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1059 lines
110 KiB
Vue
<template>
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<section id="termsCon" class="section-py landing-faq mt-0 pb-5">
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<div class="container">
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<div class="row gy-5" id="termsCon">-
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<div class="col-lg-12">
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<!-- <div class="mb-4 text-dark">
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<h class="mb-1"><span></span></h>
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<div class="col-lg-12 mb-4 text-dark">
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<h1 class="text-dark mb-1"><b>HGH Terms and Conditions</b></h1>
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<p>Last revised December 19, 2022</p>
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</div>
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</div>
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<p>
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These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and
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properties (e.g., websites and mobile applications) owned and controlled by HGH Medical, P.A.
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(“HGH Medical”) regarding online telehealth medical consultations and secure messaging between
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HGH Medical physicians and other healthcare professionals (individually the “Provider” and
|
||
collectively the “Providers”) and their patients. (See Section 20 for supplemental terms
|
||
applicable to Providers.) The professional medical services (which are provided by HGH Medical)
|
||
and the non-clinical Site services (which are provided by HGH) are collectively referred to in
|
||
this Terms of Use as the “Services”. The terms “you” and “your” means you, your dependent(s) if
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any, and any other person accessing your HGH Account.
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||
</p>
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<p>
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<b>
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Your acceptance of, and compliance with, these Terms of Use is a condition to your use of
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the
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Site and Services and purchase of Products. By clicking “accept”, you acknowledge that you
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||
have
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read, understand, and accept all terms and conditions contained within these Terms of Use,
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||
the Notice of Privacy Practices provided to you by the HGH Medical, and our Privacy Policy.
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If
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||
you do not agree to be bound by these terms, you are not authorized to access or use this
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Site
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or Services; promptly exit this Site.
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||
</b><br>
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<b>Binding Arbitration.</b> These Terms of Use provide that all disputes between you and HGH
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||
that in
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||
any way relate to these Terms of Use or your use of the Site will be resolved by BINDING
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||
ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A
|
||
CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your
|
||
rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims
|
||
cannot be brought as a class action. Please review the Section below entitled <b>Dispute
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||
Resolution; Arbitration Agreement</b>
|
||
the details regarding your agreement to arbitrate any disputes with HGH.
|
||
</p> -->
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||
<div>
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<h1
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style="margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:23pt;font-weight: 700;">
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<span style="font-family:Arial">HGH Terms and Conditions</span>
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||
</h1>
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||
<p style="margin-top:14pt; margin-bottom:14pt; text-align:center"><span
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||
style="font-family:Arial">Last revised December 19, 2022</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">These terms and
|
||
conditions of use (“Terms of Use”) govern your use of our online interfaces and
|
||
properties (e.g., websites and mobile applications) owned and controlled by</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH Medical, P.A.
|
||
(“HGH Medical”) regarding online telehealth medical consultations and secure messaging
|
||
between HGH Medical physicians and other healthcare professionals (individually the
|
||
“Provider” and collectively the “Providers”) and their patients. (See Section 20 for
|
||
supplemental terms applicable to Providers.) The professional medical services (which
|
||
are provided by HGH Medical) and the non-clinical Site services (which are provided by
|
||
HGH) are collectively referred to in this</span><span
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||
style="font-family:Arial"> </span><span style="font-family:Arial">Terms of
|
||
Use</span><span style="font-family:Arial"> </span><span
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||
style="font-family:Arial">as the “Services”. The terms “you” and “your” means you, your
|
||
dependent(s) if any, and any other person accessing your HGH Account.</span></p>
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||
<p style="margin-top:14pt; margin-bottom:14pt; font-size:12pt"><span
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||
style="font-family:Arial; font-size:12pt">Your acceptance of, and compliance with, these
|
||
Terms of Use is a condition to your use of the Site and Services and purchase of
|
||
Products. By clicking “accept”,</span><span
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||
style="font-family:Arial; font-size:12pt"> </span><span
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||
style="font-family:Arial; font-size:12pt">you acknowledge that you have read,
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||
understand, and accept all terms and conditions</span><span
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||
style="font-family:Arial; font-size:12pt"> </span><span
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||
style="font-family:Arial; font-size:12pt">contained within these Terms of Use,
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the</span><span style="font-family:Arial; font-size:12pt"> </span><a href="#"
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style="text-decoration:none"><span
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||
style="font-family:Arial; font-size:12pt; color:#000000">Notice of Privacy
|
||
Practices</span></a><span
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||
