Terms and Conditions

WEBSITE TERMS AND CONDITIONS

AMONG OTHER ACTIVITIES, SLIM DOWN MD’S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTHCARE PROVIDER. SLIM DOWN MD’S SERVICES DO NOT REPLACE YOUR RELATIONSHIP WITH ANY MEDICAL SERVICE PROVIDER. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR MEDICAL SERVICE PROVIDER OR DIAL 911.

PLEASE READ THESE WEBSITE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY SET FORTH IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.

BY ACCESSING OR USING THE WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE WEBSITE TERMS AND CONDITIONS. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE WEBSITE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE OR ANY SERVICES PROVIDED ON OR THROUGH THE WEBSITE.

THE WEBSITE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

INTRODUCTION

Slim Down MD PLLC, a Washington professional limited liability company, and its affiliates (“Slim Down MD”) owns and operates the website located at http://SlimDownMD.com (the “Website”). The Website is intended to facilitate the provision of the Services to registered users. The “Services” may include may include (i) providing individuals with information on health care and wellness (“Content”); (ii) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and pharmacy services; (iii) administrative support in connection with scheduling, and payment for health care provider services; and (iv) telecommunications support for using the Services as a means of direct access to health care providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers.

These terms and conditions of use (“Terms and Conditions”) describe your rights and responsibilities with regard to the Slim Down MD Website that you may use to receive Services. Your access to and use of the Website is subject to these Terms and Conditions, our Privacy Policy, and all applicable laws and regulations. In these Terms and Conditions, the terms “you” and “yours” refer to the person using the Services. Even though you may have arrived to the Website through a website or mobile application operated or controlled by a third party, you understand and agree that these Terms and Conditions are entered into between you and Slim Down MD. If you do not accept and agree to be bound by these Terms and Conditions, you are not authorized to access or otherwise use the Website, Services or any information or Content provided through the Website or Services. The Website and Services are continually under development, and Slim Down MD reserves the right to review or remove any part of these Terms and Conditions in its sole discretion at any time and without prior notice to you. You should check the Terms and Conditions from time to time when you use the Website or Services to determine if any changes have been made. Any changes to these Terms and Conditions are effective upon posting to the Website. Unless otherwise indicated, any new Content added to the Services is also subject to these Terms and Conditions upon posting to the Website. If you disagree with these Terms and Conditions, your sole and exclusive remedy is to discontinue your use of the Website and/or Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

AVAILABILITY

Certain of our Services are currently only available to individuals located in certain states (“States Where We Operate”). For the current list of States Where We Operate, please visit weight loss consultation

ELIGIBILITY

In order to qualify to use the Services, you must (i) be over the age of 18, (ii) be located in a State Where we Operate, and (iii) agree to be bound by and comply with these Terms and Conditions. By using the Website or purchasing Services, you represent and warrant to Slim Down MD that you meet these eligibility requirements.

You understand and agree that satisfying the above requirements does not guarantee that you will receive Services through the Slim Down MD Website. In addition to the above requirements, Slim Down MD and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

REQUIREMENTS FOR USE

You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Website. Fees and charges may apply to your use of the mobile services and to the Internet.

SPECIAL CONSENT TO TELEHEALTH SERVICES

Telemedicine 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. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to (i) Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider; (ii) Interactions between a patient and health care provider via audio, video, and/or data communications; and (iii) Use of output data from medical devices, sound, and video files.

PRIVACY POLICY

Slim Down MD understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy for a description of how we may collect and use your personal information. In addition, if you receive certain Services, you may receive documents from a healthcare provider or an affiliated professional entity that describe how these entities may use and disclose your medical information and how you may access that information. The Privacy Policy and any and all notices you receive from affiliated professional entities are hereby incorporated into these Terms and Conditions by reference.

