TERMS & CONDITIONS
The Terms & Conditions are referred to herein as “T&C”. T&C refers to New Beginnings Medical, LLC and TeleHCG, LLC which are both independent corporations, however for the purpose of these websites are referred to herein individually or collectively as “NBM”, “TLC”, “Us”, “We”, “Our”, “Ours”, “Facilitator” “Management” or the “Company”. The NBM Website and TeleHCG referred herein as “Website”, “Websites”, “Site”, “Sites” is for informational purposes and is intended to be utilized by a Patient referred herein as “Patient”, “Reader”, “You”, “Your”, “User”, “Yourself”, “I”, “Customer”, or “Applicant”.
The purpose of NBM and TLC Sites is for a Patient to learn about the benefits of the natural human hormone HCG, medically known as Human Chorionic Gonadotrophin, and Other Medical Related Prescription Items offered on the Site together referred herein as “Products”, “Other Medical Products”, “Items” or “Medical Merchandise”.
The Sites further inform Patients how the Other Medical Products can be legally obtained by a Prescription for weight loss and Other Medical Products over the internet. Thee Company are acting solely as a Facilitator for the Patient to acquire their desired Products. The information on these Sites DO NOT constitute an offer to buy or sell Products. We are not a Pharmacy nor do we have an interest in any Pharmacy. Any arrangement to acquire the Products on these Sites does not exist until the Patient has been processed through the Site’s standard acquisition system and is not in conflict with the laws of the Patient’s residential state.
If You are using this Website, it is understood that You have accepted the T&C information contained herein. If You do not wish to be bound by this T&C, please signoff this Site.
To receive any Product through our Site, a medical Prescription is required. Patient’s will be asked to complete a Patient Medical History form, herein referred to as “PMH”, which provides personal medical information. That information will eventually be sent to a Doctor in the Patient’s state of residence to determine their eligibility to receive a Product. A Patient’s privacy is of utmost concern to us and is protected on Federal HIPAA compliant servers and websites. The information is further protected by the Patient establishing a personal password.
As a condition for using Our Site, Patient agrees not to use any of the information or details contained within this Site for any of the following purposes: to utilize any form or type of remote intelligence to cause harm or access to this Site; to utilize it’s accounts or computer systems; to violate any state, local, federal or international law, regulation or statute; to harm or violate any individual; to misrepresent Patient’s association or affiliation with this Site or any entities associated with this Site; to cause any disruption or harm to this Site’s servers, networks or software associates.
Obtaining HCG & Other Medical Products
This Site is intended to assist Patients who believe they have an overweight or other medical issue. Patients use this Site for informational purposes to resolve their medical issue. HCG or Other Medical Products require a Medical Prescription by a Licensed U.S. Pharmacy referred herein as “Pharmacy”.
To acquire a Prescription, a PMH form must be completed and forwarded to a Patient selected Independent Licensed Medical Physician in Patient’s state of residence herein referred to as “Physician”. The PMH is reviewed by the Physician for completeness and accuracy. Any incomplete, untruthful or inaccurate information may be cause for a delay, disqualification or rejection of Patient’s request to obtain a Prescription.
Smart Phone or Audio Visual Medical Consultation
The Physician reviewing Patients PMH is a licensed in their state of residency. The Physician will utilize Patient’s PMH form to conduct a one-on-one internet Audio Visual Consultation on the internet or, where permitted, a smart phone conversation, referred herein as “Consultation”. The Consultation will consist of a discussion of Patient’s physical condition as it relates to taking the Medical Product requested, the benefits and risks of the HCG or Other Medical Products and the Patient’s goals for taking the Medical Products. The Physician’s approval for Patient’s obtaining the HCG or Other Medical Products is based on pre-established medical processing requirements. These include the satisfactory completion of both the Patient’s PMH and the results of the medical Consultation.
Patient understands that the information on this Site is not intended as a substitute for any professional medical advice or treatment, and its use is solely at Patient’s own risk. Patient should not delay, ignore or avoid obtaining medical advice from a qualified healthcare provider because you have heard or read something on this Site or elsewhere. The content on this Site is not intended to be used as a basis for any emergency medical purpose. If Patient believes they have an emergency situation, call a medical healthcare provider or dial 911. The use of this Site is not intended to a substitute for the practice of medicine or medical advice. Also, this Site is NOT a replacement for Your Primary Care Physician [referred herein as “PCP”] and Patient agrees to notify Your PCP that they are undergoing an HCG diet or obtaining Other Medical Products.
The Independent Licensed Medical Physicians
Patient authorizes the Independent Licensed Medical Physician, referred herein as “Physician”, to obtain, on their behalf, a medically approved Prescription for HCG or Other Medical Product from a Licensed U.S. Pharmacy [referred herein as the “Pharmacy”] which will dispense the pharmaceuticals directly to Patient’s place of residence in their name. Prior to ordering Patient’s Prescription, they will be charged for the requested Medical Products and services. The acquisition cost for the HCG or Other Medical Products consists of the Prescription product, the Physician’s Consultation, freight, packaging, credit card fees, taxes [if applicable] and acquisition management services.
