Evolving Medical Integration Services, LLC DBA SimpleFix Weight Loss Clinics TERMS OF USE
Last modified: July 21 2022
ACCEPTANCE OF THE TERMS & CONDITIONS:
Evolving Medical Integration Services, LLC DBA SimpleFix Weight Loss Clinics (“SimpleFix wlc’s,” “we,” “us,” or “our”) and/or its affiliates owns and operates the website located at www.simplefixrx.com (the “Website”) and a mobile application (the “App,” and collectively, the “Platform”). Access and use of the Platform, any part thereof, or anything associated therewith, including its content any products or services (the “Services”), provided through the Platform or otherwise by SimpleFix wlc, and any affiliated website, software, or application owned or operated by SimpleFix wlc are governed by these Terms and Conditions (“Terms and Conditions” or “Agreement”).
Please read this Agreement carefully because it sets forth the important terms you will need to know about the Services. The terms “you” and “yours” refer to the person using the Services in this Agreement. By using this Website, you represent and warrant that you are of legal age to enter into this Agreement and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
SimpleFix wlc is an online technology platform that connects patients with healthcare providers and streamlines online healthcare services. Services may include (a) providing access to licensed healthcare professionals for consultations, assessments, and treatments through a HIPAA-compliant telecommunications platform; (b) providing information on health and wellness; (c) providing contracted pharmacy services; (d) creation and retention of healthcare records for use in treatment of patients; and (e) scheduling and payment support services.
By agreeing to these Terms and Conditions and continuing to use Company’s Website and Services, you agree to the following: You acknowledge that you are free to see a healthcare provider of your choosing, but that in agreeing to continue, you agree to be seen by the healthcare provider assigned to you. You acknowledge that your assigned healthcare provider may recommend treatment and write a prescription and that a prescription will only be written if it is deemed medically necessary.
Changes to the Terms and Conditions
All changes to this Agreement will take effect when they are posted on the Website and will apply to all subsequent access to and use of the Website. Unless otherwise specified, any new content added to the Services and posted to the Platform is also subject to this Agreement.
The Services are governed by this Agreement. Except for reviewing this Agreement, you are strictly prohibited from visiting, accessing, registering with, and/or using the Services or any information or content provided through the Platform if you do not accept and agree to be bound by this Agreement or any of its terms or conditions in their entirety. Your continued use after a change to this Agreement is posted constitutes your acceptance of this Agreement as modified by such changes.
By clicking the box, you agree to the terms and recognize that you have read the terms. You acknowledge you understand, accepted, and agreed to the terms. You have read the telemed consent, HIPPA, and you have agreed.
Arbitration Notice
YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND THE MEDICAL GROUPS OR PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JUDGE OR A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT-OUT OF ARBITRATION BELOW FOR ANY DISPUTES WITH SIMPLEFIX WLC.
Not For Emergencies
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 9-1-1. THE SERVICES ARE NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THE SERVICES PROVIDED BY SIMPLEFIX WLC, ITS AFFILIATES, AND CONTRACTORS ARE NOT MEANT TO REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. SIMPLEFIX WLC DOES NOT PROVIDE MEDICAL SERVICES, AND THERE DOES NOT EXIST A PATIENT-PROVIDER RELATIONSHIP BETWEEN YOU AND SIMPLEFIX WLC.
You should not disregard or postpone seeking medical advice because of anything on the Website. When a Provider recommends it or when it is otherwise necessary, you should seek emergency assistance or follow-up care. You should continue to see your primary care physician and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider if you have any questions about a medical condition or before discontinuing, beginning, or modifying any treatment.
Your Relationship with Us / Our Services
We are an online technology platform company that streamlines and makes available to individuals who register as users of the Services (“Users”) certain products and services sold or offered by SimpleFix wlc or by third-party medical providers, pharmacies, or other vendors. We provide access to prescription fulfillment services offered by: Luxe pharmacy 560 W Main St Ste 105 Lewisville TX 75057 tel: 972-906-0800 (the “Pharmacy”). We may also provide you with access to one or more medical groups that provide healthcare services through the Platform (the “Medical Groups”). These Medical Groups contract with physicians and allied health professionals on a third-party basis who offer certain healthcare services through the Platform (“Providers”). By accepting this Agreement, you acknowledge and agree that any services you receive through the Platform from the Pharmacy, Medical Groups, or Providers are also subject to this Agreement and that the Pharmacy, Medical Groups and Providers (collectively the “Third-Parties”) are third-party beneficiaries of this Agreement.
