Slimbody Terms and Conditions
Last revised August 1, 2024
Slimbody, LLC (“Slimbody,” “we,” “us,” or “our”) owns and operates an online telehealth platform through which users may connect with licensed providers to obtain clinical treatment related to weight loss, diabetes, and other conditions. These Terms and Conditions govern your access to and use of our Services (as defined below) and to the website located at slimbody.com and any other U.S. websites on which we post these Terms and Conditions (collectively, the “Slimbody Platforms”).
Please review these Terms and Conditions carefully. By accessing or using the Slimbody Platforms or our Services, you accept and agree to be bound by these Terms Conditions and by our Privacy Policy. If you do not agree to be bound by these Terms and Conditions, you are not authorized to access or otherwise use the Slimbody Platforms or our Services and you must promptly exit the Slimbody Platforms and stop using our Services.
In these Terms and Conditions, the terms “you” and “your” means you, as the user of the Slimbody Platforms and our Services, your dependents (if any) who access the Slimbody Platforms and our Services, any other person(s) accessing your User Account (as defined below).
IMPORTANT NOTICE: THESE TERMS AND CONDITIONS ARE SUBJECT TO A WAIVER OF CLASS ACTION RIGHTS AND THE RIGHT TO A JURY TRIAL AS DETAILED IN THE DISPUTE RESOLUTION SECTION BELOW (SECTION 13). SUCH A WAIVER REQUIRES YOU AND SLIMBODY, LLC AND/OR ITS AFFILIATES AND SUBSIDIARIES TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS AND THROUGH FINAL AND BINDING ARBITRATION. PLEASE READ CAREFULLY.
1. Description of Services
The services offered through the Slimbody Platforms (collectively, the “Services”) include:
- Access to personalized weight loss treatment and services provided by appropriately licensed third-party clinicians, including, but not limited to, clinicians affiliated with OpenLoop (the “Providers”). The clinical services provided via the Slimbody Platforms by the Providers are referred to herein as the “Telehealth Services”; and
- Regular monitoring of care and progress tracking.
Slimbody Does Not Provide Medical Care or Advice.
Slimbody does not provide medical services, including via the Slimbody Platforms. Slimbody operates the technology platform through which you can connect with Providers who render the Telehealth Services and through which you may also be able to receive other available Services. The Providers who render the Telehealth Services through the Platform are engaged by OpenLoop, not by Slimbody. The Providers use their own independent professional judgment when rendering the Telehealth Services. By accepting these Terms and Conditions, you acknowledge and agree that Slimbody is not a health care provider and that by using the Services you are not entering into a provider-patient relationship with Slimbody. By using the Services you may, however, be entering into a provider-patient relationship with the one or more Providers. Slimbody does not make any representations or warranties about the training or skills of the medical groups or any of the individual Providers who deliver Telehealth Services via the Slimbody Platforms. You are ultimately responsible for choosing to receive the Telehealth Services from a Provider made available to you through the Slimbody Platforms. Further, Slimbody does not control or interfere with any professional services provided by any third parties including the laboratories and pharmacies. Each of these third parties is solely responsible for its provision of any professional services rendered via the Slimbody Platforms.
Slimbody provides administrative, payment, technological, and other supportive non-clinical services for the Providers, but Slimbody does not own or have any ownership interest in the medical groups and, likewise, the medical groups do not own or have any ownership interest in Slimbody. The Providers, and not Slimbody, are responsible for the quality and appropriateness of the Telehealth Services they render to you via the Slimbody Platforms. Any clinical advice received from a Provider via the Slimbody Platforms comes from the Provider alone and does not come from Slimbody. The content found on the Slimbody Platforms, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical or psychological advice, diagnosis, treatment, or recommendations of any kind by Slimbody.
Personal Information Provided by Users
Telehealth involves the delivery of health care services using electronic communications, information technology or other means between a health care provider and a patient who are not in the same physical location. To receive the Telehealth Services, you must agree to the Telehealth Informed Consent form, which provides a description of the risks and benefits of telehealth, and constitutes your voluntary authorization to the rendering of Telehealth Services by the medical groups and Providers on the Platform. The Telehealth Informed Consent is hereby incorporated into these Terms and Conditions by reference and constitutes a part of these Terms and Conditions. You agree that Slimbody is a third party beneficiary of the Telehealth Informed Consent and that Slimbody has the right to enforce the terms of the Telehealth Informed Consent against you.
To access the Telehealth Services, you must register for an account on the Slimbody Platforms. You must provide certain information, such as your name, date of birth, and email address in order to create the account. You will then be asked a series of screening questions about your medical history and status. Please note that the Telehealth Services are only available to users who meet certain criteria. Provided you meet the criteria, you will then be asked to select your preferred weight loss medication. Please note that there is no guarantee you will be prescribed your preferred medication, or that you will be prescribed any medication at all.
Assuming you meet the criteria for the Telehealth Services, you will then be assigned an available Provider licensed in your state. Slimbody does not participate in the process through which you are assigned a Provider, nor does Slimbody participate in any of the interactions between you and a Provider.
