Options Health Coach Terms and Conditions – Terms and Conditions

Welcome to the Options Medical Weight Loss Health Coach Mobile App (the “App”). These Terms of Service (the “Agreement”) are a legally binding contract between you (“you,” “your,” “yours”) and Options Medical Weight Loss (“Options Medical,” “we,” “our,” “ours,” “us”), and provide the terms and conditions for your use of the App and its services. By using the App, you agree to the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, you are not permitted to use the App.

DO NOT USE THE APP WHILE DRIVING OR IN THE EVENT OF AN EMERGENCY. THE APP IS INTENDED FOR ASSISTING WITH YOUR GENERAL WELLNESS AND IS NOT INTENDED TO PROVIDE ANY MEDICAL DIAGNOSIS OR TREATMENT. ANY DATA OR INFORMATION PROVIDED FROM OR THROUGH THE APP IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR HEALTH CARE PROVIDER IMMEDIATELY.  

We provide you access to the App to use it to track your general health and wellness data. You can only use the App for personal purposes, and only in conjunction with an Options Medical weight loss program. When your weight loss program with Options Medical terminates, you are no longer permitted to use the App.

The App is able to sync with health data-gathering devices that are compatible with Apple Healthkit. Such devices may be designed to collect certain aspects of your health data such as weight, body fat percentage, and blood pressure. Options Medical may make the App compatible for connection via Bluetooth with additional government-regulated or consumer-grade devices in its sole discretion. When you connect any device to the App, any data the device captures about you may be uploaded to the App. You agree that the App can receive, process, and store any of your personal data that is available on any device you connect to the App.

If you use the Apple Health app, the Options Medical Health Coach App can retrieve your health data like weight, steps, and blood pressure, from Apple. By choosing to connect your Apple Health account with the Health Coach App, you give Options Medical permission to access your health data from the Apple Health app. However, Options Medical is not responsible for how Apple handles your data and we will only interact with the Apple Health app in a manner authorized by Apple. You should review Apple’s terms and conditions and privacy policy for its Health app for more details. For clarity, personal data collected by the Options Medical Health Coach App will not be sent to the Apple Health app.

Options Medical is not responsible for any inaccuracies in the data provided by any device or third-party software application, nor does Options Medical have any duty, responsibility, or obligation to retrieve any particular data set, data type, or data category from any device, software application, or service.

The App may link you to one or more Options Medical websites or web services where you can make purchases or schedule appointments. All purchases made through Options Medical’s websites or through the App, where and when applicable, will be made through a third-party e-commerce provider, Shopify, and all debit and credit card payments will be processed by a third-party payment processor, Stripe. Appointment scheduling is performed via Zenoti. Options Medical is not responsible for any issues or disputes you may have related to third-party services such as Shopify, Stripe, and Zenoti. Shopify, Stripe, and Zenoti may have separate terms and conditions that apply to the use of their services which you should read and understand.

Depending on the Options Medical weight loss program you have signed up for, you may have access to only certain features and functionality of the App. Some features and functionality may be available only to users who have signed up for specific membership programs. Please talk with your local Options Medical support team for more information.

This Agreement incorporates the Options Medical Privacy Policy and HIPAA Notice of Privacy Practices. By using the App, you agree to our Privacy Policy, which explains how we collect, use, and protect your personal information. For more details on how we protect your information, please read our Privacy Policy, which also includes our HIPAA Notice of Privacy Practices.

All content, features, functionality, software, graphics, designs, text, trademarks, service marks, logos, and other materials (collectively, the “Intellectual Property”) available through the App are the exclusive property of Options Medical, its licensors, or its content providers and are protected by copyright, trademark, and other intellectual property laws.

You acknowledge and agree that, except for the limited access granted to you to use the App in accordance with this Agreement, you have no right, title, or interest in or to any of the Intellectual Property. You further agree not to copy, reproduce, modify, distribute, transmit, display, perform, or otherwise exploit any part of the App or its content without the express written permission of Options Medical.

Options Medical retains all rights, title, and interest in and to the App, including all updates, modifications, enhancements, and customizations made to it, and all associated intellectual property rights. No rights are granted to you other than those expressly provided in this Agreement.

THE APP IS PROVIDED ON AN “AS IS,” “WHERE AVAILABLE” AND “AS AVAILABLE” BASIS.  USE OF THE APP AND OUR SERVICES IS AT YOUR OWN RISK.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPTIONS MEDICAL DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APP AND SERVICES (INCLUDING ANY PAID SERVICE), WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, NON INFRINGEMENT, AND TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPTIONS MEDICAL OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, OPTIONS MEDICAL, ITS OWNERS, SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IN THE APP IS ACCURATE, RELIABLE, OR CORRECT; THAT ANY SERVICES WILL MEET YOUR REQUIREMENTS; THAT ACCESS TO THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT OPTIONS MEDICAL DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE APP AND ANY SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS.  ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP OR SERVICES IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you.  The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.  All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Options Medical and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, licensees, suppliers, and service providers, and their respective successors and assigns.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY OPTIONS MEDICAL ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY OPTIONS MEDICAL OR THIRD PARTIES IN CONNECTION WITH THE APP OR APPLICABLE PRODUCTS OR SERVICES.

Access to, and use of, the App is a courtesy that Options Medical provides to its patients. You agree and understand that Options Medical can terminate your access to the App at any time for any reason, including if you violate these terms or fail to make a payment under the applicable Options Medical program. If we end your access, you must stop using the App immediately. In the event that Options Medical ends your access to the App, Options Medical reserves the right, in its sole discretion, to make your personal information available to you for a limited period of time for download. Otherwise, Options Medical will delete your personal information according to the Privacy Policy and HIPAA regulations.

We are not responsible for any damages that happen as a result of your use of the App, use any of our services, or your use of the devices you connect to the App. If you are not satisfied with the App, your only option is to stop using it.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPTIONS MEDICAL, INCLUDING ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, LICENSORS, AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF OPTIONS MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OPTIONS MEDICAL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, OR YOUR USE OF THE APP, EXCEED THE AMOUNT YOU PAID FOR ACCESS TO THE APP, IF ANY, IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT, AND IN THE ABSENCE OF SUCH LIMITATIONS AND EXCLUSIONS, OPTIONS MEDICAL WOULD NOT HAVE PROVIDED ACCESS TO THE APP OR SERVICES.

You agree to indemnify, defend and hold Options Medical Weight Loss harmless from any legal claims, damages, or liabilities of an kind that happen because of your use of the App, including attorney fees and court costs at both the trial and appellate court levels. This includes any problems caused by your violation of these terms.

These terms are governed by the laws of Florida. If there’s a dispute arising out of this Agreement or your use of the App, you agree that it will be settled by binding arbitration in St. Petersburg, Florida, and in accord with the rules of the American Arbitration Association, after you and Option Medical have worked toward a resolution of the dispute for at least sixty (60) days. This Agreement, along with our Privacy Policy and HIPAA Notice of Privacy Practices, is the complete understanding between you and Options Medical about your use of the App. Neither you nor Options Medical may waive any of the rights, obligations, or duties of this Agreement, nor may any portion of this Agreement be amended excepted by a writing signed by both you and Options Medical. If Options Medical makes updates or other changes to this Agreement, we’ll ask you accept those updates or changes either through the App, or by other reasonable means.