style="font-family:Arial; font-size:12pt"> </span><span
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||
style="font-family:Arial; font-size:12pt">provided to you by the</span><span
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||
style="font-family:Arial; font-size:12pt"> </span><span
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||
style="font-family:Arial; font-size:12pt">HGH Medical, and our</span><span
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||
style="font-family:Arial; font-size:12pt"> </span><a href="#"
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||
style="text-decoration:none"><span
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||
style="font-family:Arial; font-size:12pt; color:#000000">Privacy
|
||
Policy</span></a><span style="font-family:Arial; font-size:12pt">. If you do not
|
||
agree to be bound by these terms, you are not authorized to access or use this Site or
|
||
Services; promptly exit this Site.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">Binding
|
||
Arbitration.</span><span style="font-family:Arial"> </span><span
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||
style="font-family:Arial">These Terms of Use provide that all disputes between you and
|
||
HGH that in any way relate to these Terms of Use or your use of the Site will be
|
||
resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO
|
||
COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under
|
||
these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a
|
||
judge or jury and your claims cannot be brought as a class action. Please review the
|
||
Section below entitled</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">Dispute Resolution; Arbitration Agreement</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">the details
|
||
regarding your agreement to arbitrate any disputes with HGH.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
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||
style="font-family:Arial; font-size:16.5pt">1. Privacy Practices</span></h5>
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||
<p style="margin-top:14pt; margin-bottom:14pt; font-size:12pt"><span
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||
style="font-family:Arial; font-size:12pt">You agree that information provided by you in
|
||
connection with the Services and Site shall be governed by the</span><span
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||
style="font-family:Arial; font-size:12pt"> </span><span
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||
style="font-family:Arial; font-size:12pt">HGH</span><span
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||
style="font-family:Arial; font-size:12pt"> </span><a
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||
href="https://hgh.codelfi.com/privacy-policy/" style="text-decoration:none"><span
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||
style="font-family:Arial; font-size:12pt; color:#000000">Privacy
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||
Policy</span></a><span style="font-family:Arial; font-size:12pt">,</span><span
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style="font-family:Arial; font-size:12pt"> </span><span
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||
style="font-family:Arial; font-size:12pt">which is hereby incorporated and made a part
|
||
of this Agreement. You agree that information provided by you in connection with the
|
||
Services shall also be governed by the HGH Medical</span><span
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||
style="font-family:Arial; font-size:12pt"> </span><a href="#"
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||
style="text-decoration:none"><span
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||
style="font-family:Arial; font-size:12pt; color:#000000">Notice of Privacy
|
||
Practices</span></a><span
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||
style="font-family:Arial; font-size:12pt"> </span><span
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||
style="font-family:Arial; font-size:12pt">,</span><span
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||
style="font-family:Arial; font-size:12pt"> </span><span
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||
style="font-family:Arial; font-size:12pt">and is hereby incorporated and made a part of
|
||
this Agreement.</span><span style="font-family:Arial; font-size:12pt"> </span></p>
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||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
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||
style="font-family:Arial; font-size:16.5pt">2. Services Provided – No Medical Care or
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||
Advice by HGH</span></h5>
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||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">We offer an
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||
online communication platform for Providers and their patients to connect via the Site
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||
through the use of synchronous and asynchronous telecommunications technologies. The
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||
Site facilitates communication between patients and Providers.</span></p>
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||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">HGH does not
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||
provide medical advice or care. HGH contracts with</span><span
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||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH Medical, an
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||
independent, physician-owned medical group with a network of United States based
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||
Providers who provide clinical telehealth services.</span><span
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||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH
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||
Medical</span><span style="font-family:Arial"> </span><span
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||
style="font-family:Arial">Providers deliver clinical services via the HGH platform to
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||
their patients. Providers are independently contracted or employed by the</span><span
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||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH Medical.
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||
Providers are not contracted or employed by HGH. The Providers, and not HGH, are
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||
responsible for the quality and appropriateness of the care they render to you.</span>
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||
</p>
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||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">The Providers are
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||
independent of HGH and are merely using the Site as a way to communicate with you. Any
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||
information or advice received from a Provider comes from them alone, and not from HGH.
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Your interactions with the providers via the Site are not intended to take the place of
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||
your relationship with your regular health care practitioners or primary care physician.
