you, such as your address, telephone number, and/or email address;
5. 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
6. 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.

XXXVI. Severability of Provision

All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. You and we agree that if enforcement of any part of this Agreement as written is not possible, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

XXXVII. Third-Party Beneficiaries

Any use of third-party software provided in connection with 360 Health Services, or any Third-Party Goods and Services accessed or used in connection with the Service, will be governed by the applicable third-party’s license or terms of use, and if there is no such license or terms of use, by this Agreement. In addition to this Agreement, your use of 360 Health Services must comply with all applicable third-party terms of agreement, if any. Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of 360 Health Services, the Medical Groups, the Pharmacies, the Labs, and the Providers and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third-party, and, except as specifically set forth in this Agreement, that no third-party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.

XXXVIII. NO AGENCY

Neither this Agreement, nor any Content, materials or features of 360 Health Services create any partnership, joint venture, employment, or other agency relationship between you and 360 Health Services, the Medical Groups, the Providers, the Labs or the Pharmacies. You may not enter into any contract on our behalf or bind us in any way.

XXXIX. ASSIGNMENT 

You may not assign any of your rights under this Agreement, and any such attempt will be null and void. 360 Health Services may, in its sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of 360 Health Services, or to a third-party in the event that some or all of the business of 360 Health Services is transferred to such other third-party by way of merger, sale of its assets, or otherwise.

XL CONTACT INFORMATION

If you have any questions or concerns about this Agreement, please contact us by email at [email protected].