With respect to the Third-Parties, we act solely as a technology platform to connect you with the products and services offered by them through the Platform. We offer an online communication platform for Providers and their patients to connect via the Website through the use of synchronous and asynchronous telecommunications technologies. We do not control or interfere with the practice of medicine by the Providers, each of whom is solely responsible for the medical care and treatment he or she provides to you.
SimpleFix wlc makes no representations or warranties about the suitability, reliability, timeliness or accuracy of the medical care and treatment provided by the Medical Groups or any Providers. By accepting this Agreement, you acknowledge and agree that SimpleFix wlc is not a healthcare provider and that by using the Services, you are not entering into a doctor-patient or other healthcare provider-patient relationship with SimpleFix wlc. By using the Services, you may be entering into a doctor-patient or other health care provider-patient relationship with the Providers. You acknowledge that you are not guaranteed to receive services through SimpleFix wlc, its affiliates, or its contractors.
By accepting this Agreement, you acknowledge and agree that the Medical Group and/or Providers may send you messages, reports, SMS/phone texts, and emails via the Platform regarding your diagnosis and/or treatment. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, SMS/phone texts, and emails and that neither SimpleFix wlc nor the Medical Group nor any Provider will be responsible in any way and you will not hold SimpleFix wlc, Medical Group or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group or your Provider(s). You acknowledge that your assigned healthcare provider may recommend treatment and write a prescription and that a prescription will only be written if it is deemed medically necessary.
SimpleFix wlc services may include (i) providing individuals with information on health and wellness, (ii) providing individuals with contracted pharmacy services, (iii) providing individuals with telecommunications access to a licensed healthcare professional for the purposes of communication, consultations, assessments, and other treatments, (iv) collection and retention of healthcare records and information for use in appointments, communications and pharmacy services, (v) support with scheduling, payment of healthcare provider services, and payment for pharmacy services.
While you are not establishing a doctor-patient or other health care provider-patient relationship with SimpleFix wlc, by using the Services, you are establishing a direct customer relationship with SimpleFix wlc to use the Platform and to purchase prescription and non-prescription products or medical and non-medical services sold directly to you by SimpleFix wlc through the Platform. In connection with such a relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy. Please refer to the “Privacy Policy” section and the “Protected Information” section below for additional information.
Pharmacy Disclaimer
The drug and medical information provided on this Website is not meant to cover all adverse effects, drug interactions, warnings, medical uses, indications, directions, and precautions. The information provided is not medical advice and is not a substitute for the judgment of your physician and/or healthcare practitioner.
SimpleFix wlc has made every effort to ensure the information on the Website is accurate and current based on present medical literature. All products on this Website require you to consult with a health care provider and receive a prescription before any product will be dispensed. If you have questions or concerns about your medications, please do not hesitate to contact us and/or your medical practitioner, including your pharmacist.
Compounded prescription products have not been tested or approved by the FDA for their intended use. SimpleFix wlc does not make any claims as to the safety, efficacy or intended use of these compounded drug products. The active pharmaceutical ingredients used are FDA-approved and follow strict United States Pharmacopeia (USP) guidelines when compounded pursuant to a valid prescription
Prescription Products
A valid prescription written by a qualified healthcare professional is necessary for some of the Services’ products. You will not be able to purchase a prescription product until you have finished an online consultation with one of the Providers, the Provider has determined the prescription product is suitable for you, and the Provider has written a prescription for you.
SimpleFix wlc does not endorse any particular drug, pharmacy, or pharmacologic item. If a Provider prescribes a medication, he/she will set a supply limit based on state laws and only do so if it is in the patient’s best interests and in accordance with his/her professional judgment. A prescription won’t always be written, though. DEA-controlled substances, scheduled drugs, and some other drugs that may be harmful due to their potential for abuse are not prescribed by Providers. Providers reserve the right to refuse care for actual or potential misuse of the Services.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. You acknowledge that you are free to see a doctor of your choosing, but that in choosing to use our Services, you agree to be seen by the healthcare provider assigned to you.