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||
Neither HGH, nor any of its subsidiaries or affiliates or any third party who may
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promote the Site or Service or provide a link to the Service, shall be liable for any
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||
professional advice obtained from a Provider via the Site or Service, nor any
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||
information obtained on the Site. HGH does not recommend or endorse any specific
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||
Providers, tests, physicians, medications, products, or procedures. You acknowledge that
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||
your reliance on any Providers or information delivered by the Providers via the Site or
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||
Service is solely at your own risk and you assume full responsibility for all risks
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||
associated herewith.</span><span style="font-family:Arial"> </span></p>
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||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">HGH does not make
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||
any representations or warranties about the training or skill of any Providers who
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deliver services via the Site or Service. You will be provided with available Providers
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||
based solely on the information you submit to the Site. You are ultimately responsible
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||
for choosing your particular Provider.</span></p>
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||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">The content of
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||
the Site and the Services, including without limitation, text, copy, audio, video,
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||
photographs, illustrations, graphics, and other visuals, is for informational purposes
|
||
only and does not constitute professional medical advice, diagnosis, treatment, or
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||
recommendations of any kind by HGH. You should always seek the advice of your qualified
|
||
health care professionals with any questions or concerns you may have regarding your
|
||
individual needs and any medical conditions. All information provided by HGH, or in
|
||
connection with any communications supported by HGH, is intended to be for general
|
||
information purposes only, and is in no way intended to create a provider-patient
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||
relationship as defined by state or federal law. While HGH facilitates your selection
|
||
of, and communications with, Providers, HGH does not provide medical services, and the
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||
doctor-patient relationship is between you and the</span><span
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||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH
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||
Medical</span><span style="font-family:Arial"> </span><span
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||
style="font-family:Arial">Provider you select.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
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||
style="font-family:Arial; font-size:16.5pt">Not for Emergencies</span></h5>
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||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
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||
style="font-family:Arial; font-size:16.5pt">IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY,
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||
YOU SHOULD DIAL “911” IMMEDIATELY.</span><span
|
||
style="font-family:Arial; font-size:16.5pt"> </span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">HGH’s Site and
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||
Services are</span><span style="font-family:Arial"> </span><span
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||
style="font-family:Arial">not</span><span style="font-family:Arial"> </span><span
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||
style="font-family:Arial">for medical emergencies or urgent situations. You should not
|
||
disregard or delay to seek medical advice based on anything that appears or does not
|
||
appear on the Site. If you believe you have an emergency, call 9-1-1 immediately</span>
|
||
</p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">You should seek
|
||
emergency help or follow up care when recommended by a Provider or when otherwise
|
||
needed. You should continue to consult with your primary provider and other healthcare
|
||
professionals as recommended. Always seek the advice of a physician or other qualified
|
||
healthcare provider concerning questions you have regarding a medical condition and
|
||
before stopping, starting, or modifying any treatment or modification.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">Risks of Telehealth Services</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">By using the
|
||
Services, you acknowledge the potential risks associated with telehealth services. These
|
||
include but are not limited to the following: information transmitted may not be
|
||
sufficient (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
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||
protect the privacy and security of health information, those protocols could fail
|
||
causing a breach of privacy of your health information.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">Prescription Policy</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">Neither HGH nor
|
||
HGH Medical endorse any specific medication, pharmacy, or pharmacologic product. If a
|
||
Provider prescribes a medication, he/she will limit supply based upon state regulations
|
||
and will only prescribe a medication as determined in his/her own discretion and
|
||
professional judgment. There is no guarantee a prescription will be written. Providers
|
||
reserve the right to deny care for actual or potential misuse of the Services.</span>
|
||
</p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">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.
|
||
HGH and HGH Medical fully honor patient freedom of choice and, if you receive a
|
||
prescription for a medication, you always have the option to instruct HGH Medical to
|
||
transmit that prescription to the pharmacy of your choice.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">Not an Insurance Product</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">Neither HGH nor
|
||
HGH Medical are insurers. The Services are not insurance products, and the amounts you
|
||
pay to HGH or HGH Medical are not insurance premiums. If you desire any type of health
|
||
or other insurance, you will need to purchase such insurance separately.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">3. Availability of Services</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">HGH and HGH
|
||
Medical operate 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 Site
|
||
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 Site or Services from jurisdictions where
|
||