The Physician arranging for Patient’s acquisition of the Products is engaged as Independent Medical Contractor and his/her available Consultation times are of their own choosing and beyond Our control. The Company acts solely as a Facilitator for Patient to obtain their desired Medical Products. Patient agrees that the Company are not liable for any canceled, postponed or unfulfilled Consultations between Patient and the Physician and for any loss, damage or injury resulting therefrom. Patient utilizing this Site for Medical Products, have the final say in scheduling an internet Consultation appointment with a Physician. Patient also has the final say in accepting the Physician through this Site.
Patient understands and accepts that there is not nor has there ever been a licensed medical professional and/or patient relationship been created or ever existed between Patient and the Company by directly or indirectly utilizing this Site. Also, no relationship exists by utilizing Our communication links through social media, emails, advertising affiliates, blogs, text messages, or links to other sites.
If the Physician determines that Patient is not appropriate for obtaining HCG or Other Medical Product, the relationship between Patient and the Company will be immediately terminated and any charges that have been made will be refunded.
The Company’s Relationship With Independent Contractor Medical Physicians
The Company only engages independent contractors medically trained licensed Physicians to review and evaluate a Patient’s PMH. We do not advocate, propose, recommend or extol any Physician or healthcare provider. We do not receive any fees, compensation, gifts or remuneration from any Physician or healthcare provider for any services or referrals including services provided to the Company’s patients.
Any Physicians providing internet HCG or Other Medical Products to Patient’s under this Site is an Independent Medical Licensed Contractor engaged solely to provide healthcare services after reviewing a Patient’s Medical History form without the opportunity to conduct a face-to-face physical examination. The Physician does not replace the services of a Patient’s Primary Care Physician, referred herein as “PCP”, and the Physician is not engaged to substitute the advice or conflict with any advice from the Patient’s PCP.
The Company uses it’s best efforts investigating the Physicians participating in Our internet services, to ensure that they have an active medical license and are permitted to practice medicine in the Patient’s state of residence. Although each Physician is required to go through an independent certification process, the Company does endorse, recommend or warrant the quality of any Physician’s healthcare services they provide. If there are any healthcare complaints reported in writing to Us, We will do our best to have the complaint resolved directly between the Physician and the Patient. We may suspend or exclude any healthcare Physician that engages in any inappropriate or unprofessional conduct during a healthcare Consultation with a Patient. The Patient agrees to release the Company, it’s officers, directors, employees, stockholders, assigns, agents, successors, affiliates or contracted parties from any liability associated with the actions of the Independent Medical Licensed Physician during or as a result of a medical Consultation to obtain HCG or Other Medical Products through this Site.
Physicians are either contracted through an independent agency to provide servers to the Company and individually independent contractors. Each Physician either provides independent malpractice insurance or is provided such insurance through the independent agency providing services to the Company.
Patient’s Responsibility When Ordering HCG and Other Medical Products
Patient acknowledges that this Site is for informational purposes and that Patient is freely seeking to obtain HCG for weight loss purposes or Other Medical Products. Patient has previously informed or will inform their Primary Care Physician that They intend to take HCG and or Other Medical Products and will or have already had a medical Consultation with a licensed Physician.
Patient agrees to comply with the medical directions and dosage that are supplied with the Prescriptions prescribed by the Physician. If the Patient experiences any adverse medical situation while taking any prescribed Prescription obtained through this Site, Patient should immediately cease taking the medical Product, and either seek immediate medical treatment, call 911 or contact the Pharmacy that issued the medical product.
Patient agrees that the Company is not liable for any negligent acts or omissions by the Physician. Patient also acknowledges that the medical Products offered through the Company’s website is not accompanied by any claims, guarantees, promises or warranties. Patient understands that any HCG or Other Medical Product acquired with the assistance of Company requires a medical Prescription and such Prescription pharmaceuticals are NOT returnable or refundable, under any circumstances according to both Federal and State laws. It is unlawful for a Pharmacy to accept the return of any Prescription medication once it has left their direct care and control.
The Patient acknowledges and agrees that the Company is not responsible for any negligent or intentional acts or omissions by the Independent Licensed Medical Physician or licensed Pharmacy utilized through this Site. The Patient understands that the total liability of the Company officers, directors, employees, stockholders, assigns, agents, successors, affiliates or contracted parties is limited to the purchase price of any HCG or Other Medical Product acquired through this Site. The Patient further acknowledges that the Company officers, directors, employees, stockholders, assigns, agents, successors, affiliates or contracted parties and Medical Personnel will not be liable for any, direct, indirect, special, incidental, consequential, or punitive damages
The Governing Laws Of Florida
The Terms & Conditions for this Site shall be governed according to the laws of the State of Florida, applicable to agreements to be made and to be performed within the State of Florida, without regard to principles of conflict of laws. Any disputes arising out of or with respect to this Site shall be adjudicated in a court of competent jurisdiction sitting in the county of Palm Beach County, Florida. The Patient hereby irrevocably submits to the jurisdiction of such court for the purposes of any lawsuit, civil action or other proceeding arising in connection with this Site. In the event of any litigation arising out of this Site, the prevailing party shall be entitled to recover all expenses, costs incurred, including reasonable attorneys’ fees.