If a Provider determines that a prescription product is appropriate for you and writes a prescription, it will be filled using the Platform by the Pharmacy, and you voluntarily and unconditionally waive your right to fill the prescription at any pharmacy of your choice. If you do not want to give up your right, do not purchase the service. In order to receive pharmacy services, you hereby provide the SimpleFix wlc consent to send and disclose all information you provide, your medical records, and other pertinent healthcare and personal information, to the contracted Pharmacy. You acknowledge, represent, and warrant that you have accepted the aforementioned waiver by using the service. Please contact information@SimpleFixwlc.com if you have any questions about this waiver. The pharmacy does not use child-resistant packaging for prescriptions, and prescription products will not be dispensed in child-resistant containers.
If you complete a consultation with a Provider and fill a prescription through the Pharmacy, the prescription product will be shipped to you by the Pharmacy.
Not an Insurance Product
SimpleFix wlc is not an insurer, the Services are not insurance products, and the amounts you pay to SimpleFix wlc are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
Special Notice to Medicare and Medicaid Beneficiaries
Federal and state healthcare programs, such as Medicare and Medicaid, do not pay for all healthcare costs, even for some healthcare services and products that you or your healthcare provider have good reason to think you need. If you are a beneficiary of a federal or state health care program, and such a program does not pay for certain services or products rendered to you, you may have to pay for these services and products. As we understand, neither federal nor state health care programs currently pay for any of the Services provided by SimpleFix wlc, at least not in the way such services or products are provided (i.e., using telemedicine and bundled treatment offerings). By agreeing to use the Services, you acknowledge and agree that: (1) you will pay directly for any medical services and products provided to you, and (2) neither SimpleFix wlc nor any affiliated health care organization or provider will bill any federal or state health care program for such medical services or products. We strive for transparency in the costs for any medical services and products that you may obtain through the Platform, and, as such, you can find specific pricing information on the Website at www.SimpleFix wlcrx.com.
Limited Use and Availability
Our Services are currently only available (i) to individuals who reside in states where we provide the Services, (ii) are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence if greater than eighteen (18), (iii) and have accepted this Agreement. By visiting, accessing, registering with, or using the Service, you are (a) representing and warranting to us that you satisfy all of these eligibility requirements, (b) representing and warranting that when you use the Services to consult with a Provider, you are located in the same state as the shipping address you provide in your account, and (c) agreeing to comply with all applicable laws in visiting, accessing, registering with, or using the Services, and (d) agreeing that you will only use the Services for lawful purposes. Our Services are subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.
Certain products available through the Service are subject to additional age restrictions, and not all products or services on our Website are available to all ages.
SimpleFix wlc operates subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/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 Platform and/or the Services is limited exclusively to users located in states within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Platform or Services from jurisdictions where content is illegal or where we do not offer Services is prohibited.
In some cases, the Platform may not be the most appropriate way for you to provide information to, communicate with, or seek medical care and treatment from a Provider. For example, certain medical conditions requiring in-person visits or procedures may not be appropriately addressed through the use of our Services. In such a case, you may receive notification that you will be unable to use our Services for the particular issue you submitted as well as additional information regarding the next steps.
Consent to Use of Telehealth Services
SimpleFix wlc uses technology to connect you with healthcare providers for telemedicine, telehealth, online consultations, pharmacy, and other services available to patients and providers who are not physically located in the same location via electronic communications, information technology, or other means. SimpleFix wlc uses appropriate measures and systems to safeguard the privacy and security of any information and data stored or transmitted by its Websites, Platform, and Services.
Telehealth services are not a substitute for in-person health care in all cases. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. You acknowledge the limitations of telehealth services, including that a telehealth provider may be limited in the information transmitted (e.g. poor resolution of images) to allow for appropriate medical or health care decision-making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail to cause a breach of privacy of your health information, compared to that of an in-person examination and first-hand observance of your physical condition. In acknowledgment of these limitations, you agree to provide all accurate, known relevant health information to your provider and to update this information when appropriate.
In order to use the Services, you will be required to review and agree to informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by the Medical Groups and Providers through the Platform. You agree that SimpleFix wlc is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.