content is illegal, or where we do not offer Services, is prohibited.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">4. Ordering and Purchasing of Services or
|
||
Products</span></h5>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">Order Acceptance and Shipment</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">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 completed. 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 determined 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 Site.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">Typographical Errors and Incorrect
|
||
Pricing</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">In the event a
|
||
Product or Service is listed at an incorrect price due to typographical error or error
|
||
in pricing information received from a third party, we shall have the right to refuse or
|
||
cancel any orders placed for the Products and/or Service(s) listed at the incorrect
|
||
price. 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.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">Risk of Loss</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">All Products
|
||
purchased from our Site are delivered to shipment carriers. The risk of loss and title
|
||
for such Products pass to you when they are delivered to the carrier.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">Return Policy</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">You may return
|
||
Products in accordance with our</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">Returns Policy</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">posted on our
|
||
Site.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">Online Payments</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">You can purchase
|
||
services on the Site. We accept credit and debit cards issued by U.S. banks. If a credit
|
||
card account is being used for a transaction, HGH may obtain preapproval for an amount
|
||
up to the amount of the payment. If you enroll to make recurring payments automatically,
|
||
all charges and fees will be billed to the credit card you designate during the setup
|
||
process. If you want to designate a different credit card or if there is a change in
|
||
your credit card, you must change your information online. This may temporarily delay
|
||
your ability to make online payments while we verify your new payment
|
||
information.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">You represent and
|
||
warrant that if you are making online payments that (a) any credit card, debit card and
|
||
bank account information you supply is true, correct, and complete, (b) charges incurred
|
||
by you will be honored by your credit/debit card company or bank, (c) you will pay the
|
||
charges incurred by you in the amounts posted, including, without limitation, any
|
||
applicable taxes, and (d) you are the person in whose name the card was issued and you
|
||
are authorized to make a purchase or other transaction with the relevant credit card and
|
||
credit card information.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">5. Eligibility; Site Access, Security and
|
||
Restrictions; Passwords</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">In order to
|
||
access the Site and the Services, you represent and warrant that you are older than 18
|
||
years old. You agree to fully, accurately, and truthfully create your HGH Account
|
||
(“Account”), including but not limited to your name, mailing address, phone number,
|
||
email address, and password, which become your HGH ID and credentials. The HGH ID and/or
|
||
credentials are personal to you, and you are solely responsible for maintaining the
|
||
confidentiality of your HGH ID and/or credentials, and for all activities that occur
|
||
under such HGH ID and/or credentials. You agree to prohibit anyone else from using your
|
||
HGH ID and/or credentials and agree to immediately notify HGH of any actual or suspected
|
||
unauthorized use of your HGH ID and/or credentials or other security concerns of which
|
||
you become aware.</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">Your access to the Site may be revoked by</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">at any time with
|
||
or without cause.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">You are
|
||
prohibited from violating or attempting to violate the security of the Site, including,
|
||
without limitation: (a) accessing data not intended for such user or logging onto a
|
||
server or an account which the user is not authorized to access; (b) attempting to
|
||
probe, scan, or test the vulnerability of a system or network or to breach security or
|
||
authentication measures without proper authorization; or (c) accessing or using the Site
|
||
or any portion thereof without authorization, in violation of these Terms of Use or in
|
||
violation of applicable law.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">You may not use
|
||
any scraper, crawler, spider, robot, or other automated means of any kind to access or
|
||
copy data on the Site, deep-link to any feature or content on the Site, bypass our robot
|
||
exclusion headers, or other measures we may use to prevent or restrict access to the
|
||
Site. Violations of system or network security may result in civil or criminal
|
||
liability.</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">HGH</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">will investigate occurrences that may involve such violations
|
||
and may involve, and cooperate with, law enforcement authorities in prosecuting users
|
||
who are involved in such violations. You agree not to use any device, software, or
|
||
routine to interfere or attempt to interfere with the proper working of this Site or any
|
||
activity being conducted on this Site.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">6. Electronic Communications</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">When you use the
|
||
Site or Services, or send e-mails, messages, and other communications from your desktop
|
||
or mobile device to us, you are communicating with us electronically. You consent to
|
||
receive communications from us electronically. 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.</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH and HGH
|
||
Medical may contact you by telephone, mail, or email to verify your Account information.
|
||
HGH and HGH Medical 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 Site and the Services until you provide the information to us as requested.</span>
|
||
</p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">7. Consent to Receive Calls</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">By providing your
|
||
phone number, you are agreeing to be contacted by or on behalf of HGH and HGH Medical at
|
||
the number you have provided, including calls and text messages, to receive
|
||
informational, Services related (e.g., progress tracking, prescription fulfillment,
|
||
appointment reminders, etc.) and marketing communications relating to the Site and
|
||
Services. You can opt-out of receiving further calls and text messages from us by going
|
||
to the following link</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">opt-out.</span><span
|
||
style="font-family:Arial"> </span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">Please note, that
|
||
by withdrawing your consent, some Site features and certain Services may no longer be