Your Provider will first review your medical history information provided via the SlimbodyPlatforms. At that point, your Provider may determine that you are not eligible for the Telehealth Services based upon the information provided. The Telehealth Services may be synchronous or asynchronous, depending on the requirements applicable in the state in which you are located.
Slimbody does not have any control over the quality, reliability, legality, integrity, authenticity, accuracy, appropriateness, provision, or failure to provide, or responsiveness of any clinical information provided by or to a Provider. You should contact your Provider directly for any questions regarding your care or medical treatment. Slimbody shall not in any way be liable for any Telehealth Services or other services or advice provided to you by a Provider. Your reliance on any Provider or information delivered by a Provider via the Slimbody Platforms is solely at your own risk and you assume full responsibility for all risks associated herewith.
You have the right to file a complaint relating to the care provided by a Provider by contacting the professional licensing board in the state where the care was received.
Always seek the advice of a physician or other qualified health care prescriber concerning questions you have regarding a medical condition and before stopping, starting, or modifying any course of treatment or medication. Please be aware that the Services, including the Telehealth Services and the delivery of any medications prescribed through the Services, will cease being provided immediately at the termination of your Subscription to access the Slimbody Platforms.
When appropriate, the medical groups and/or the Provider(s) may request your cooperation in obtaining records or other information from your other health care providers (current or previous) to assist the medical groups and/or the Providers in providing the best care for you. This may include requesting that you sign a release and/or authorization allowing the medical groups and/or Providers to speak to other health care providers on your behalf.
The Services are not for emergencies.
IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL OR PSYCHIATRIC EMERGENCY, CALL 911 IMMEDIATELY. If you are thinking about suicide or if you are considering taking actions that may cause harm to yourself or others, call the National Suicide Prevention Hotline anytime at 988 or go to the nearest emergency room. You can also use the 24/7 Crisis Text Line by texting “HOME” to 741-741.
Slimbody’s Platforms and Services, including the Telehealth Services, are not appropriate for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Slimbody Platforms. You should seek emergency care or follow-up care when recommended by the medical groups and/or a Provider, or whenever otherwise needed. You should continue to consult with your primary care physician and other health care professionals as recommended.
2. Eligibility and Platform Requirements
No Users Under 18 Years Old.
Only users who are eighteen (18) years of age or older, and who have accepted these Terms and Conditions, may access the Slimbody Platforms and/or Services. By visiting, accessing, registering with, or using the Slimbody Platforms, or by purchasing or using any of the Services through the Slimbody Platforms, you are representing and warranting to Slimbody that you are a natural person and of eighteen (18) years of age or older. If you are under the age of eighteen (18), please do not attempt to access the Slimbody Platform(s), to register for our Services, or to provide any personal information about yourself to us.
Eligibility for Telehealth Criteria.
Note that not all users will be eligible for the Telehealth Services. The availability of the Telehealth Services depends on a user’s medical history and status.
Your Device Functionality.
You are responsible for obtaining and maintaining your device, software, operating system, carrier, and network access necessary to properly access and use the Services. Slimbody does not guarantee that the Slimbody Platforms or any portions thereof will function on or in connection with any particular device, software, operating system, carrier, or network. Slimbody will have no liability for errors, unreliable operation, or other technical issues resulting from use of the Slimbody Platforms, on or in connection with rooted or jail broken devices, or in connection with use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system. All rate and data fees of your device’s carrier apply to your use of the Slimbody Platforms and the Services. Slimbody is in no way responsible for your device carrier’s rates and data fees, where applicable.
3. User Account
Registration.
To access the Services on the Slimbody Platforms, you must first create a personal user account through the Slimbody Platforms (a “User Account”). To create a User Account, you must accept and agree to these Terms and Conditions. You may be required to satisfy certain conditions precedent imposed by Slimbody including, for example, providing additional information to Slimbody, or entering into additional agreements with Slimbody and/or its third party affiliates. You may only have one (1) User Account. A User Account is not transferable between individuals.
User Account Activity and Responsibility.
You agree that all information you submit to Slimbody to create your User Account, including but not limited to your name, date of birth, address, phone number, and/or email address, is truthful, accurate, and complete, and you shall maintain the accuracy and completeness of the information associated with your User Account. You will be required to select a password to access your User Account. Your User Account is personal to you, and you are solely responsible for maintaining the confidentiality of the credentials to access your User Account. You also are solely responsible for all activity that occurs under your User Account. You may not allow another individual or third party to access, use, or modify your User Account. You are responsible for maintaining the security of your User Account, including keeping your login credentials secret to only yourself. Please contact [contact info] immediately if you suspect that another individual or third party has gained access to your User Account.
Refusal of Services.