DUTY TO PROVIDE INFORMATION, ACCESS, AND CONNECTIVITY:
You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software, and hardware capabilities to enable the use of the Platform, including but not limited to a computer or mobile device with a video camera and Internet access (consistent with any technical, quality, or other requirements described in the Services). You are solely responsible for any fees incurred while using the Services, including Internet connection or mobile fees. In any forms or other communications you submit to or through the Platform, you must also provide truthful, accurate, and complete information. We reserve the right to change the access configuration of the Service at any time, including any software, hardware, or other requirements, without prior notice.
SimpleFix wlc expressly disclaims any and all liability for any and all losses and damages resulting from your failure to follow the instructions in this section.
Privacy Policy
You agree that information provided by you in connection with the Services, Platform, and Website shall be governed by the SimpleFix wlc Privacy Policy, which is hereby incorporated and made a part of this Agreement. SimpleFix wlc recognizes the importance of maintaining the confidentiality and privacy of your personal information. For a description of how we may collect, use, and disclose your personal information, please see our Privacy Policy.
Protected Health Information
When you set up an account with SimpleFix wlc, you are creating a direct customer relationship with SimpleFix wlc that enables you to access and/or utilize the various functions of the Services as a user. As part of that relationship, you provide information to SimpleFix wlc, including but not limited to your name, email address, shipping address, and phone number, that we may collect, use and disclose in accordance with our Privacy Policy and that we do not consider to be “health” or “medical” information.
However, in using certain components of the Services, you may also provide certain medical information that may be protected under applicable laws. SimpleFix wlc is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). However, in some circumstances, SimpleFix wlc may be a “business associate” of a Pharmacy or Medical Group. To the extent SimpleFix wlc is deemed a “business associate”, and solely in its role as a business associate, SimpleFix wlc may be subject to HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the Medical Group (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws.
However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.
Registration; User Accounts, Passwords, and Security
You are obligated to register and set up an account on the Website and Platform in order to access the Services, and the Services are available only to Users who have registered and have been granted accounts with usernames and passwords. You agree to accurately maintain and update any information about yourself that you have provided to SimpleFix wlc, the Medical Group or its Providers, or the Pharmacy. If you do not keep such information current, or fail to submit truthful, accurate, and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Services. In addition, you agree to keep your username and password confidential and exit from your User account at the end of each session. You also agree to immediately notify SimpleFix wlc of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Service by emailing SimpleFix wlc at information@simplefixrx.com. SimpleFix wlc explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time. You are responsible for making all arrangements necessary for you to have access to the Website and Platform. Ensuring that all persons who access the Website and Platform through your internet connection are aware of these Terms and Conditions and comply with them. You agree that all information you provide to register for our Services, including, but not limited to, through the use of any interactive features on the Website and Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
When establishing an account, you will be required to provide a username and password that will be used as your login for your account. To help protect the privacy of data you transmit through the Service, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, we take steps to protect the User data we collect against unauthorized access. However, you should keep in mind that our Services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the Website and/or Platform and gain information about you, including medical information, contained therein. You are responsible for affirmatively logging out from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone, and other devices and to protect the confidentiality of your username and password. If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or Platform using your user name, password, or other security information. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We reserve the right to withdraw or amend our Website and Platform and any service or material we provide on the Website or Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts, or the entire, Website or Platform, to users, including registered users.
You must exercise caution, good sense, and sound judgment in using the Services. You are prohibited from violating or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you. SimpleFix wlc may investigate any alleged or suspected violations, and if a criminal violation is suspected, SimpleFix wlc may cooperate with law enforcement agencies in their investigations.
License to Information Submitted Via the Service
Subject to any limitations on PHI described herein, any information you transmit to SimpleFix wlc via the Services, whether by direct entry, submission, email, or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Feedback”), will be treated as non-confidential and non-proprietary, to the extent permitted by applicable law. You grant SimpleFix wlc a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Feedback (in whole or in part) for the purposes of operating and providing the Services to you and other users, subject to any applicable account settings that you select. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Feedback has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not SimpleFix wlc, are responsible for all Feedback that you provide to SimpleFix wlc. In addition to the foregoing, SimpleFix wlc shall have the right, in its sole discretion, to edit, duplicate, or alter the Feedback in any manner for any purpose that SimpleFix wlc deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Feedback. You further agree that you shall have no right of approval and no claim to compensation in connection with the Feedback.
SimpleFix wlc may de-identify your information such that it is no longer considered protected health information or personally identifiable information. SimpleFix wlc may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
If any Feedback you provide contains Protected Information, SimpleFix wlc’s rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law.