YOUR RELATIONSHIP WITH SLIM DOWN MD

The health and wellness resources made available through our Services are not a substitute for direct in person health care services in all cases. By accepting these Terms and Conditions, you agree and consent to Slim Down MD, Slim Down MD’s affiliated healthcare providers or professional entities sending you disclosures, notices, messages, reports and other electronic communications. It is your responsibility to monitor these communications. You are solely responsible for reviewing any communications related to the Services and the implementation of any treatment recommendations provided in connection with the Services.

You should confer and discuss with any physician or other licensed medical professional that you are under the current care of regarding the advisability of performing any activities discussed on the Website or receiving the Services. You should not use the Content provided on the Website or in connection with the Services to diagnose or treat a health problem or disease without consulting with a licensed healthcare provider, including those affiliated with Slim Down MD. If you are currently under the care of a healthcare professional or using prescription medications, you should not discontinue such care or medication without first consulting your physician or licensed healthcare provider. If you require medical assistance, you will contact your physician or healthcare provider or call 911 if it is an emergency.

A healthcare provider consulting with you through the Services will only receive the information provided by you or observed by the healthcare provide through electronic, voice, or video communication, as applicable. You are solely responsible for providing all relevant facts and information that may affect a healthcare provider’s potential diagnosis or treatment recommendation. You should provide all relevant information and discuss any and all diagnosis and treatment options with a healthcare provider. In some states, a healthcare provider may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By using the Services and accessing the Website, you acknowledge and agree that (i) any diagnosis you receive is a limited telehealth service, (ii) the healthcare services are not intended to replace a full medical evaluation or in-person visit with a healthcare provider from time-to-time, and (iii) the absence of a physical examination may affect the healthcare provider’s ability to diagnose any potential condition, disease, or injury.

SITE CONTENT

Except for direct, private communications received from an affiliate healthcare provider or professional entity providing the Services, none of the Content you receive through the Website should be considered personal medical advice.

REGISTRATION AND USER ACCOUNTS

Although certain parts of the Website are accessible by any individual, to secure the right to access and use the certain pages of the Website, you must register with and create a personal user account with Slim Down MD through the Website (“User Account”), as well as further acknowledge your acceptance of and agreement to these Terms and Conditions and those additional terms, conditions and policies referenced herein, as Slim Down MD may require from time-to-time. As part of the registration process, you may be required to satisfy certain conditions precedent imposed by Slim Down MD (including, for example, providing additional information to Slim Down MD, and entering into additional agreements with Slim Down MD or affiliated healthcare providers or professional entities). Unless otherwise permitted by Slim Down MD in writing, you may only have one (1) non-transferable User Account.

You are responsible for all activity that occurs under your User Account and are prohibited from authorizing or allowing any third party to access or use your User Account. Accordingly, you should take all steps necessary to protect and keep secret your User Account details and access information (including your login name and password). You should also maintain accurate, complete, and up-to-date information in your User Account (including, without limitation, maintaining a valid and current payment method and e-mail address) because your failure to do so may result in your inability to access, use and/or receive all or any part of the Website and/or Slim Down MD’s termination of this Agreement. For security purposes, you shall immediately notify Slim Down MD if you suspect a third party has gained access to or is using your User Account without authorization. For the avoidance of doubt, Slim Down MD has the unencumbered right to access and use, and to allow its agents, employees, representatives, contractors, and vendors to access and use, the information in your User Account in order to facilitate the exercise and performance of Slim Down MD’s rights and obligations under this Agreement, the operation of the Website and/or any other the rights, obligations and services related to the subject matter of these Terms and Conditions (including, without limitation, payments, and communications).

If you fail to comply with any terms or conditions of this section regarding Registration and User Accounts (whether intentionally or unintentionally), then you accept full responsibility for the consequences thereof (including, without limitation, any unauthorized charges and payments, any unauthorized changes to your User Account information and settings and any unauthorized access or use of your User Account), and agree to indemnify, release and hold harmless Slim Down MD and Slim Down MD’s officers, directors, members, managers, owners, partners, agents, employees, representatives, affiliates, successors, assigns, contractors, vendors and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorney fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with your failure to comply with such terms or conditions.

