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MEDICAL EMERGENCY: IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY DIAL 9-1-1.
The following Terms of Use (“Terms” or “Agreement”) govern your access to and use of the Zealthy, Inc. (“Zealthy”) website or app (the “Site”) to access professional medical services provided by Bruno Health, P.A. and/or affiliated medical groups (the “Provider(s)”) and all other services (hereinafter the “Services”).
By visiting/accessing the website and/or app, clicking “I agree,” checking a related box to signify your acceptance, using any other acceptance protocol presented through the Site/Service or otherwise affirmatively accepting these Terms, you acknowledge that you have read, accepted, and agreed to be bound by this Agreement, our Privacy Policy (available here on our website), and our HIPAA Notice of Privacy Practices. We may change these Terms from time to time. If you do not agree to these terms and conditions, do not access the Site, create an account, or use the Services. You hereby grant agency authority to any party who clicks on the “I agree” button or otherwise indicates acceptance to these terms and conditions on your behalf.
Zealthy itself does not provide medical care, prescribe medications, or act as a healthcare provider. Zealthy is a technology platform that facilitates connections between independent healthcare providers and patients through synchronous and asynchronous telecommunications technologies. All medical services, including prescriptions and treatment decisions, are provided solely by independent healthcare providers who are not employed by or agents of Zealthy. Zealthy does not guarantee that a prescription will be written or that any particular treatment will be recommended.
NOTICE OF BINDING ARBITRATION: YOUR USE OF THIS SITE AND SERVICES IS SUBJECT TO BINDING INDIVIDUAL ARBITRATION OF ANY DISPUTES WHICH MAY ARISE, AS PROVIDED IN THE SECTIONS BELOW TITLED “DISPUTES” AND “BINDING INDIVIDUAL ARBITRATION”. UNLESS YOU TIMELY OPT-OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND THE PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
NOT FOR USE IN EMERGENCIES
THIS SITE DOES NOT PROVIDE ANY EMERGENCY CARE AND IS NOT A SUBSTITUTE FOR EMERGENCY MEDICAL TREATMENT OR 911 SERVICES. IF YOU OR SOMEONE ELSE HAS A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” OR CONTACT AN APPROPRIATE EMERGENCY RESPONDER. ZEALTHY DOES NOT, AND IS UNDER NO OBLIGATION TO, MONITOR OR RESPOND TO EMERGENCY COMMUNICATIONS. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
We have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on Zealthy’s website and/or mobile applications (collectively, the “Site”). In accordance with our Privacy Policy (available here on our website) and our HIPAA Notice of Privacy Practices, changes to these Terms will not weaken the privacy protections applied to your data or your Protected Health Information without your being notified via a change to these policies.
Any use of the Services after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any Dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that was in place when the Dispute arose.
We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Services or any portion are unavailable at any time or for any period.
Your use of the Services is also subject to any applicable terms, policies or rules that we may post or provide a link to on the Site. As of now, these terms include our Privacy Policy (available here on our website), our HIPAA Notice of Privacy Practices (available here on our website), and our Refunds and Subscriptions Policy (available here on our website).
All such applicable terms, policies, and rules are considered part of these Terms and incorporated by reference.
Zealthy is not a healthcare provider and does not provide medical services or medical advice. When you use the Site and Services, if you decide to proceed with advice or treatment for your health care needs, you will be connected with the Providers (i.e., independent healthcare providers) who will provide you with medical advice and treatment. Those Providers may prescribe medication and other treatments. Zealthy does not control or interfere with the practice of medicine or related healthcare decisions by the Providers, each of whom is solely responsible for directing the medical care and/or treatment they provide to you.
By visiting/accessing the Site and/or utilizing the Services, you acknowledge and agree that Zealthy is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other healthcare provider-patient relationship with Zealthy. Further, we do not control or interfere with any professional service provided by any clinical laboratories or pharmacies with which Zealthy may be affiliated.