Slimbody may, but does not assume the obligation, to request further information from you before you receive any of the Services. If you do not timely provide this information in the manner requested, we reserve the right to suspend, discontinue, or deny your access to and use of your User Account, the Slimbody Platforms, and the Services, unless and until you provide the requested information to us. Without limitation, Slimbody may refuse to provide the Services to you, cancel your Subscription, or deactivate your User Account for any reason in Slimbody’ssole discretion, including where we suspect fraud or illegal activity. This includes, but is not limited to, stolen payment information or falsified medical information resulting in the provision of a prescription and subsequent supply of medication by the pharmacy of your choice.
Account Deactivation.
You may deactivate your User Account by contacting [Contact info/email address]. Without limiting the survival of certain provisions, these Terms and Conditions shall continue to apply to our relationship with you unless you deactivate your User Account in accordance with these Terms and Conditions. For clarity, canceling a Subscription will not serve to deactivate your User Account or the Terms and Conditions governing your User Account.
4. Payments and Recurring Billing
Your Payment Information.
Slimbody will charge you any fees associated with your User Account to your credit card or debit card on file with Slimbody, as identified in your User Account, in accordance with these Terms and Conditions. Receipts for payments will be emailed to you and can be accessed through your User Account. You represent and warrant that: (i) the credit card or debit card information you provide to Slimbody is true, correct, and complete, and (ii) that you are the person in whose name the credit card or debit card was issued; and (iii) you are authorized to make a purchase with the relevant credit card or debit card. You will promptly notify Slimbody if your payment information has changed, if your payment method has been canceled, or if you become aware of a breach of security associated with your payment method. You acknowledge that we may process an authorization hold using your payment information in order to verify the information provided. If your payment card details change or are due to expire, we may request updated payment details from you, including your card number, expiration date, and CVV (or equivalent). By providing us updated payment information, you authorize us to continue to charge your card using the updated information so that you can continue to receive your Subscription or other access to the Services.
Third Party Payment Processor.
All credit card, debit card, and other monetary transactions on or through the Slimbody Platforms occur through an online payment processing application that is hosted by a third party payment processor. Slimbody itself does not collect or store payment card information. If our third party payment processor is unable to secure funds from your payment method for fees that are due for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, Slimbody may undertake further collection action, including application of fees to the extent permitted by law, and reserves the right to suspend or terminate your User Account or Services.
Subscriptions and Recurring Payments.
If you purchase a subscription to access the Slimbody Platform (“Subscription”), you will be charged a Subscription fee at the rate presented to you (“Subscription Fee”). The Subscription Fee is paid to the Providers and covers the costs of the medication, any telehealth consultations, and access to your Provider, and the Subscription Fee also includes an access fee which is passed through to Slimbody for your access to the Slimbody Platforms for one (1) month, or a different subscription period selected on the Slimbody Platforms (the “Subscription Period”). Unless otherwise stated when you sign up for a Subscription, your selected Subscription Period will automatically renew for successive Subscription Periods of the same length with the Subscription Fee (including any applicable taxes) charged, and will continue to do so unless we are either no longer operating the Slimbody Platforms, in which case we will notify you, or if your Subscription has been canceled in accordance with these Terms and Conditions.
The billing period for your Subscription Fee begins from the time of registration (i.e., when you register, enter your payment method, and pay the initial Subscription Fee), and again at the start of each subsequent Subscription Period. By signing up for a Subscription, you agree to pay your Subscription Fee in full each Subscription Period and authorize your payment method on file to be billed automatically each Subscription Period by Slimbody’s third party payment processor for the entire length of your Subscription, regardless of whether you have used the Services during the Subscription Period, and to do so until your Subscription ends or is canceled. If any Subscription Fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel, or terminate your Subscription. You will be responsible for paying all past due amounts. You acknowledge that billing for your Subscription may not occur on the exact same date of each month.
Other Fees.
You agree to pay all other fees and charges associated with your User Account that are not included in the Subscription Fee, including, for example, costs of laboratory tests and any otherfees for any Services that are not charged on a Subscription model (collectively, “Other Fees”), on a timely basis and according to the terms and the rates presented to you. By using the Services and incurring such Other Fees, you authorize us to bill and charge your payment method on file for such Other Fees in full.
Note that the Providers do not accept insurance, and you will be responsible for all costs associated with the Telehealth Services.
Changes to Subscription Features, Subscription Fees, or Other Fees.
All fees published on the Slimbody Platforms are set by Slimbody in its sole discretion. We reserve the right to change our fees from time to time. Slimbody will send notice of upcoming automatic renewal prior to renewing your Subscription as required by law. We may change the Subscription terms, Subscription Fees, or Other Fees at any time on a going forward basis and at our discretion. If the pricing for your Subscription increases, we will notify you, and provide you an opportunity to change or cancel your Subscription before applying those changes to your User Account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a Subscription. Your continued enrollment in your Subscription after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue your Subscription at the revised rates and/or terms, you must let Slimbody know prior to the end of your then current Subscription Period in accordance with Section 5 of these Terms and Conditions (Cancellations and Refunds), so that at the end of that Subscription Period your Subscription will end; otherwise the revised rate and/or terms will apply on and from the next Subscription Period.