If any provision of this Site or it’s application is invalid or unenforceable in any jurisdiction, the remainder thereof, and the application of such provision in any other jurisdiction, shall not be effective, and the provisions on this Site shall be severable. The Patient agrees to indemnify, defend, protect, and hold harmless the Company officers, directors, employees, stockholders, assigns, agents, successors, affiliates or contracted parties and it’s Medical Personnel and their respective parties from, against and in respect of all liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings, investigation, demands, judgements, settlement payments; deficiencies, penalties, fines, interest and costs and expenses suffered, sustained, incurred in connection with, resulting from, or arising out of, directly or indirectly by the contracted Independent Medical Physician or the Pharmacy.
Use of Confidential Information Within the Site
Patient acknowledges that during their use of this Site, They may come in contact with a range of information that the Company considers Proprietary, Secret or Confidential referred herein as “Confidential Information”. Included, but not limited to, as Confidential information is any confidential disclosures, trade secrets, business practices, Patient information, website and form design, Physician and Pharmacy information, contractors, software, suppliers products and manufacturers.
The Patient further acknowledges that such Confidential Information is considered a valuable asset to the Company’s stability and financial wellbeing. Patient also agrees not to disclose, divulge, covey or communicate, in any fashion, form, or manner, either directly or directly, any Confidential Information or take any action that may result in disclosure of such Confidential Information to any third party person, or company. Patient understands that disseminating the Company’s Confidential Information will cause irreparable harm to the Company and as such, the Company shall be entitled to seek injunctive relief to curtail the Patient from disclosing or dispersing any Confidential information and seek liquidated damages. The Patient agrees that the amount of the Company’s damages under such conditions will be difficult to precisely ascertain, therefore Patient agrees that any liquidated damages are not considered a penalty.
Prohibited Linkage To The Company Site
Linking to or from this Site through any means without written permission from the Company is strictly prohibited. This includes maintaining a link to another website, displaying this Site in any form or format on another Site, utilizing any informational frames, pictures, pricing or similar information from this Site on another website without our written permission is subject to legal action as permitted through applicable laws, statutes and regulations.
Permitted Linkage To The Company Site
From time to time the Company may permit other websites to link to this Company Site. This is offered as a convenience for Our Patients to alternate between similar or related websites. The use of these third-party websites are not controlled by the Company and we are not responsible for any products, services or the content of these websites. We do not make any representations, endorsements, verification regarding these websites. Use of these sites is at your own risk.
Refund For Prescription Products
Patient understands that any HCG or Other Medical Products acquired with the assistance of the Company requires a medical Prescription and such Prescription pharmaceuticals are NOT returnable or refundable, under any circumstances, under both Federal and State laws. It is also unlawful for a Licensed Pharmacy to accept the return of any Prescription medication once it has left the direct care and control of the distributing Pharmacy.
Use Site At Your Own Risk
Patient acknowledges that the use of this Site is entirely at Their own risk. The Site is presented “as is” and is subject to “faults” of performance and quality. There may be periods when the Site is not available, timely, secure, error free, is interrupted or has other defects. The Company also makes no warranty as to the accuracy of any information obtained through this Site and You hereby waive any claims against the Company it’s officers, directors, employees, stockholders, assigns, agents, successors, affiliates or contracted parties and it’s Medical Personnel, from any liability associated with respect to the content herein. The Company has the right to suspend, discontinue or modify this Site at any time without notice to You.
Indemnifying The Company
Patient acknowledges that the Company is acting only as a Facilitator for Patient’s to obtain HCG or Other Medical Products through this Site. The Company does not own or have any financial or personal interest in any licensed or unlicensed Pharmacy and does not employ any Medical personnel. Patient further understands that any Licensed Pharmacy or Physician utilizing this Site to assist Patient in obtaining HCG or Other Medical Product from this Site, are independent contracted companies or individuals and not employed by the Company.
In regard to the above, Patient, agrees to hold harmless the Company it’s officers, directors, employees, stockholders, assigns, agents, successors, affiliates or contracted parties, from any liability associated with respect to the content herein from any liability associated in connection with, resulting from, or arising out of, directly or indirectly from the Company’s independent contracted Physician or independent Pharmacy rendering of medical services. Patient’s failure to disclose all relevant information regarding Patient’s medical and physical condition to the Company’s Independent Physician can result in harm or injury from the medical care or pharmaceuticals provided directly or indirectly by the Physician.
Patient is aware of any potential side effects associated with using HCG or Other Medical Products accepts all risks involved in taking the Prescription medication and will not seek indemnification or damages from the Company’s officers, directors, employees, stockholders, assigns, agents, successors, or affiliates or contracted parties.
This Sites contains a number of specific products, logos, slogans and names which are registered Trademarks of the Company and various suppliers. Without the written permission of the Trademark owners, it is prohibited that any of these Trademarks by copied, used or imitated in whole or in part. Not with standing, the use of metatags and/or hidden text utilizing any Trademark is prohibited without written permission