Slim Down MD may take any and all actions it deems necessary or reasonable to maintain the security of the Website, Services and your Secure User account. You acknowledge and agree that: (1) all or any part of the Website may not be accessible at any time, for any period, or for any reason; and (2) Slim Down MD will not be liable if for any reason all or any part of the Website are unavailable at any time or for any period.

SECURITY

Accessing the Website in an unsecure manner may undermine security features that are intended to protect your protected health information from unauthorized or unintended disclosure. As a result, you may compromise your protected health information if you use the Website on a mobile phone that has been modified or in another unsecured manner.

ACCESS RIGHTS AND PROHIBITED USE

Subject to your compliance with these Terms and Conditions, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Website and to use the Services solely for your personal and non-commercial use and only as permitted under these Terms and Conditions and the Privacy Policy. No other right, title, or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by Slim Down MD or its licensors. We reserve the right, in our sole discretion, to deny or suspend use of the Website or Services to anyone for any reason. you agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the Website or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Website; (d) 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 our Website, or any other system, device, or property; (e) access or use the Website in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website, Services or related materials in any way; (g) use or access the Website to create or develop competing products or services or for any other purpose that is to Slim Down MD’s detriment or commercial disadvantage; (h) take any action or use the Website in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Website or any Content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Website or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Slim Down MD or any of our service providers to protect our Website; (k) 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 our Website or any Content made available to you on or through our Website; (l) use any manual process or automated device to monitor or copy any Content made available on or through our Website for any unauthorized purpose except as permitted by this section; (m) 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 Slim Down MD or third-party content from the Website; (n) otherwise use the Website in any manner that exceeds the scope of use granted above; or (o) encourage or enable any other individual to do any of the foregoing.

OWNERSHIP OF INFORMATION SUBMITTED VIA THE WEBSITE

With the exception of any personal data or information you submit that is maintained in accordance with our Privacy Policy (which may be governed by 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”) or related state-specific privacy laws and regulations), you understand and agree that any information you provide to Slim Down MD on or through the Website or Services, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Slim Down MD and/or its affiliated professional entities, or individual health providers utilizing the Services.

Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. Slim Down MD shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Slim Down MD via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

For any personal data or information subject to the foregoing exception, and to the extent permitted by law, you: (1) understand and agree that any such information provided by you may be used, copied or displayed by Slim Down MD, and Slim Down MD may provide such data to our service providers, our successors and assigns, and affiliated health care providers, and their affiliated professional entities, in performance of their services; and (2) grant Slim Down MD, our service providers, our successors and assigns, and affiliated health care providers, and their affiliated professional entities, the fully transferable and sublicenseable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Website for the purposes of providing services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Slim Down MD using such data.

OWNERSHIP OF SITE CONTENT

As between Slim Down MD and you, Slim Down MD is the sole and exclusive owner of all right, title and interest in and to the Website and its Content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. you are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on our Website except as generally and ordinarily permitted through the Website according to these Terms and Conditions. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Website or Content shall be owned solely and exclusively by Slim Down MD or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Website or Content.

TRADEMARKS

Certain names, logos, and other materials displayed in and through the Website may constitute trademarks, trade names, service marks or logos (“Marks”) of Slim Down MD. You are not authorized to use any such Marks without the express written permission of Slim Down MD. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.

LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITE

The Website may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Sites, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Website.

You may have arrived to the Website through a Linked Site. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms and Conditions will apply to your use of or access to the Website.

TERMINATION

The Terms and Conditions will remain in full force and effect as long as you continue to access or use the Website or Services. You may terminate the Terms and Conditions at any time by discontinuing use of the Website. Your permission to use the Website automatically terminates if you violate these Terms and Conditions.

Slim Down MD may terminate or suspend any of the rights granted by these Terms and Conditions and your access to and use of the Website or Services with or without prior notice, for any reason, and at any time. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment.

Subject to applicable law, Slim Down MD reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website pursuant to its internal record retention and/or content destruction policies. After such termination, Slim Down MD will have no further obligation to provide the Services, except to the extent an affiliated professional entity or healthcare provider is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical and professional obligations to you. You agree that if your use of the Website is terminated pursuant to these Terms and Conditions, you will not attempt to use the Website in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold Slim Down MD harmless from any and all liability that Slim Down MD may incur therefore.

