Element Health & Wellness Terms of Use

Agreement to Terms of Use

Your access to the Element Health & Wellness, LLC (“Element Health & Wellness”) mobile applications and website (“Element Health & Wellness Digital Services”) is subject to the Element Health & Wellness, LLC Privacy Policy,  HIPAA Privacy, and these Terms of Use.

BY USING ELEMENT HEALTH & WELLNESS DIGITAL SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE ELEMENT HEALTH & WELLNESS DIGITAL SERVICES.

Element Health & Wellness may change, modify, add or remove portions of these Terms of Use, at any time. You should periodically check these Terms of Use for changes. Your continued use of Element Health & Wellness Digital Services following the posting of any changes to these Terms of Use will mean that you accept and agree to such changes. As long as you comply with these Terms of Use, Element Health & Wellness grants you a personal, non-exclusive, non-transferable, limited privilege to access and use Element Health & Wellness digital services.

 

Content

All information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”), including but not limited to the selection, coordination, arrangement and enhancement of such Content, contained on Element Health & Wellness Digital Services is owned, controlled or licensed by or to Element Health & Wellness, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of Element Health & Wellness Digital Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Element Health & Wellness’s express prior written consent.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.

Health-Related Content

Any health-related Content residing on Element Health & Wellness Digital Services describes general principles of health care that should not be construed as specific instructions for individual patients. It is not intended as a substitute for a consultation with your physician, and should not be used to diagnose or treat a health problem without consulting your physician. It is for reference only and should not be used to determine treatment for specific medical conditions—only a health care provider can do that. Element Health & Wellness Digital Services and their health-related information and resources are not intended and must not be taken as the rendering of medical, nursing or professional health care advice or services, or the practice of medicine, nursing or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin or supplement discussed on this Digital Experience.

You understand and agree that in no event will Element Health & Wellness be liable for any decision made or action taken in reliance on the information contained on, or accessible through, the Element Health & Wellness Digital Services. Reliance on any information provided by, or otherwise appearing on, the Element Health & Wellness Digital Services is solely at your own risk.

Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a new diet, fitness or supplement regimen. If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately.

Links to Third Party Sites

Element Health & Wellness Digital Services may contain links to other independent third-party web sites. Element Health & Wellness provides these links for your reference only. Element Health & Wellness does not control these web sites, and Element Health & Wellness is not responsible for, and does not endorse, their content and resources or any services offered through such third-party web sites.

Privacy

Please review our Privacy Policy which also applies to your use of Element Health & Wellness Digital Services.

Electronic Communications

When you use Element Health & Wellness Digital Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices within the Element Health & Wellness Digital Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Telephone Counseling Waiver

By accepting these terms you indicate that you do not wish to be contacted by telephone for medication counseling. You will be able to contact a licensed pharmacist at any time to ask questions about your medications via telephone or text message at 212-675-3900, e-mail help@Element Health & Wellnesscares.com, or live chat from Element Health & Wellness’s services.

Element Health & Wellness may from time to time contact you via telephone without your prior consent at its sole discretion.

Your Conduct

You must be at least 18 years of age to use Element Health & Wellness Digital Services. You agree not to interrupt or attempt to interrupt Element Health & Wellness Digital Services’ operation or any other person’s use of Element Health & Wellness Digital Services in any way. Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other user to enjoy Element Health & Wellness Digital Services will not be permitted, including by means of hacking or defacing any portion of Element Health & Wellness Digital Services, or by engaging in password “mining,” spamming, flooding or other disruptive activities.

You may not use Element Health & Wellness Digital Services or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Element Health & Wellness or others. You are prohibited from posting on or transmitting through Element Health & Wellness Digital Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent or racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Element Health & Wellness Digital Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of Element Health & Wellness Digital Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Element Health & Wellness Digital Services.

Element Health & Wellness reserves the right to terminate or suspend your access to and use of Element Health & Wellness Digital Services without notice, if we believe, in our sole discretion, that it is in violation of these Terms of Use or any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party.

Accounts, Passwords and Security

Certain information or services offered on or through Element Health & Wellness Digital Services may require you to create an account (including setting up a User ID and password). You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access Element Health & Wellness Digital Services using your account or User ID. Element Health & Wellness cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

For your account, you agree to provide true, accurate, current and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of Element Health & Wellness Digital Services. Because any termination of your access to Element Health & Wellness Digital Services may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or Element Health & Wellness Digital Services. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or Element Health & Wellness Digital Services.

By using Element Health & Wellness Digital Services, you also acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Digital Experience may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Your account Information and certain other information about you is subject to our Privacy Policy

Wireless Phone Policy

By providing your wireless phone number to Element Health & Wellness, you expressly consent to Element Health & Wellness calling you at this phone number—in person or through an automated system.