Waiver of Claims and Unauthorized Payments.
You agree to waive all claims against Slimbody and its third party affiliates, including Slimbody’s third party payment processor, related to any unauthorized payments made on or through the use of your User Account and that occur outside of Slimbody’s control, regardless of whether such payments are authorized or unauthorized. However, you may submit a claim of the unauthorized payment to Slimbody so that Slimbody can conduct a reasonable investigation as it sees fit under the circumstances. If appropriate, Slimbody will assist in correcting the alleged unauthorized payment, provided that such claim is received by Slimbody within thirty (30) days of the disputed charge or payment.
5. Cancellations and Refunds
Canceling Your Subscription.
When you cancel a Subscription, you cancel only the future charges associated with your Subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current Subscription Period. You can cancel by clicking “Cancel Subscription” in your User Account no later than the day before your next scheduled billing date to cancel your Subscription. If you do not cancel before this time, Slimbody reserves the right to charge you for the next Subscription Period and cancel your Subscription in the following Subscription Period.
Except as otherwise stated herein or required by applicable law, no refunds will be provided for a partial Subscription Period, and you will continue to have access to the Subscription until the end of your then-current Subscription Period. Notwithstanding any other terms, Slimbody reserves the right to cancel your Subscription in its entirety at any time and for any reason, with or without prior notice. In the event that Slimbody exercises its right to cancel a Subscription, it will refund the current Subscription Period’s Subscription Fee as required by law.
Once you cancel your Subscription, your access to and use of the Services will continue until the end of your then-current Subscription Period and thereafter end, but you will continue to have access to certain information maintained within User Account, such as personal health information. Please note that all Services, including the delivery of any medications prescribed through the Services and access to refills, will cease once such a cancellation takes effect. You should talk to your Provider before discontinuing any medications. Abruptly stopping certain medications can impact your health.
Medication orders may be canceled before they are shipped. Any other Services that are paid per Service (e.g., single visits with a Provider not part of a Subscription) may be rescheduled but are not cancellable after purchase.
Refunds.
All purchases are final and once paid, all fees, including Subscription Fees, are non-refundable regardless of whether Services are utilized, except as prohibited by applicable law. However, you may cancel your Subscription at any time in accordance with this Section 5 (Cancellations and Refunds) to stop incurring future Subscription Fees. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
6. Prescription Terms
Medications available through the Slimbody Platforms require a valid prescription by a Provider licensed to prescribe the specific medications. You will not be able to obtain a prescription medication unless you have completed a consultation with one of the licensed Providers through the Slimbody Platforms, the Provider has determined the prescription is appropriate for you, and the Provider has written a prescription for the medication.
Note that the availability of the medications may vary. At times, there may be shortages of the weight loss medications which may be prescribed by the Providers, which may cause delays in the shipping of medications prescribed. You should keep your Provider informed of any such delays.
There is no guarantee a prescription will be written by using the Services. If a Provider prescribes a medication, the Provider will limit supply based upon applicable regulations and will only prescribe a medication as determined in the Provider’s own discretion and professional judgment. Providers may also deny care for actual or suspected misuse of the Services for access to prescriptions.
You agree that any prescription medications you acquire from a Provider will be solely for your personal use. All prescription medications are provided subject to all warnings, limitations, and restrictions published or provided by the medication’s manufacturer. You agree to fully and carefully read all provided product information and labels and to contact your Provider, or another physician or pharmacist, if you have any questions regarding the prescription medication. You acknowledge and understand that your use or misuse of prescription medications obtained through our Platforms or Services may result in undesirable or unexpected consequences. Slimbody does not accept any liability for the consequences arising from the application, use, or misuse of any prescription medications made available through the Slimbody Platforms or Services, including any injury or damage to any person or property as a matter of negligence, or otherwise, including your failure to comply with any warning labels attached to the prescription medication products.
Pharmacy Services.
Prescriptions fulfilled by pharmacies may not use child-resistant packaging and prescriptions may not be dispensed in child-resistant containers. You acknowledge that you must keep all prescription medications safe, secure, and out of the reach of children.
7. Intellectual Property
Intellectual Property.
With the exception of your User Materials (as defined below), Slimbody and/or Slimbody’s licensors, as applicable, retain all right, title, and interest in and to the Slimbody Platforms, the Services, and any information, content, files, document, text, photographs, images, audio, videos, reviews, products, documentation, software, or other materials available on or through the Slimbody Platforms and the Services, as well as any patents, copyrights, trade secrets, trademarks, service marks, or other intellectual property or proprietary right in any of the foregoing. For clarity, use, reproduction, copying, or redistribution of Slimbody trademarks, service marks, and/or logos, or those of Slimbody’s third party licensors, are strictly prohibited without the prior written permission of Slimbody or the licensor, as applicable. The Slimbody Platforms may contain other proprietary notices and copyright information, the terms of which you agree to follow.