Zealthy may include a variety of information and content on our Site, including articles, data, references, videos, interactive community tools and advertising. The information contained in the Site: (i) are for general guidance on matters of interest only and will not be assimilated to or substituted for healthcare advice; and (ii) do not constitute an offer of or solicitation for the purchase of products or services. The Site also contains general information relating to medical and/or healthcare conditions, their treatment, and healthcare services and/or supplies. Additionally, physicians and other healthcare professionals may contribute such information and articles to the Site.
The content of the Site is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. Further, the Site is not intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease.
ALL INFORMATION AND CONTENT IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE, AND IS NOT A SUBSTITUTE FOR, PROFESSIONAL ADVICE PROVIDED BY A PHYSICIAN OR OTHER QUALIFIED AND LICENSED PROFESSIONAL.
ZEALTHY DOES NOT ENDORSE NOR IS IT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS OR TIMELINESS OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE. THE PROVISION OF OPINIONS, ADVICE OR STATEMENTS ON OR THROUGH THE SITE AND ITS FEATURES CONTRIBUTED OR OTHERWISE COMMUNICATED BY A PHYSICIAN OR ANY HEALTHCARE PROFESSIONAL IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO AND DOES NOT CREATE OR OTHERWISE CONSTITUTE A PHYSICIAN-PATIENT OR CLINICIAN - PATIENT RELATIONSHIP.
While we hope you find it helpful, you should not use the information contained herein for diagnosing a health problem, disease or condition or for selecting a specific course of action. Users should not rely on the information on the Site as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns and/or decision making, including decisions about medications, surgery and other treatments, individuals should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. CONSUMERS WHO USE THE INFORMATION FROM THIS SITE DO SO AT THEIR OWN RISK.
It is your responsibility to evaluate the information provided on the Site. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we strongly encourage you to confirm the information contained on our app with other sources before undertaking any course of action based on it. If you are a healthcare consumer, you should evaluate the information together with your physician and/or another qualified healthcare professional.
The information presented is solely intended to demonstrate the breadth of the offerings of Services from Zealthy and the Providers. Services may not be available in all markets because availability is subject to the regulatory practices in individual markets. Please contact Zealthy if you have questions about the availability of Zealthy services in your area.
Our weight‑loss coaches are not all licensed dietitians, nutritionists, physicians, or other state‑regulated healthcare professionals. All information, suggestions, and support they provide are for the purpose of general wellness and behavioral‑change coaching only. The coaching does not diagnose, treat, cure, or prevent any disease, does not constitute “medical nutrition therapy,” and does not replace individualized advice from a licensed healthcare provider. Always seek the guidance of a licensed physician or registered dietitian for questions about a medical condition or before making major dietary changes. By enrolling in this or any other weight loss coaching program, you acknowledge and agree to these limitations referenced herein.
Individuals who register to use the Services are given access to certain products and services sold or offered by Zealthy or by third party medical providers, pharmacies, or other vendors via the Service. Such products and services include access to prescription fulfillment services offered by certain third-party pharmacies (the “Pharmacies”). By using the Service, you understand and agree that you are not entitled or otherwise guaranteed to receive a prescription from one of the Providers or Pharmacies. The Providers will only issue a prescription to a user of the Service if the Provider deems a prescription to be medically relevant and appropriate.
Should a Provider determine a prescription is medically relevant and appropriate for your treatment, you may opt to fill the prescription through the Service with one of the Pharmacies. Please note that should you fill your prescription through the Service, the fees you are charged may be in excess of the actual cost of the medication – costs may include a markup that covers Zealthy and the Providers’ fees, including, without limitation, costs for: (i) costs of visit; (ii) monitoring costs; (iii) other administrative costs; and (iv) reasonable administrative fees and profit. Further, be advised that any prescription filled through the Service will not be billed or covered by your health insurance plan. Alternatively, you may have your prescription transferred to a pharmacy of your choice. Should you choose to send the prescription to an outside pharmacy, please contact us at support@getzealthy.com. If you transfer the prescription to an outside pharmacy, the prescription may be covered by your health insurance plan, depending on the terms of your plan.