 

Disclaimers

ELEMENT HEALTH & WELLNESS DOES NOT PROMISE THAT ELEMENT HEALTH & WELLNESS DIGITAL SERVICES OR ANY CONTENT, SERVICE OR FEATURE THEREOF WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF ELEMENT HEALTH & WELLNESS DIGITAL SERVICES WILL PROVIDE SPECIFIC RESULTS. ELEMENT HEALTH & WELLNESS DIGITAL SERVICES AND CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ELEMENT HEALTH & WELLNESS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

ELEMENT HEALTH & WELLNESS DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE INFORMATION, SERVICES, PRODUCTS, MATERIALS AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THIS DIGITAL EXPERIENCE, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

ELEMENT HEALTH & WELLNESS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE DIGITAL EXPERIENCE AND/OR ANY ELEMENT HEALTH & WELLNESS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE DIGITAL EXPERIENCE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ELEMENT HEALTH & WELLNESS FOR DISSATISFACTION WITH THE DIGITAL EXPERIENCE OR ANY CONTENT IS TO STOP USING THE DIGITAL EXPERIENCE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of or use, whether for breach of contract, tort, negligence or any other cause of action.

Element Health & Wellness reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to Element Health & Wellness Digital Services, or any portion of thereof, for any reason; (ii) to modify or change the Element Health & Wellness Digital Services, or any portion of thereof, and any applicable policies or terms; and (iii) to interrupt the operation of the Element Health & Wellness Digital Services, or any portion of thereof, as necessary to perform routine or non-routine maintenance, error correction or other changes.

 

Limitations of Liability

IN NO EVENT WILL ELEMENT HEALTH & WELLNESS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE ELEMENT HEALTH & WELLNESS DIGITAL SERVICES, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM ELEMENT HEALTH & WELLNESS DIGITAL SERVICES (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ON ELEMENT HEALTH & WELLNESS DIGITAL SERVICES; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ELEMENT HEALTH & WELLNESS DIGITAL SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE DIGITAL EXPERIENCE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF ELEMENT HEALTH & WELLNESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU.

If, notwithstanding the other provisions of these Terms of Use, Element Health & Wellness is found to be liable to you, any liability on the part of Element Health & Wellness will not exceed the fees paid by the user for the particular information or service provided. Element Health & Wellness is not liable for the unauthorized use of our Content by any other web sites.

Indemnification

You agree to indemnify and hold Element Health & Wellness, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Element Health & Wellness by any third party due to or arising out of or in connection to your violation of these

Terms of Use, or with your use of this Digital Experience.

Governing Law; Choice of Forum; Dispute Resolution

If any part of these Terms of use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms of Use, all of which remain in full force and effect. You agree that all matters, including all disputes, relating to your access to or use of Element Health & Wellness information or services or of the Digital Experience, including its Contents, will be governed by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts for New York County, New York, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Element Health & Wellness and you arising out of or in connection with your access to or use of Element Health & Wellness information or Element Health & Wellness Digital Services, including its Contents, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Feedback and Information

Element Health & Wellness welcomes your feedback. Any feedback you provide through Element Health & Wellness Digital Services will be deemed to be non-confidential. Element Health & Wellness will be free to use such information on an unrestricted basis.

Copyright Infringement Complaints

Element Health & Wellness respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on Element Health & Wellness Digital Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

 

3. identification of the URL or other specific location on the Digital Experience where the material that you claim is infringing is located;

 

4. your address, telephone number and e-mail address;

 

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

 

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Our agent for notice of claims of copyright infringement on the Site can be reached by mail as follows:

 

Element Health & Wellness

 

4225 Office Parkway

Suite 200
Dallas, TX 75204
Attn: Copyright Agent

 

General Information

Element Health & Wellness may elect to monitor areas of Element Health & Wellness Digital Services by electronic or other means and may disclose any Content, records, Submissions or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate Element Health & Wellness Digital Services; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors or merchants. We are not responsible for screening, policing, editing or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such

Content from Element Health & Wellness Digital Services.

Element Health & Wellness’s failure to insist upon strict performance of any provision of these Terms of Use and policies will not be construed as an implicit waiver of any provision or right. These Terms of Use and policies constitute the entire agreement between you and Element Health & Wellness governing your use of Element Health & Wellness Digital Services. As stated above, your use of this site is also subject to our Privacy Policy

Questions or Additional Information

Email: help@elementhealthandwellness.com

 

Mailing Address:

4225 Office Parkway

Suite 200

Dallas, TX 75204

Customer Support: 

The information contained in this web site is subject to change without notice. Copyright 2019 Element Health & Wellness, PLLC. All rights reserved.

Last updated on January 7, 2019

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 TERMS OF USE   PRIVACY POLICY   HIPAA POLICY