Restrictions on Use
You agree that in using or accessing the Services, you will not, and will not attempt to:
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity
Violate any local, state, national or international law (including export laws) reverse engineer, disassemble, decompile, or translate any software or other components of the Website or Platform
Distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or the Website or Platform, or any other system, device, or property
Access or use the Website or Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other rights of any third party use any robot, spider, scraper, or other automated means to access the Website or Platform for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website or Platform license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Services other than as expressly permitted herein to create or develop competing products or services or for any other purpose that is to SimpleFix wlc’s detriment or commercial disadvantage
Damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner the Website or Platform in whole or in part use framing techniques to enclose any trademark, logo, or the Services without our express prior written consent post, transmit, or otherwise disseminate any content that, as we determine at our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, violent, demeaning, intimidating, discriminatory, or racially, ethnically or otherwise objectionable, or infringes our or any third-party’s intellectual property or other rights, (ii) is derogatory or harmful to our reputation, the reputation of our licensors, affiliated healthcare providers, affiliated healthcare practices, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence, or other unlawful activity; or (iv) is harmful to children in any manner; or (iv) attempts to obtain the personal information of other users
Harm, harass, threaten, abuse, defame, demean, discriminate against, or intimidate any affiliated health care provider who provides health care services related to the Services, as we determine in our sole discretion disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Website or Platform or any computer network.
Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by SimpleFix wlc or any of our service providers to protect the Website and Platform
remove, delete, alter,or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services.
Use any manual process or automated device to monitor or copy any content made available on or through the Website or Platform for any unauthorized purpose except as permitted herein to transmit, or procure 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 copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to SimpleFix wlc or third-party content from the Website or Platform
Otherwise use the Services, Website, or Platform in any manner that exceeds the scope of use granted herein
Encourage or enable any other individual to do any of the foregoing
Disclaimer of Warranties
You expressly agree that use of the Services is at your sole risk. You acknowledge and agree that the Services are provided on an “as is” and “as available” basis. SimpleFix wlc’s and its affiliates, including without limitation all affiliated physician practices and their respective officers, directors, managers, partners, members, employees, and agents (collectively “Related Persons”) make no representations or warranties and expressly disclaim any and all warranties of any kind, whether express or implied, with respect to the Services including, but not limited to, any particular use or purpose, non-infringement, title, availability, security, operability, condition, quiet enjoyment, value, the accuracy of data, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery or system integration. We make no warranties or representations that your use of the Services will not infringe the rights of third parties. To the fullest extent of applicable law, neither SimpleFix wlc’s nor its Related Persons will be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness, timeliness, reliability or usefulness of the Services,. Furthermore, SimpleFix wlc’s does not guarantee that the Services will be uninterrupted, or free from error, defect, loss, delay in operation, corruption, cyber-attack, viruses, interference, hacking, malware, or other security intrusions, and SimpleFix wlc disclaims any liability relating thereto.
You understand and agree that any content, material, and/or information obtained through the use of the Services are used at your sole risk, and you will be solely responsible for any damage to your computer or mobile phone or loss of data that results from the download of such content, material and/or information or your reliance on any such content, material and or information.
SimpleFix wlc reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account. SimpleFix wlc may take appropriate legal action, including without limitation, referral to law enforcement and/or third parties in the investigation, for any suspected or alleged illegal or unauthorized use of the Website or any crime or civil wrong.
Except as may be provided in the Privacy Policy or prohibited by applicable law, SimpleFix wlc reserves the right at all times to disclose any information as SimpleFix wlc deems necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post or to remove any information or materials, in whole or in part, in SimpleFix wlc’s sole discretion.
YOU WAIVE AND HOLD HARMLESS SIMPLEFIX WLC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SIMPLEFIX WLC/ANY OF THE FOREGOING PARTIES DURING OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Right to Monitor
SimpleFix wlc reserves the right to monitor general use of the Services at any time as it deems appropriate and to remove and edit any materials that, in SimpleFix wlc’s sole discretion, may be illegal, may subject SimpleFix wlc to liability, may violate this Agreement, or are, in the sole discretion of SimpleFix wlc, inconsistent with SimpleFix wlc’s purpose for the Services.