So long as you comply with these Terms and Conditions, including timely payment of any Subscription Fees or Other Fees associated with your User Account, Slimbody grants you a limited, non-exclusive, personal, revocable, non-transferable, and non-sub-licensable right and license to access the Slimbody Platforms and to use any of the Services for the duration of your Subscription or while your User Account is active, as applicable. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Slimbody or its licensors, suppliers, publishers, rights holders, or other content providers.
Other than User Materials (which you own), neither the Slimbody Platforms nor the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Slimbody. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Slimbody without the express written consent of Slimbody. You may not use any meta tags or any other “hidden text” utilizing Slimbody’s name or trademarks without the express written consent of Slimbody. The content of the Slimbody Platforms, including without limitation, the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Slimbody Platforms may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Slimbody.
Claims of Copyright Infringement.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), if you believe any material accessible on or from the Slimbody Platforms infringes your copyright, you may request removal of or access to those materials by submitting written notification (a “DMCA Notice”) to our copyright agent designated below:[INSERT COPYRIGHT AGENT CONTACT INFORMATION]
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly and materially misrepresent that material or activity on the Slimbody Platforms is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable or terminate users who are repeat infringers.
User Materials.
All names, photographs, information, communications and any other content that you submit to or publish on or through the Slimbody Platforms, or that you submit to or publish on an online social media account (e.g., Facebook, Twitter, Instagram) that you own and link or otherwise associate with the Slimbody Platforms or your User Account, including any medical information you provide via the Slimbody Platforms, if any and as applicable, is referred to in these Terms and Conditions as the “User Materials.” You own and you are responsible for all User Materials, and you grant Slimbody and its related third parties involved in providing you the Services a worldwide, transferable, sub-licensable, irrevocable, perpetual license to use the User Materials, to the extent permitted by law, in order to provide the Services or as otherwise permitted in our Privacy Policy. You agree not to provide any User Materials that: (a) are false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (b) would violate or infringe the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (c) contain or transmit a virus or any other harmful component. Slimbody may, but does not assume the obligation to, monitor and/or delete any User Materials that we deem in our sole discretion to be in violation of these parameters. You represent and warrant that you have the legal right and authorization to provide all User Materials to Slimbody, and if relevant, its related third parties, so Slimbody or those entities can provide you with the Services.
Feedback.
Any feedback, comments, questions, or suggestions (collectively, “Feedback”) you may provide regarding the Slimbody Platforms or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions without any obligation to you. By sending us any Feedback, you: (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against Slimbody and its users any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback shall survive any termination of your User Account, these Terms and Conditions, or the Slimbody Platforms or the Services.
8. Communications
Consent to Electronic Communications.
By opting in to use Slimbody’s Platforms and the Services, you affirmatively consent to conduct business electronically with Slimbody and you agree that: (a) all agreements and consents can be signed electronically; and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
Consent to Receive Emails.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly and materially misrepresent that material or activity on the Slimbody Platforms is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable or terminate users who are repeat infringers.
Consent to Receive Calls and Text Messages.
By providing your mobile number, sending Slimbody an initial text, or otherwise opting-in to receive telephonic communications from Slimbody, you are agreeing to be contacted by or on behalf of Slimbody at the mobile number you have provided, including calls and SMS text messages, regarding your User Account and use of the Slimbody Platforms and the Services. These text messages or calls may be automated and may include information about your treatment plan, appointment reminders, order confirmations, shipping notifications, messages from your Provider, and other transactional messages.
In addition to these transactional text messages, you may choose to opt in to receive marketing text message communications from Slimbody. Note that access to the Services is not conditioned upon your consent to receive marketing or promotional text messages from Slimbody.
You can opt-out of any of Slimbody’s SMS services at any time by texting "STOP" to the message received, from the mobile device that is subscribed to receive the SMS messages. After you send the text message "STOP" to us, we may send you one final text message to confirm that you have been unsubscribed. If you have opted-in to receive more than one type of text message from Slimbody (such as Platform/Service-related transactional messages and marketing messages), you will need to opt-out of each SMS service to which you are subscribed. Until you have done so, you may continue to receive the types of text messages from Slimbody that you have opted-in to receive but from which you have not unsubscribed. Please note that if you withdraw your consent to receive text messages, some Slimbody Platform features and certain Services may no longer be available to you and you may not receive important and helpful information and reminders about your Services.
TCPA and CAN-SPAM Compliance.
Slimbody is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM Act and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please contact us immediately at [insert email address].
Sensitive Communications.
You understand that while Slimbody takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from Slimbody outside of Slimbody Platforms (including off-Platform communications with medical groups and/or Providers) are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email outside of Slimbody Platforms, you do so at your own risk. By opting into text messages, you consent to sending text messages to Slimbody, and receiving text messages from or on behalf of Slimbody, that are not encrypted. Likewise, by emailing Slimbody or giving Slimbody your email, you consent to receiving unencrypted emails messages from or on behalf of Slimbody.