PAYMENT

You understand and agree that you are responsible for all fees due to receive health care services, including any fees charged by the health care organization(s) or provider(s). Your payments to Slim Down MD may include fees charged by affiliated health care organization(s) or provider(s) for health care services, which Slim Down MD collects on their behalf. Any health care services not made available through the Services are not included in the payments collected by Slim Down MD and you may be separately charged by the applicable health care providers for such services. In the event that your credit card expires or Slim Down MD, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Slim Down MD and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services unless and until full payment has been received and/or verified.

All credit card, debit card and other monetary transactions on or through the Website may occur through an online payment processing application that is provided by a third-party vendor(s) and accessible through the Website. Slim Down MD’s relationship with its third-party payment processing vendor(s), if any, is merely contractual in nature, as it is nothing more than a third-party vendor and is in no way subject to Slim Down MD’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, contractors or the like.

Slim Down MD has the right to refuse its products and services (including, without limitation, the Website, and any products and services offered by Slim Down MD) if it suspects that you are in any way involved in fraudulent or illegal activity, including, but not limited to, the use of stolen credit cards or prescription medication fraud. Slim Down MD may contact your payment method issuer, law enforcement, or others and share information relating to your payments if Slim Down MD believes doing so will prevent a violation of the law or financial loss.

If you provide Slim Down MD with your payment information, then you authorize Slim Down MD to do the following as Slim Down MD deems necessary, although Slim Down MD has no obligation to do so: (a) share your payment information with affiliated professional entities providing healthcare services, especially if you purchase any products or services from such affiliated professional entities on or through the Website; (b) share your payment information with the third-party payment processing vendor(s); and (c) obtain your updated payment information from your payment issuer, the third-party payment processing vendor(s) and/or applicable third-party providers.

You agree that you are responsible for all amounts that accrue under your account(s) with Slim Down MD, an affiliated professional entity or healthcare provider, the third-party payment processing vendor(s) and/or other third parties on or through the Website. You also agree to be responsible for all payments, fines, penalties and other liabilities incurred by any such person or entity that arises out of or relates to payments that you authorize or accept on or through the Website, including, without limitation, all fees, penalties, taxes and duties; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.

To the fullest extent permitted by law, you agree to waive all claims against Slim Down MD related to any unauthorized payments made on or through your account(s) with Slim Down MD, Slim Down MD’s third-party payment processing vendor(s), any affiliated professional entity providing Services or any other third parties and/or any other person or entity, regardless of whether they are authorized or unauthorized.

ELECTRONIC COMMUNICATIONS

You hereby expressly consent to Slim Down MD sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters or other informational purposes) via any electronic means or forms as Slim Down MD deems appropriate in its sole discretion, whether through the Website, through your User Account, by personal communication, by e-mail, by automatic telephone dialing system, by artificial or prerecorded voice, by online social media, by text message (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) or by other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for purchase or license of any Slim Down MD products or services. You may opt-out of receiving any electronic communications by following the opt-out instructions in any such communications received or in your User Account.

COPYRIGHT INFRINGEMENT

Slim Down MD respects the copyrights of others, and prohibits users from uploading, posting, distributing, or otherwise transmitting any materials on or through the Website, or from engaging in any activities on or through the Website, which violate the copyrights of others. It is the policy of Slim Down MD to terminate, and Slim Down MD reserves the right to terminate without penalty or recourse, in appropriate circumstances the right of any User Account (which may include, without limitation, you) to access, register with, and use the Website who is a repeat copyright infringer. If Slim Down MD becomes aware that a user who is not a subscriber or account holder (which may also include, without limitation, you) is a repeat copyright infringer, then it is the policy of Slim Down MD to take reasonable steps within its power to terminate, and Slim Down MD reserves the right to terminate without penalty or recourse, in appropriate circumstances the right of that user to access and use the Website. The following procedures shall apply in the event that you or another person or entity alleges that the reproduction, public performance, public display, digital transmission, or other use of a work found on the Website infringes your copyright, the copyright of said person or entity, or any other intellectual property right owned by you or said person or entity. These procedures are intended to comply with 17 U.S.C. § 512 and any other applicable laws. By visiting, accessing, registering with, or using the Website, you are automatically agreeing to comply with the following procedures.