Material from this Site is owned, maintained, operated, licensed or controlled by Zealthy. Modification or use of the materials for any other purpose violates intellectual property rights. Except as described otherwise, all materials in this Site are made available only to provide information. Use of this Site is prohibited in connection with any commercial endeavors, except those that are specifically endorsed or approved by us, or where such use is in violation of the applicable laws. As a user of the Site, you agree not to:
Sell or otherwise transfer your profile;
Zealthy reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. Zealthy may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.
Except as may be provided in the Privacy Policy or prohibited by applicable law, Zealthy reserves the right, at all times, to disclose any information as Zealthy deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Zealthy’s sole discretion.
Upon acceptance of these Terms you confirm that you have read, understood, and accepted Zealthy’s Privacy Policy (available here on our website) and our HIPAA Notice of Privacy Practices, as applicable.
You give permission to the Providers to provide telehealth services for you and/or your minor child (as applicable). You may withdraw this consent at any time by no longer accessing the Site or seeking Services.
You understand and agree that as part of providing Services to you, your Protected Health Information (as defined by HIPAA), including test results, may be released to an online personal health record and via communication with Provider’s healthcare team electronically.
You agree that Zealthy may send the following to you by email or by posting them on our Site: legal disclosures, these Terms, the Privacy Policy, the Notice of Privacy Practices, the Refund and Subscriptions Policy, future changes to any of the above and other notices, policies, communications or disclosures and information related to the Services. You agree that Zealthy may contact you via secure messaging, email, phone, text, or mail regarding the Services. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy.
If you later decide that you do not want to receive certain future communications electronically, please send an email to legal@getzealthy.com or a letter to Zealthy, Inc., Attn: Compliance Officer, 30 Irving Pl., Floor 7, New York, NY 10003. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Zealthy. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.
Zealthy 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. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you.
Zealthy may provide you opportunities to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, Google+, YouTube or other similar sites (collectively, “Social Media Sites”). For example, you may use your Instagram handle and tag your photos and postings (“Tagged Content”) with hashtags that we may provide from time to time in order to submit your Tagged Content for potential use on our Site. If you post Tagged Content with hashtags as we may provide from time to time, your activity and participation is governed by these Terms. Additionally, you remain responsible for your compliance with other applicable terms and conditions of those Social Media Sites. Without limitation of any other obligations, you agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission.
Intellectual Property Rights. With the exception of your electronic medical record, the Service and all of its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively referred to as the "Content"), are all proprietary and owned or controlled by Zealthy, our licensors, and certain other third parties. All right, title, and interest in and to the Content available via the Service is the exclusive property of and owned by Zealthy, our licensors or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent or other intellectual property and unfair competition rights and laws to the fullest extent possible.
Zealthy owns the names we use for our products and services on our Site/app, and these names are protected by United States and international trademark laws. All trademarks used on our Site/app and downloadable materials, regardless of the presence or absence of the trademark symbol, are the property of their respective owners. You may use our trademarks for a non-infringing, non-commercial use, such as when discussing us with others, but you must not use our trademarks in a manner that misleads others as to ownership of those marks. Any other uses of our trademarks require our prior written approval. The Service and the information and Content available through the Service are protected by copyright laws throughout the world.
Subject to this Agreement, Zealthy grants you a limited, non-transferable, revocable license to access and use the Service for your personal use. Unless otherwise specified by Zealthy in a separate license, your right to use any of the Service or the Content is subject to this Agreement and all rights in the Service and Content are reserved by Zealthy. You agree that Zealthy and its suppliers own all rights, title, and interest in the Service (including but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation).
The use or misuse of the trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that Zealthy actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Zealthy’s products and processes are covered by one or more patents and are subject to other trade secret and proprietary rights. Zealthy reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of these Terms. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of Zealthy’s products or processes. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service. Zealthy’s stylized name and other related graphics, logos, service marks, and trade names used on or in connection with the Service are the trademarks of Zealthy and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in the Service are the property of their respective owners.