Third-Party Goods and Services
Parties other than SimpleFix wlc, including Pharmacy, Medical Group, and Providers (collectively, “Third-Parties”) provide services or sell products through the Services, and SimpleFix wlc may also make available to you for purchase certain services, devices, items, or products manufactured, distributed or sold by Third-Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and 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. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for and shall exercise caution, discretion, common sense, and judgment in using the Services and disclosing personal information.
You agree that SimpleFix wlc shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Services, 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 SimpleFix wlc is under no obligation to become involved in such dispute, and you hereby release and indemnify SimpleFix wlc, its affiliates and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “SimpleFix wlc 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 Services or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
External Links
The Platform and Website may contain links to third-party websites. Linked websites are not under the control of SimpleFix wlc, and SimpleFix wlc is not responsible for the content of any linked website. Links are provided as a convenience only, and a link does not imply that SimpleFix wlc endorses, sponsors, or is affiliated with the linked website. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. These Terms and Conditions do not apply to other websites. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. SimpleFix wlc disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked websites.
Terms of Sale
All products offered for sale by SimpleFix wlc are subject to availability, and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. We do not offer any refunds or returns. In the event of an error, we reserve the right to correct the error (for example, a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from a Third-Party) and revise your order accordingly (which includes charging the correct price) or to refuse or cancel the order and refund any amount charged. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Price changes will not affect any order for products you have already placed.
You will be asked to input your payment information including your credit card number and billing address. Providing SimpleFix wlc this information will be considered authorization for SimpleFix wlc, its affiliates, and/or contractors to charge the amount due. You agree to pay all fees due for services requested. You are responsible for any applicable sales, use, duty, customs, or other governmental taxes, levies, or fees (“Taxes”) due with respect to your purchase of products or services through our Services. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
Only valid payment methods acceptable to us may be used to complete a purchase via the Website. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, and (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes, and other applicable charges associated with the products that are included in the shipment. In connection with any purchase you make through the service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number, and/or your email address. By submitting such information, you grant SimpleFix wlc without charge the irrevocable, unencumbered, universe-wide, and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Website, sellers on the Website) for the purpose of facilitating the transaction.
All credit card, debit card, and other monetary transactions on or through the Website occur through an online payment processing application(s) accessible through the Website. This online payment processing application(s) is provided by SimpleFix wlc’s third-party online payment processing vendor. Additional information about the processing vendor, its privacy policy, and its information security measures (collectively, the “Vendor Policies”) can be made available upon request. Reference is made to the Vendor Policies for informational purposes only and is in no way incorporated into or made a part of this Agreement or our Privacy Policy. SimpleFix wlc’s relationship with the processing vendor, if any, is merely contractual in nature, as the vendor is nothing more than a third-party vendor to SimpleFix wlc, and is in no way subject to SimpleFix wlc’s direction or control; thus, their relationship is not, and should not be construed as, one of the fiduciaries, franchisors-franchisees, agents-principals, employers- employees, partners, joint venturers or the like.
You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Website, the risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
Your placement of an order does not necessarily ensure that we will accept your order. We may require additional information regarding your order if you have not provided all the information required by us to complete the order. Once a properly completed order and authorization of your form of payment is received, we will process your order and product for shipment. If for some reason, we determine that we cannot ship your product(s) within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. We do not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on our Website.
We reserve the right to remedy User issues and concerns on a case-by-case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.
Refund Policy
Due to legal restrictions, SimpleFix wlc cannot accept returns of prescription medications for reuse or resale. However, if you feel that we made an error in filling your prescription, please contact us
at information@simplefixrx.com as soon as possible. It is our goal to provide the very best service, and we will immediately do everything in our power to correct any mistakes. If you need to dispose of any medication, please consult the following FDA Link: Where and How to Dispose of Unused Medicines
Exchanges
With that said, we want you to receive high-quality products that are ready to use. That means we will replace items if they are defective or damaged. If you need to exchange an item for the same item, send us an email at information@SimpleFixwlc.com, and we’ll coordinate with you on how to exchange your order.
Termination
SimpleFix wlc may terminate your use of the Services or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if our agreement with the Medical Groups or Pharmacy terminates, or if we discontinue the Services.
The provisions of this Agreement concerning the Services’ security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of disputes, indemnity, and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with SimpleFix wlc. You agree that if your use of the Services is terminated pursuant to this Agreement, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all SimpleFix wlc Parties harmless from any and all liability that any such SimpleFix wlc Parties may incur with respect thereto.