9. Rules and Prohibitions
You understand that you may lose your right to use the Slimbody Platforms and the Services if you do not abide by these Terms and Conditions. In addition to other prohibitions in these Terms and Conditions, the following conduct is prohibited on the Slimbody Platforms:
- Impersonating or misrepresenting your identity or your affiliation with a person or entity;
- Creating more than one User Account, or forging or manipulating headers or identifiers to disguise the origin of any content transmitted through the Slimbody Platforms;
- Allowing any unauthorized person to access your User Account or to receive the Services;
- Harassing, threatening, abusing, defaming, demeaning, discriminating against, intimidating, or exhibiting other harmful or disrespectful behavior toward the medical groups and/or Providers, or staff of Slimbody or other affiliated third parties providing the Services to you, or disrupting the care of other patients, as we determine in our sole discretion;
- Obtaining prescriptions from multiple prescribers without each prescriber’s (including your Provider(s)) knowledge of the other prescriptions (also known as “doctor shopping”);
- Accessing the Slimbody Platforms or using the Services, medications, or other products available through the Slimbody Platforms, in any unlawful way or for any unlawful purpose (including in violation of U.S. export laws concerning the transmission of technical data and regulated materials via the Internet);
- Using any software, program, process, device, application or routine (e.g. robots, scripts, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage, injure, decrypt, interfere, tamper, hack, spoof, modify, or otherwise corrupt the administration, security or proper functioning of the Slimbody Platforms or any servers which may host these Platforms;
- Accessing data not intended for you or logging onto a server or a User Account which you are not authorized to access;
- Posting or transmitting any data, materials, content, or information (including, without limitation, advice, and recommendations) which contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Slimbody Platforms or the Services, personal information, software, equipment, servers, or facilitate or promote hacking or similar conduct;
- Attempting to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the Slimbody Platforms;
- Running any antivirus or antispyware software that is set to override the Internet browser’s cookies setting;
- In any way infringing, misappropriating, or otherwise violating any copyrights, trade secrets, or other rights of Slimbody or any third party;
- Incorrectly identifying the sender of any message transmitted to Slimbody or altering the attribution or origin of electronic mail, messages, or posting;
- Violating the privacy rights of any person, including harvesting or collecting personal information or personal health information about any other individual who uses the Slimbody Platforms or the Services;
- Transmitting, or procuring the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- Otherwise using the Slimbody Platforms or the Services in any manner that exceeds the scope of use granted herein; and/or
- Attempting to indirectly undertake any of the foregoing or encouraging or enabling any other individuals to do or attempt any of the foregoing.
Your User Account may be terminated for any of the above infractions. You agree to defend, indemnify, and hold harmless Slimbody and its Related Parties (as defined below) from and against all third party claims, damages, and expenses including, but not limited to, reasonable attorneys’ fees, against or incurred by us arising out of any User Materials you upload to or transmit through the Platform or any breach of the Terms and Conditions, including this Section 10 of the Terms and Conditions. Violations of applicable laws and system or network security may result in civil or criminal liability. Slimbody may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
10. Availability of Services and Export Compliance
Slimbody operates subject to state and federal regulations, and not all Services offered through the Slimbody Platforms may be available in your state. You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Slimbody Platforms and the Services is limited exclusively to users located in states within the United States where the Services are available as identified on the Slimbody Platforms. Accessing the Services from jurisdictions where content is illegal, or where we do not offer the Services, is strictly prohibited.
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet.
11. Disclaimers of Warranties; Limitation of Liability; Release; Indemnification
Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT ANY ACCESS AND USE OF THE SLIMBODY PLATFORMS AND THE SERVICES IS VOLUNTARY AND THAT YOU ARE ACCESSING AND USING THESE RESOURCES AT YOUR SOLE RISK. THE SLIMBODY PLATFORMS AND THE SERVICES ARE PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SLIMBODY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SLIMBODY PLATFORMS, THE SERVICES, AND ANY CONTENT, INFORMATION, PRODUCTS, SERVICES, OR OTHER MATERIALS PROVIDED ON OR THROUGH THE SLIMBODY PLATFORMS OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE QUALITY, ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. SLIMBODY DOES NOT WARRANT THAT THE PLATFORMS WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT, OR THAT DEFECTS IN THE SLIMBODY PLATFORMS WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK-UP AND SECURITY.