All rights not expressly granted to you in these Terms are reserved and retained by Zealthy and its licensors, suppliers, publishers, rights holders, and other content providers. Accordingly, you may not modify, copy, distribute, reproduce, publish, retransmit, disseminate, rent, lease, loan, sell, publish, broadcast, display, circulate, or use the App, in whole or in part, for any purpose that has not been authorized or approved in writing by Zealthy, including but not limited to commercial purposes.
Nothing contained on the App should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any intellectual property, including without limitation any trademarks, service marks or logos displayed on the Site, without the express written consent of Zealthy or the third-party owner of such intellectual property. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow by using the Site or Service. Additionally, you acknowledge and accept that Zealthy may in its sole discretion delete any information provided by you that it deems to be fraudulent, abusive, defamatory, obscene, or in violation of any intellectual property or ownership rights of any other person or entity.
Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides protection to copyright owners and establishes recourse against copyright infringement. It is our policy not to permit materials known by us to be infringing to remain on this Site. If you believe that material on our Site infringes a third-party copyright, you may send Zealthy a notice of copyright infringement under the DMCA. Upon receipt of a proper notice of claimed infringement, we will respond promptly by removing or disabling access to the material claimed to be infringing that is in our direct control. Please send all notices in writing to: legal@getzealthy.com; or, alternatively, to: Zealthy, Inc., Attn: Compliance Officer, 30 Irving Pl., Floor 7, New York, NY 10003.
Subject to any limitations on Protected Information described in our Notice of Privacy Practices, any information you transmit to Zealthy via the Service, whether by direct entry, submission, email, or otherwise, including data, questions, comments, reviews, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable account settings that you select, you grant Zealthy a fully paid, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Submissions (in whole or in part) as well as your name and/or likeness for the purposes of operating and providing the Service to you and to our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Submissions has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Zealthy, are responsible for all Submissions that you provide to the Service. In addition to the foregoing, Zealthy will have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that Zealthy deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you will have no right of approval and no claim to compensation in connection with the Submission.
If a Submission you make contains Protected Information, Zealthy’s rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law and by Zealthy’s other policies.
The Services may contain links to external apps which allow you to connect your account to applications owned or operated by third parties, including device makers, or may link to other websites that are owned or operated by third parties. Zealthy cannot attest to the accuracy, reliability, currentness, timeliness, or completeness of information on any other website/app – the information provided is entirely the responsibility of the operator of the external website/app visited. Zealthy is not responsible for, and disclaims all liability for, the privacy, security, performance, and service practices of such third parties. Zealthy is not responsible for any content, advertising, products, services or other materials made available on or through any such third party applications or websites. We make the connections and links available to you only as a convenience, and it is your decision whether to connect to third party applications or access third party websites. YOU ASSUME THE SOLE RISK OF ACCESSING SUCH APPS AND/OR PURCHASING OR OTHERWISE UTILIZING SUCH THIRD-PARTY PRODUCTS AND/OR SERVICES.
AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ZEALTHY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES. We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
USE OF THIS SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOREGOING DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZEALTHY OR THROUGH THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ZEALTHY, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL MEET YOUR REQUIREMENTS; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. THIS SITE AND THE INFORMATION AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS. WITHOUT LIMITING THE FOREGOING, ZEALTHY, ITS SUBSIDIARIES, ITS AFFILIATES, ITS LICENSORS, ITS SERVICE PROVIDERS, AND ITS SUPPLIERS, OR ITS AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES AS TO EITHER: (1) THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE APP’S INFORMATION, CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE APP; OR (2) THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS, MEDICAL DEVICES, SPECIFIC MEDICAL TECHNOLOGY, MEDICAL TREATMENT OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE INFORMATION AND CONTENT CONTAINED ON THE APP.
ZEALTHY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZEALTHY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOUR USE OF ZEALTHY’S SITE AND/OR SERVICES IS AT YOUR OWN AND SOLE RISK.