To report any materials on Website that violate the copyrights of others, you must send Slim Down MD a written communication that includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To report any information location tools (e.g., hyperlinks) on the Website that refer or link users to an online location containing infringing material or infringing activity, you must send Slim Down MD a written communication that includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any material you have uploaded, posted, distributed, or otherwise transmitted on the Website has been removed by mistake or misidentification, and if you have the right to upload, post, distribute or otherwise transmit the material at issue, then you may send Slim Down MD a written communication that includes substantially the following:

  • A physical or electronic signature of the subscriber;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.

The foregoing written communications (i.e., the above-described takedown notice, and the above-described counter-notice) must be sent to the following designated agent of Slim Down MD: Dinh Tran, e-mail: drdinhtran@SlimDownMD.com.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND ANY SERVICES ARE PROVIDED THROUGH THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SLIM DOWN MD AND ITS AFFILIATED PROFESSIONAL ENTITIES AND THEIR MANAGERS, 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 WEBSITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, 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 WEBSITE OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER SLIM DOWN MD NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE WEBSITE. FURTHERMORE, SLIM DOWN MD DOES NOT GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND SLIM DOWN MD DISCLAIMS ANY LIABILITY RELATING THERETO.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE ARE USED AT YOUR SOLE RISK AND THAT 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.

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL SLIM DOWN MD, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY SERVICES PROVIDED THROUGH THE WEBSITE, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE. THIS IS TRUE EVEN IF SLIM DOWN MD OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Slim Down MD, its affiliated professional entities, managers, members, employees, contractors, licensors, suppliers, agents, successors, and assigns, harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the Website in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these Terms and Conditions.

FEDERAL PROGRAMS

The Website is not for use by beneficiaries of Medicare, Medicaid, TRICARE, or other State or Federal healthcare programs (collectively, the “Programs”) for covered services. Slim Down MD cannot accept payment from you for covered services provided to beneficiaries of Programs. By using the Website, you represent and warrant to Slim Down MD and its affiliated healthcare providers and professional entities that you are not a beneficiaries of a Program and/or you are not using the Website to access covered services.

MODIFICATIONS TO THE WEBSITE

Slim Down MD reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Website or Services or any portion thereof, with or without notice. You agree that Slim Down MD shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Services.

GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE; SEVERABILITY OF PROVISIONS

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SLIM DOWN MD

These Terms and Conditions and your use of the Website shall be governed by the laws of the State of Kansas, without giving effect to the principles of conflict of laws. Any legal action brought to enforce or construe these Terms and Conditions shall be brought in the courts located in Sedgwick County, Kansas, and you hereby agree to the jurisdiction of such courts and agree that you will not invoke the doctrine of forum non conveniens or other similar defenses.

You agree that all claims pursued against each Slim Down MD will be on an individual basis. To that end, you hereby waive your right to commence, to become a party to, or to remain a participant in, any group, representative, class, collective, or hybrid class/collective action in any court, arbitration proceeding, or any other forum, against Slim Down MD. Any claim by or against Slim Down MD shall be heard without joinder of parties or consolidation of such claim with any other person or entity’s claim, except as otherwise agreed to in writing by Slim Down MD.

All parts of these Terms and Conditions apply to the maximum extent permitted by law. Slim Down MD and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms and Conditions will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

NO WAIVER

No waiver by Slim Down MD of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Slim Down MD to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

REMEDIES

You agree that any violation, or threatened violation, by you of these Terms and Conditions constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Verify your eligibility by selecting your state below:

*If you state is not listed, it is not eligible for the program.