SLIMBODY DOES NOT GUARANTEE THAT, THROUGH USE OF OUR PLATFORMS AND/OR SERVICES, ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH OUR PLATFORM, INCLUDING MEDICATIONS, MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. TO THE FULLEST EXTENT OF APPLICABLE LAW, SLIMBODY AND ITS RESPECTIVE AFFILIATES DO NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY SERVICES OR PRODUCTS, INCLUDING MEDICATION, CONTAINED ON OR MADE AVAILABLE THROUGH THE SLIMBODY PLATFORMS, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO ANY MEDICATIONS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE PROVIDERS. SLIMBODY SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE PROVIDERS.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, SLIMBODY AND ANY OF SLIMBODY’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, SHAREHOLDERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, ASSIGNS, TRANSFEREES, CONTRACTORS, OR LICENSEES (COLLECTIVELY, THE “RELATED PARTIES”), ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH) CAUSED BY OR ARISING FROM OR IN CONNECTION IN ANY WAY TO THE SLIMBODY PLATFORM OR ANY SERVICES, PRODUCTS, CONTENT, OR INFORMATION CONTAINED WITHIN THE PLATFORM, INCLUDING ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THE THIRD PARTIES (AS DEFINED HEREIN), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR SERVICES IS TO STOP USING THE PLATFORM OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF SLIMBODY TO YOU WITH RESPECT TO YOUR USE OR ACCESS OF (OR INABILITY TO USE OR ACCESS) THE PLATFORM OR SERVICES IS FIVE HUNDRED U.S. DOLLARS ($500). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH LIMITATIONS OR RELEASES.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SLIMBODYPLATFORMS OR THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO WHEN SUCH ACTION OCCURRED. EXCEPT AS EXPLICITLY PROVIDED HEREIN, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SLIMBODY PLATFORMS OR THE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SLIMBODYPLATFORMS OR THE SERVICES.
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 ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
Release.
You hereby release and hold harmless Slimbody and the Related Parties from and against all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Slimbody Platforms or the Services and/or the rights and privileges granted or conveyed by you under these Terms and Conditions including, without limitation, those rights and privileges relating to the User Materials and/or any elements, derivatives, or marketing of the foregoing.
Indemnification.
You agree to indemnify, defend, and hold harmless Slimbody and the Related Parties from and against any claim, actions, proceedings, demands, damages, losses, liabilities, settlements, costs and expenses, including, without limitation, reasonable legal and accounting fees and litigation expenses (“Claims”), resulting or arising from, or alleged to result or arise from: (i) your violation of these Terms and Conditions or the Privacy Policy; (ii) your use or misuse of the Slimbody Platforms or the Services; (iii) your fraud, misrepresentations, violation of law, negligence, or willful misconduct; (iv) the content or subject matter of any User Materials or other information you provide to Slimbody or any customer service agent; (v) any text messages or other communications that you initiate to other Users or to third parties through our Platforms or Services; and/or (vi) your infringement of third party intellectual property rights or privacy rights.
12. Modification, Suspension, or Termination of Platform, Services, or User Accounts
Termination or Suspension of Platform, Services, or User Accounts.
Slimbody has the right to suspend or terminate the function or existence of all or any part of the Slimbody Platforms and/or your User Account at any time, and without notice as it deems advisable, including when you violate these Terms and Conditions, as required by law, or due to security or welfare concerns. To the extent permitted by applicable law, Slimbody shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations. If Slimbody has previously prohibited you from accessing or using the Slimbody Platforms, you are not permitted to access the Platform or its Services.
Survival.
The provisions of these Terms and Conditions which, by their nature, are intended to survive termination or expiration hereof shall survive, including, without limitation, Section 4 (Payments and Recurring Billing); Section 6 (Prescription Terms); Section 7 (Intellectual Property); Section 8 (Communications); Section 11 (Disclaimer of Warranties; Limitation of Liability; Release; Indemnification); Section 12 (Modification, Suspension, or Termination of Platform, Services, or User Accounts); Section 13 (Dispute Resolution); Section 14 (Third Party Services); and Section 15 (General Terms).
Changes to the Platform and Services.
All information contained on the Slimbody Platforms, including descriptions, images, references, features, content, specifications, products, and prices of any of the Services, are subject to change at any time and without notice to you, but you are at all times entitled to your rights under Section 5 (Cancellations and Refunds) if you are unhappy with such changes.
13. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We will try to work in good faith to resolve any issues you have with the Slimbody Platforms and the Services if you bring such issues to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. If you have a dispute with us, you agree to resolve such dispute on an individual basis in accordance with the provisions set forth below.
Initial Dispute Resolution.
We are available to address any concerns you may have regarding the Slimbody Platforms or the Services. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement, and to engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration. To adequately engage in initial dispute resolution, each party must notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent to: (a) the user’s email address on file with Slimbody, or (b) 1894 E. William St., Ste 4 #602, Carson City, Nevada 89702 (“Dispute Notification”). The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond. The other party then has fifteen (15) days to reply to the response.
Agreement to Arbitrate.
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution begins under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.
Except as explicitly set forth in this Section 13, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions are void or voidable; whether a claim is subject to arbitration, any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment); your relationship with Slimbody; your User Materials; the threatened or actual suspension, deactivation, or termination of your User Account; payments made by you or any payments made or allegedly owed to you; any promotions, benefits, or other offers; and any other federal and state statutory and common law claims. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator shall also be empowered to consolidate claims raised between the same parties to a single arbitration proceeding. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. 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. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration; discovery in arbitration may be more limited than discovery in litigation; and court review of an arbitration award is limited.
Unless you and Slimbody otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, collective, consolidated or representative proceeding.