IN NO EVENT WILL ZEALTHY OR ITS SUBSIDIARIES OR AFFILIATES, OR ITS AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY LOSS OR INJURY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR OTHERWISE RESULTING FROM YOUR USE OF THE SITE AND ITS FEATURES, INCLUDING, WITHOUT LIMITATION, WITH REGARD TO ANY OMISSIONS, ERRORS OR INACCURACIES OF INFORMATION AND CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR THAT MAY RESULT FROM ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED THROUGH THE SITE. IN NO EVENT SHALL ZEALTHY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, ECONOMIC LOSS, PERSONAL INJURY, ILLNESS OR DEATH OR LOSS, LIABILITY OR DAMAGE OF ANY KIND, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICE OR ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZEALTHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND ANY OF ITS SERVICE IS TO STOP USING THE SITE OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF ZEALTHY PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR THE MATERIALS ON THIS SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
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 THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT OUR LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact support@getzealthy.com with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and Zealthy, including its Providers, processors, suppliers or licensors or their respective affiliates, agents, directors or employees, are defined for the purposes of these Terms to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Zealthy including, but not limited to, any claims relating in any way to these Terms (including its breach, termination, or interpretation), any other aspect of our relationship, Zealthy advertising, and any use of Zealthy services.
You agree to defend, indemnify, and hold Zealthy and any third parties offering products or services through the Service harmless 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 other agreements/policies of Zealthy’s, 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.
You and Zealthy agree to arbitrate any and all legal claim, dispute or other controversy between you and Zealthy (or any third party or Provider providing products and/or services through the Service) arising out of or otherwise relating in any way to Zealthy, the Site, the Service or any other goods, services and/or advertising by Zealthy (or any Third Parties providing products and/or services through the Service).
ANY ARBITRATION UNDER THIS AGREEMENT WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST ZEALTHY. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by JAMS, according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in New York, NY, unless prohibited by applicable law, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Zealthy will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Zealthy also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in Florida.
Initiating Arbitration
In the event a Dispute arises between us, Zealthy is committed to working with you to reach a reasonable resolution. You and Zealthy agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and we therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which will occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to us that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@getzealthy.com or regular mail to our offices located at Zealthy, Inc., ATTN: Compliance Officer, 30 Irving Pl., Floor 7, New York, NY 10003. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a detailed description of your Dispute. We will provide notice to your address on file. The Informal Dispute Resolution Conference will be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.
If you and we are unable to resolve a Dispute within thirty (30) days after the applicable Informal Dispute Resolution Conference, either party may commence arbitration.
Waiver of Jury Trial
YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU AND WE AGREE THAT, EXCEPT AS SPECIFIED HEREIN, ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS.
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST ZEALTHY.
Opt-Out
You can opt out of the provisions of this Arbitration Agreement that require the arbitration of Disputes within thirty (30) days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with Zealthy (or any Third Party that provides products/services via the Service). To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with the applicable party to: Zealthy, Inc., 30 Irving Pl., Floor 7, New York, NY 10003, ATTN: Arbitration Opt-Out. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us or any other Zealthy Parties.
Invalid Provisions
Except as provided above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
If you contact Zealthy and request information about our programs or services, we will use your email or postal address to provide the information you requested. You agree that we may use and share information you provide us as described in our Privacy Policy and our Notice of Privacy Practices.
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one (1) year after the cause of action accrues.
You may not assign any rights or obligations under this Agreement without Zealthy’s prior written consent. Zealthy may assign all or part of this Agreement. All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to, the recitals, notices and limitation of liability clauses, shall survive. No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Neither this Agreement, nor any Content, materials or features of the Site create any partnership, joint venture, employment, or other agency relationship between you and Zealthy or any of the Third Parties that provide products/services for the Site. You may not enter into any contract on our behalf or bind us in any way.
Any use of third-party software provided in connection with the Site or Service, 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, if any, and if there is no such license or terms of use, by this Agreement. In addition to this Agreement, your use of the Service 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 Zealthy (or any Third Parties that provide products/services through the Service) 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 will have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.
Parties other than Zealthy, including Providers and pharmacies provide services or sell products through the Site (collectively, “Third Parties”), and Zealthy may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and any interactions with Third Parties, 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 Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.