|
||
available to you.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">8. Ownership Of The Site And Related
|
||
Materials;</span><span style="font-family:Arial; font-size:16.5pt"> </span><span
|
||
style="font-family:Arial; font-size:16.5pt">Additional Restrictions</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">All pages within
|
||
this Site and any material made available for download are the property of HGH, or its
|
||
licensors or suppliers, as applicable. The Site is protected by United States and
|
||
international copyright and trademark laws.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">Subject to these
|
||
Terms of Use and the payment of all applicable fees, HGH grants you a revocable, non
|
||
transferable (except as provided below), personal, nonexclusive license to use the
|
||
object code version of the Site. All rights not expressly granted to you in these Terms
|
||
of Use are reserved and retained by</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">or its licensors,
|
||
suppliers, publishers, rights holders, or other content providers. Neither the Site and
|
||
Services, nor any part of the Site and Services, may be reproduced, duplicated, copied,
|
||
sold, resold, visited, or otherwise exploited for any commercial purpose without express
|
||
written consent of</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">HGH. You may not frame or utilize framing techniques to
|
||
enclose any trademark, logo, or other proprietary information (including images, text,
|
||
page layout, or form) of</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">HGH</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">without express written consent. You may not use any meta tags
|
||
or any other “hidden text” utilizing</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH’s</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">name or
|
||
trademarks without the express written consent of</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH. You may not
|
||
misuse the Site or Services. You may use the Site and Services only as permitted by
|
||
law.</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">The content of the Site, including without limitation the
|
||
files, documents, text, photographs, images, audio, and video, and any materials
|
||
accessed through or made available for use or download through this Site may not be
|
||
copied, distributed, modified, reproduced, published, or used, in whole or in part,
|
||
except for purposes authorized or approved in writing by</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH. You may not
|
||
frame or utilize framing techniques to enclose, or deep linking to, any name,
|
||
trademarks, service marks, logo, content, or other proprietary information (including,
|
||
without limitation, images, text, page layout, or form) of</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">without our
|
||
express written consent.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">9. No Users Under 18 Years Old</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt; font-size:12pt"><span
|
||
style="font-family:Arial; font-size:12pt">The Site and Services are only for users of
|
||
the age of 18. If you are under the age of 18, please do not attempt to register with us
|
||
at this Site or provide any personal information about yourself to us. If we learn that
|
||
we have collected personal information from someone under the age of 18, we will
|
||
promptly delete that information. If you believe we have collected personal information
|
||
from someone under the age of 18, please contact us at</span><span
|
||
style="font-family:Arial; font-size:12pt"> </span><a
|
||
href="mailto:support@hgh.codelfi.com" style="text-decoration:none"><span
|
||
style="font-family:Arial; font-size:12pt; color:#000000">support@hgh.codelfi.com</span></a><span
|
||
style="font-family:Arial; font-size:12pt"> </span><span
|
||
style="font-family:Arial; font-size:12pt">or call us at (456) 111-4568</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">10. Accuracy of Information;
|
||
Functionality</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span
|
||
style="font-family:Arial">Although</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">attempts to
|
||
ensure the integrity and accurateness of the Site and Service descriptions, it makes no
|
||
representations, warranties, or guarantees whatsoever as to the correctness or accuracy
|
||
of the Site, Service descriptions and other content on the Site. It is possible that the
|
||
Site could include typographical errors, inaccuracies or other errors, and that
|
||
unauthorized additions, deletions, and alterations could be made to the Site by third
|
||
parties. In the event that an inaccuracy arises, please inform</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">so that it can be
|
||
corrected. Information contained on the Site may be changed or updated without notice.
|
||
Additionally,</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">HGH</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">shall have no responsibility or liability for information or
|
||
content posted to the Site from any non-HGH</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">affiliated third
|
||
party.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">HGH and HGH
|
||
Medical each reserves complete and sole discretion with respect to the operation of the
|
||
Site and the Services. We may withdraw, suspend, or discontinue any functionality or
|
||
feature of the Site or the Services among other things. We are not responsible for
|
||
transmission errors, corruption, or compromise of information carried over local or
|
||
interchange telecommunications carrier. We are not responsible for maintaining
|
||
information arising from use of the Site or with respect to the Services. We reserve the
|
||
right to maintain, delete, or destroy all communications or information posted or
|
||
uploaded to the Site or the Services in accordance with our internal record retention
|
||
and/or destruction policies.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">11. Links to Other Sites</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">HGH</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">makes no
|
||
representations whatsoever about any other website that you may access through this
|
||
Site. When you access a non-HGH</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">site, please understand that it is independent
|
||
from</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">HGH, and that</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">has no control
|
||
over the content on that website. In addition, a link to a non-HGH</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">website does not
|
||
mean that</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">HGH</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">endorses or accepts any responsibility for the content, or the
|
||
use, of the linked site. 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. If you decide to access any of the third party
|
||
sites linked to this Site, you do this entirely at your own risk.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">12. User Information</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">If you submit,
|
||
upload, post, or transmit any health information, medical history, conditions, problems,
|
||