The arbitration will be administered by JAMS in accordance with the provisions of its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”), excluding any rules or procedures governing or permitting class or representative actions and except that each party will be permitted at least one deposition unless forbidden by JAMS. If for any reason JAMS is unable to administer arbitration, either party may apply to a court to appoint an arbitrator pursuant to 9 U.S.C. Section 5. The JAMS Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these Terms and Conditions, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Slimbody to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Slimbody will pay the remaining filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases. The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of these Arbitration Terms while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction.
The Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of these Arbitration Terms. It is yours and Slimbody’s intent that the FAA and JAMS Rules will preempt all state laws to the fullest extent permitted by law. If the FAA and JAMS Rules are found to not apply to any issue that arises under these Arbitration Terms or the enforcement thereof, then that issue will be resolved under the laws of the State of California. These Arbitration Terms governs to the extent it conflicts with the JAMS Rules or FAA.
Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements.
Unless you and Slimbody otherwise agree, the arbitration will be conducted in Los Angeles, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Slimbody submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Rules. Subject to the JAMS Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).
The arbitrator will render an award within the time frame specified in the JAMS Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Class Action Waiver.
YOU AND SLIMBODY MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION. This will prohibit you from bringing any class, collective, or consolidated action against Slimbody, and will also prohibit you from participating in or recovering relief under any current or future such actions brought against Slimbody by someone else.
30-Day Right to Opt-Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email address: [email address]. The notice must be sent within 30 days of your first use of the Platform or published changes to this Section 13, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. Your notice must include your name and address, the email address you used to set up your Slimbody User Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt-out of these arbitration provisions, Slimbody also will not be bound by them, but all other parts of these Terms and Conditions will continue to apply to you.
Changes to this Section.
Slimbody will provide thirty (30) days’ notice of any changes affecting the substance of this Section 13. Changes will become effective on the 30th day. If you continue to use the Slimbody Platform or its Services after the 30th day, you agree that any unfiled claims of which Slimbody does not have actual notice are subject to the revised clause.
14. Third Party Services
Parties other than Slimbody, including but not limited to the Providers, and payment processors, provide services or sell products through the Services (collectively, “Third Parties”), and Slimbody may also make available to you certain services, products, content or resources provided, manufactured, distributed or sold by Third Parties (“Third Party Goods and Services”), including links to and advertisements related to Third Party Goods and Services. Your use of any Third Party Goods and Services 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. Any use of third party software explicitly integrated in connection with the Services, or any Third Party Goods and Services, 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 these Terms and Conditions. In addition to these Terms and Conditions, your use of the Platform and Services must comply with all applicable third party terms of agreement, if any. 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.
If you are receiving telehealth services from Providers affiliated with OpenLoop, you agree to be bound by OpenLoop’s Terms of Use and Privacy Policy, which we encourage you to review.
You agree that Slimbody shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of 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 Slimbody is under no obligation to become involved in such dispute, and you hereby release and indemnify Slimbody and its Related 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.
15. General Terms
Governing Law.
These Terms and Conditions shall be governed in all respects by the internal substantive laws of the State of California, without regard to its conflict of laws principles.
Force Majeure.
You understand and acknowledge that the Slimbody Platforms may be subject to limitations, delays, and other problems inherent in the use of third party communication networks and facilities that are outside of Slimbody’s control, and thus Slimbody will not be responsible for any delays, failures, or damages associated with the Slimbody Platforms which result from any system delays, downtimes, interruptions, or other failures of or problems with the Slimbody Platforms which are outside of Slimbody’s control. We will not be deemed to be in breach of or liable for any breach of these Terms and Conditions or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, epidemic, pandemic, acts of governmental authorities and changes in federal, state or local laws and regulations applicable to the provision of Services, including Telehealth Services, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
Amendments to Terms and Conditions.
Except as provided in the Dispute Resolution provision in Section 13 of these Terms and Conditions, Slimbody may revise these Terms and Conditions from time to time without notice to you. If we determine a revision to the Terms and Conditions is, in our sole discretion, material, we will notify you as required by law. These changes will be posted on this or a similar page of the Slimbody Platforms. By continuing to access or use the Slimbody Platforms or the Services after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read these Terms and Conditions periodically.
Severability and Entire Agreement.
In the event that any of the provisions in these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. These Terms and Conditions constitute the entire agreement between Slimbody and you pertaining to the subject matter hereof.
No Waiver.
No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision. Slimbody’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
Contact Us.
Please direct any questions you may have about the Slimbody Platforms, the Services, or these Terms and Conditions, to any one of the following:
- By email: info@slimbody.com
- By phone: +1 2164286106
The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of these Terms and Conditions.
Contact information for our partners:
RedRock Pharmacy
https://www.redrockrx.com
Salt Lake City, UT
phone: 801.433.9500
fax: 801.433.9333
info@redrockrx.com
OpenLoop Health
317 6th Ave, Ste 400
Des Moines, IA 50309
(855) 597-1248
support@openloophealthpartners.zohodesk.comWe operate in the following states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.