You agree that Zealthy shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the App or any Service, including any Third-Party Goods and Services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other User or any other entity or individual, you understand and agree that Zealthy is under no obligation to become involved in such dispute, and you hereby release and indemnify the Providers and Zealthy, and their respective corporate parents, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Zealthy Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Certain of Zealthy shareholders, directors, officers, employees, contractors or agents may have a financial interest in one or more Third-Parties, and may profit from your use of the Third-Parties and/or the sale of Third-Party Goods and Services to you.
Zealthy may terminate your use of the Site or Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if any or all of the agreements between Zealthy (or Zealthy Parties) terminate or if we discontinue the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues will survive any such termination or any other termination of this Agreement or your relationship with Zealthy. You agree that if your use of the Site or Service is terminated pursuant to this Agreement, you will not attempt to use the Site or Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all Zealthy Parties harmless from any and all liability that any such Zealthy Parties may incur with respect thereto.
Except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to health records), we have no obligation, whether before or after the termination of your use of the Service, to return or otherwise provide to you or any third party on your behalf any Content, any information you provide to us, any information your Providers provided to us about or relating to you, or any other information that we may have that relates to you.
Zealthy reserves the right to monitor general use of the Site and Services at any time as it deems appropriate and to remove any materials that, in Zealthy’s sole discretion, may be illegal, may subject Zealthy to liability, may violate this Agreement, or are, in the sole discretion of Zealthy, inconsistent with Zealthy’s purpose for the Service.
The Telephone Consumer Protection Act (TCPA) requires consumers to provide express consent to receive certain types of automated communications on their mobile device(s) (e.g., autodialed telemarketing/advertising text messages or phone calls). Similar laws protect your email account.
Most calls/emails/text messages that we send you DO NOT require TCPA or other consent. For example, if we call you or text you for an appointment reminder, that does not generally require TCPA consent. We endeavor, though, to provide you with relevant and interesting communications, by phone, text, and email. Because we may contact you on a variety of matters, including in ways that could arguably require you to “opt-in” or consent, we are asking for your consent to avoid any future confusion. For example, without limitation, our billing and billing-related vendors may contact you regarding your bill or a debt or we (or one of our vendors) may contact you to enroll you in programs we might offer.
You do not have to consent to receive telemarketing/advertising communications. But, by providing us with your phone number and email, and by registering as a user, you are providing us with the additional consent/permission to do the following:
The foregoing consent is only necessary for certain limited types of communications. We reserve the right to communicate with you in any manner that is allowable/does not require consent, even if you revoke your permission for us to communicate to you in a manner that does require consent. Message/data rates may apply. Your agreement is not a condition of utilizing the Site or Zealthy’s Services. You understand that you may opt-out/revoke your consent at any time by emailing legal@getzealthy.com.
The CAN-SPAM Act sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and sets forth penalties for violations. The CAN-SPAM Act applies to “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.” We collect your email address in order to:
Send information;
To be in accordance with CAN-SPAM we agree to the following:
Except as expressly provided in these Terms, these terms are a complete statement of the agreement between you and Zealthy, and they describe the entire liability of Zealthy and its vendors and suppliers and your exclusive remedy with respect to your access and use of this Site. It may not be modified except as described elsewhere in this Agreement. In the event of a conflict between these Terms and any other Zealthy agreement or policy, these Terms shall prevail on the subject matter of these Terms. If any provision of these Terms is invalid or unenforceable under applicable law, then such provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced with a valid, enforceable provision that most closely matches the intent of the original provision.
If you have any questions or concerns about this Agreement, please contact us at:
We will attempt to respond to your questions or concerns promptly once we receive them.
Consent
I AGREE
By clicking “I Agree,” checking the agreement box or a related box to signify my acceptance, using other acceptance protocol presented through the Website, App or Service, or otherwise indicating acceptance, I, _______________________________, acknowledge that I have read, understand and agree to the Terms and consent to receive telehealth services.
I acknowledge and understand that I will digitally receive a copy of the Terms (you have the ability to print, PDF, copy/paste, or screenshot a copy of the Terms).