symptoms, personal information, consent forms, agreements, requests, comments, ideas,
|
||
suggestions, information, files, videos, images, or other materials to us or our Site
|
||
(“User Information”), you agree not to provide any User Information that (a) is false,
|
||
inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing,
|
||
fraudulent, pornographic, or harmful, or that could encourage criminal or unethical
|
||
behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress,
|
||
trade secrets, or intellectual property rights of any person or entity, or (c) contains
|
||
or transmits a virus or any other harmful component. You agree not to contact other Site
|
||
users through unsolicited e-mail, telephone calls, mailings, or any other method of
|
||
communication. You represent and warrant to</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">and</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH
|
||
Medical</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">that you have the legal right and authorization to provide all
|
||
User Information to</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">HGH</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">and</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">HGH Medical</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">for use as set
|
||
forth herein and required by</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">HGH</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">and the</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH
|
||
Medical</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">Provider.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">HGH
|
||
and/or</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">HGH Medical</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">may de-identify
|
||
your information such that it is no longer considered protected health information or
|
||
personally identifiable information. HGH and/or</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH
|
||
Medical</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">may disclose, aggregate, sell, or otherwise use such
|
||
de-identified information to third parties for analytics, research, or other
|
||
purposes.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">You agree not to:
|
||
(i) access the Site or use the Services in any unlawful way or for any unlawful purpose;
|
||
(ii) post or transmit (1) a message under a false name, or (2) any data, materials,
|
||
content, or information (including, without limitation, advice, and recommendations)
|
||
(collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent,
|
||
false, or contrary to the ownership or intellectual property rights of any other person,
|
||
or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other
|
||
computer programing or code that is designed or intended to damage, destroy, intercept,
|
||
download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the
|
||
Services, personal information, software, equipment, servers, or Information or
|
||
facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your
|
||
identity or falsely state or misrepresent your affiliation with a person or entity; (iv)
|
||
tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or
|
||
proper function of the Site or the Services; (v) use robots or scripts with the Site;
|
||
(vi) attempt to reverse engine, reverse assemble, reverse compile, decompile,
|
||
disassemble, translate, or otherwise alter, defraud, or create false results from any
|
||
executable code, information on, or received by this Site; (vii) to have any antivirus
|
||
or antispyware software running that is set to override the internet browser’s cookies
|
||
setting; (viii) incorrectly identify the sender of any message transmitted to HGH; (ix)
|
||
alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or
|
||
collect personal health information about any other individual who uses the Site or the
|
||
Services; and (xi) infringe or facilitate infringement on any copyright, patent,
|
||
trademark, trade secret, or other proprietary, publicity, or privacy rights of any
|
||
party, including but not limited to, such rights of third parties.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">You agree to
|
||
defend, indemnify, and hold harmless</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH,</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH
|
||
Medical,</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">and the Providers from and against all third party claims,
|
||
damages, and expenses (including, but not limited to, reasonable attorneys’ fees)
|
||
against or incurred by</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">us</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">arising out of any User Information you upload to or transmit
|
||
through the Site or any breach of this Section 12.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">13. Claims of Copyright Infringement</span>
|
||
</h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">We disclaim any
|
||
responsibility or liability for copyrighted materials posted on our Site. If you believe
|
||
that your work has been copied in a manner that constitutes copyright infringement,
|
||
please follow the procedures set forth below.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">HGH</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">respects the
|
||
intellectual property rights of others and expects its users to do the same. In
|
||
accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly
|
||
to notices of alleged infringement that are reported to</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH’s Designated
|
||
Copyright Agent, identified below.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">Notices of Alleged Infringement for Content
|
||
Made Available on the Site</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">If you are a
|
||
copyright owner, authorized to act on behalf of one, or authorized to act under any
|
||
exclusive right under copyright, please report alleged copyright infringements taking
|
||
place on or through our Site by sending us a notice (“Copyright Notice”) complying with
|
||
the following requirements.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">1. Identify the
|
||
copyrighted works that you claim have been infringed.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">2. Identify the
|
||
material or link you claim is infringing (or the subject of infringing activity) and
|
||
that access to which is to be disabled, including at a minimum, if applicable, the URL
|
||
of the link shown on the Site where such material may be found.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">3. Provide your
|
||
mailing address, telephone number, and, if available, email address.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">4. Include both
|
||
of the following statements in the body of the Copyright Notice:</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">“I hereby state
|
||
that I have a good faith belief that the disputed use of the copyrighted material is not
|
||
authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”</span>
|
||
</p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">“I hereby state
|
||
that the information in this Copyright Notice is accurate and, under penalty of perjury,
|
||
that I am the owner, or authorized to act on behalf of the owner, of the copyright or of
|
||