Except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to health records), we have no obligation, whether before or after the termination of your use of the Services, to return or otherwise provide to you or any third party on your behalf any content, any information you provide to us, any information your Providers provided to us about or relating to you, or any other information that we may have that relates to you.
Disclaimers
Content and other information contained on the Website is provided by SimpleFix wlc as a convenience. The Website may include inadvertent inaccuracies, errors, or information or materials that violate these Terms and Conditions. Any information presented as of a particular date may only be accurate as of such date, and we disclaim any responsibility to update such information. Additionally, the possibility exists that a third party could make unauthorized alterations to the content or features such as typographical errors, inaccuracies, or other errors and that unauthorized additions, deletions, and alterations of the Website. In the event that an inaccuracy arises, please inform SimpleFix wlc so that it can be corrected. SimpleFix wlc shall have no responsibility or liability for information or content posted to the Website from any non-SimpleFix wlc affiliated third party. Although we attempt to ensure the integrity of the Website, we make no guarantees as to its completeness or correctness. Users relying on the content or other information from the Website do so at their own risk.
SimpleFix wlc reserves complete and sole discretion with respect to the operation of the Website, Platform, and Services. We may withdraw, suspend, or discontinue any functionality or feature of the Website or the Platform among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carriers. We are not responsible for maintaining information arising from the use of the Website, Platform, or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Website or the Platform in accordance with our internal record retention and/or destruction policies.
Force Majeure
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disasters.
Indemnification
You agree to defend, indemnify, and hold the SimpleFix wlc Parties and any third-party offering products or services through the Website harmless from and against any and all suits (no matter whether at law or equity), demands, actions, claims, proceedings, damages, causes of action, actions, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from (i) your use or misuse of the Website, Platform, Services, or any information posted on the Website or Platform ;
(ii) your breach of this Agreement or Privacy Policy; (iii) the content or subject matter of any information you provide to SimpleFix wlc, any Provider, or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Website, Platform, Services, or any information on the Website or Platform, including without limitation, infringement of third-party intellectual property rights, privacy rights, or negligent or wrongful conduct. We reserve the right to direct the defense of any third-party claim for which we are entitled to indemnification, and you agree to cooperate with us as we reasonably request.
Notices
SimpleFix wlc may provide you with notices regarding the Services or this Agreement via email, a posted notice on the Website, Platform, or regular mail, at its sole discretion.
Electronic Communications
When you access or use the Website or Platform or send emails, messages, and other communications from your desktop or mobile device to us, the Medical Group, or its Providers, you are communicating with us, the Medical Group, and its Providers electronically. You consent to receive communications from us, the Medical Group, and its Providers electronically. SimpleFix wlc may request further information from you, and you agree to provide such further information to ensure that you have not fraudulently created your account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Website, Platform, and Services until you provide the information to us as requested. We will communicate with you via telephone, mail, email, or the Website or Platform. To stop receiving communications through email, text messages, mobile push notifications, or phone calls, you may
email information@simplefixrx.com or otherwise use the available procedures provided in the communications we sent to you and withdraw your consent. 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.
You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.
Entire Agreement
This Agreement, as well as any other agreements SimpleFix wlc may post on the Website or that you and SimpleFix wlc may execute from time to time, constitute the entire agreement between SimpleFix wlc and you in connection with your use of the Services, superseding any prior agreements between SimpleFix wlc and you regarding use of the Services, including previous versions of this Agreement.
Binding Arbitration
If you bring an issue to our customer service department, we will try to work with you in good faith to resolve any issue you have with the Website, including without limitation, Services ordered or purchased through the Website. However, we recognize that there may be a few instances in which we are unable to resolve an issue to the satisfaction of a customer.
You agree that any dispute concerning, relating or referring to the use of the SimpleFix wlc Sevices, Website, or Platform, the physicians, the pharmacies, or any related parties or medical group or provider shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural)Texas law and will take place in Austin, Texas. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionably, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Please understand that you (and we) are waiving our right to a trial by jury by agreeing to these terms and conditions. This arbitration provision shall survive termination of this Agreement and any other contractual relationship between you and SimpleFix wlc.
How to Contact Us
Please contact us by email at support@simplefixrx.com