an exclusive right under the copyright that is allegedly infringed.”</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt;"><span style="font-family:Arial">5. Provide your
|
||
full legal name and your electronic or
|
||
physical signature.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">14. Intellectual Property</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">With the
|
||
exception of your electronic medical record, HGH and HGH Medical, as applicable, retain
|
||
all right, title, and interest in and to the Site, the Services and any information,
|
||
products, documentation, software, or other materials on the Site, and any patent,
|
||
copyright, trade secret, trademark, service mark, or other intellectual property, or
|
||
proprietary right in any of the foregoing, except for information on the Site licensed
|
||
by HGH or HGH Medical (in that case, the license provider retains all right, title, and
|
||
interest therein). The information available through the Site and the Services is the
|
||
property of HGH or HGH Medical, as applicable. You agree not to store, copy, modify,
|
||
reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish,
|
||
broadcast, display, or circulate such information to anyone. Use, reproduction, copying,
|
||
or redistribution of HGH or HGH Medical trademarks, service marks, and logos are
|
||
strictly prohibited without the prior written permission of HGH or HGH Medical, as
|
||
applicable. The immediately foregoing sentence also applies to any third party
|
||
trademarks, service marks, and logos posted on the Site. Nothing contained on the Site
|
||
should be construed as granting, by implication, estoppel, waiver, or otherwise, any
|
||
license or right to use any trademarks, service marks, or logos displayed on the Site
|
||
without the written grant thereof by HGH, HGH Medical, or the third party owner of such
|
||
trademarks, service marks, and/or logos. The Site may contain other proprietary notices
|
||
and copyright information, the terms of which you agree to follow.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">HGH may delete
|
||
any information provided by you that it deems in its sole discretion fraudulent,
|
||
abusive, defamatory, obscene, or in violation of copyright, trademark, or other
|
||
intellectual property or ownership right of any other person or entity.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">15. CAN-SPAM Act and Telephone Consumer
|
||
Protection Act Compliance</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">HGH
|
||
and</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">HGH Medical</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">are committed to
|
||
being compliant with the Controlling the Assault of Non-Solicited Pornography and
|
||
Marketing Act (“CAM-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You
|
||
consent to receive text messages from us as set forth in Section 7, above (Consent to
|
||
Receive Calls and Text Messages). Emails, newsletters, and text messages received from
|
||
us are intended to fully comply with the CAM-SPAM ACT and the TCPA. In the event you
|
||
receive an email or text message from us which you do not believe is fully compliant
|
||
with the CAN-SPAM ACT or the TCPA, please contact us immediately at the address listed
|
||
below under the section “How to Contact Us.”</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">You shall not use
|
||
or permit any of your employees, agents, or affiliates to market, promote, or solicit
|
||
HGH products or services in ways that would violate the CAN-SPAM ACT, the TCPA or any
|
||
other laws. You shall not: (a) infringe on the rights of others; distribute chain
|
||
letters or unsolicited bulk electronic mail (“spamming”); (b) propagate computer worms
|
||
or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any site
|
||
or network; or (e) infringe copyrights, trademarks, or other intellectual property
|
||
rights.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">You further agree
|
||
to comply with U.S. export laws concerning the transmission of technical data and
|
||
regulated materials via the Internet. You agree to indemnify and hold HGH and its
|
||
affiliates harmless for any and all acts found or suspected to be in violation hereof.
|
||
You shall indemnify and hold HGH and its affiliates harmless against and from losses,
|
||
damages, costs, and reasonable attorney fees incurred in defending or resolving any
|
||
suits brought against HGH or any of its affiliates by anyone arising out of any alleged
|
||
violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be
|
||
terminated for any of the above infractions.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">16. Disclaimer of Warranties</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">HGH DOES NOT
|
||
WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
|
||
DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION
|
||
CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS,
|
||
WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
|
||
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
|
||
PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT.
|
||
HGH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION
|
||
OBTAINED THROUGH THE SITE.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">YOU ASSUME TOTAL
|
||
RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED
|
||
WEBSITES. HGH DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF
|
||
VIRUSES, WORMS,</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE
|
||
RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK
|
||
UP AND SECURITY.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">WARRANTIES
|
||
RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY HGH ARE SUBJECT TO
|
||
SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY HGH OR THIRD PARTIES WITH OR
|
||
IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. HGH DOES NOT GUARANTEE THAT
|
||
THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU.</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial"> YOU ACKNOWLEDGE
|
||
AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR SITE MAY
|
||
RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. HGH DOES NOT ACCEPT ANY LIABILITY FOR
|
||
THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR
|
||
SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY INJURY OR
|
||
DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR
|
||
FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">17. Limitation of Liability Regarding Use of
|
||
Site</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">EXCEPT AS
|
||
PROVIDED BY LAW, AND WITHOUT LIMITATION:</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">HGH SHALL NOT BE
|
||
LIABLE FOR THE ACTS OR OMISSIONS OF</span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH
|
||
MEDICAL</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">OR THE PROVIDERS. HGH AND ANY THIRD PARTIES MENTIONED ON THIS
|
||
SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
|
||
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING,
|
||
WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS
|
||
INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES,
|
||
CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER
|
||
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED
|
||
OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE,
|
||
SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE
|
||
SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT
|
||
ENFORCEABLE, THE MAXIMUM LIABILITY OF HGH TO YOU WITH RESPECT TO YOUR USE OF THIS SITE
|
||
IS $500 (FIVE HUNDRED DOLLARS).</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY
|
||
LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">18. No Third Party Rights</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">Unless expressly
|
||
stated in the Terms of Use to the contrary, nothing herein is intended to confer any
|
||
rights or remedies on any persons other than you, HGH, HGH Medical, and their
|
||
affiliates. Nothing in the Terms of Use is intended to relieve or discharge the
|
||
obligation or liability of any third persons to you, HGH, HGH Medical, and its
|
||
affiliates, nor shall any provision give any third parties any right of subrogation or
|
||
action over against you, HGH, HGH Medical, and its affiliates.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">19. Assignment</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">You may not
|
||
assign, transfer, or delegate the Terms of Use or any part thereof without HGH’s prior
|
||
written consent. HGH may freely transfer, assign, or delegate all or any part of the
|
||
Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be
|
||
binding upon and inure to the benefit of the heirs, successors, and permitted assignees
|
||
of the parties.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">20. Supplemental Terms Applicable to
|
||
Providers</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">These
|
||
supplemental terms apply to Providers in addition the other provisions of these Terms of
|
||
Use. In the event of a conflict between the supplemental terms and any other terms
|
||
herein, the supplemental terms shall prevail.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">To be a
|
||
healthcare provider using the Site (for purposes of this Section 20, “Provider” or
|
||
“you”) you must be a licensed physician, nurse practitioner, or healthcare professional
|
||
contracted or employed by HGH Medical, and must agree to comply with all laws, medical
|
||
board rules, and other rules and regulations applicable to you as a Provider or
|
||
otherwise. Your relationship with the HGH users (including, but not limited to, your HGH
|
||
Medical patients) is directly between you and the patient.</span><span
|
||
style="font-family:Arial"> </span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">The patient will
|
||
never have a physician-patient relationship with HGH. HGH does not practice medicine and
|
||
offers no medical services. As set forth more fully below, Provider is solely
|
||
responsible for all agreements, consents, notices, and other interactions with patients
|
||
and other consumers. Without limiting the generality of the foregoing, Provider and HGH
|
||
Medical is solely responsible for all billings and collections from patients and other
|
||
consumers, and HGH shall have no liability whatsoever to Provider with respect to any
|
||
amounts owed by any patient or other consumer to Provider.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">HGH does not
|
||
provide any medical advice, legal advice, or representations in any way regarding any
|
||
legal or medical issues associated with Provider, goods, or services offered by
|
||
Provider, including but not limited to any compliance obligations or steps necessary to
|
||
comply with any state or federal laws and regulations. Provider should seek legal
|
||
counsel regarding any legal and compliance issues, and should not rely on any materials
|
||
or content associated with the Services in determining Provider’s compliance obligations
|
||
under law. Provider and HGH agree that HGH is not providing, to Customer or anyone else,
|
||
medical advice or legal advice.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">Provider will use
|
||
the Site and Services only in accordance with applicable standards of good medical
|
||
practice. While software products such as the Site and Services can facilitate and
|
||
improve the quality of service that Provider can offer patients, many factors, including
|
||
but not limited to the provider/patient relationship can affect a patient outcome, and
|
||
with intricate and interdependent technologies and complex decision-making it is often
|
||
difficult or impossible to accurately determine what the factors were and in what
|
||
proportion they affected an outcome. Provider shall be solely responsible for its use of
|
||
the Site and Services, and the provision of medical services to Provider’s patients. In
|
||
this regard, Provider releases HGH and waives any and all potential claims against HGH
|
||
as a result of Provider’s use of the Site and Services, and the provision of services to
|
||
Provider’s patients.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">As a result of
|
||
the complexities and uncertainties inherent in the patient care process, Provider agrees
|
||
to defend, indemnify and hold HGH harmless from any claim by or on behalf of any patient
|
||
of Provider, or by or on behalf of any other third party or person claiming damage by
|
||
virtue of a familial or financial relationship with such a patient, which is brought
|
||
against HGH, regardless of the cause if such claim arises for any reason whatsoever, out
|
||
of Provider’s use or operation of the Site and Services.</span><span
|
||
style="font-family:Arial"> </span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">To the extent
|
||
applicable, Provider will obtain HGH’s prior written consent to any settlement or
|
||
judgment in which Provider agrees to any finding of fault of HGH or defect in the Site
|
||
or Services.</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">HGH will promptly
|
||
notify Provider in writing of any claim subject to this indemnification, promptly
|
||
provide Provider with the information reasonably required for the defense of the same,
|
||
and grant to Provider exclusive control over its defense and settlement.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">If you submit,
|
||
upload, transmit, or post any consents, notices, advice, recommendations, comments,
|
||
files, videos, images, or other materials to us or our Site (“Provider Content”) or
|
||
provide any Provider Content to patients or other consumers, you agree not to provide
|
||
any Provider Content that (a) is defamatory, abusive, libelous, unlawful, obscene,
|
||
threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage
|
||
criminal or unethical behavior, (b) violates or infringes the privacy, copyright,
|
||
trademark, trade dress, trade secrets, or intellectual property rights of any person or
|
||
entity, or (c) contains or transmits a virus or any other harmful component. Provider is
|
||
solely responsible for obtaining all necessary agreements and consents from, and
|
||
providing all required notices to, patients and other consumers.</span><span
|
||
style="font-family:Arial"> </span><span
|
||
style="font-family:Arial"> </span><span style="font-family:Arial">You agree not to
|
||
contact other users through unsolicited e-mail, telephone calls, mailings, or any other
|
||
method of communication. You represent and warrant to HGH that you have the legal right
|
||
and authorization to upload all Provider Content at the Site. HGH shall have a
|
||
royalty-free, irrevocable, transferable right and license to use the Provider Content
|
||
however HGH desires, including without limitation, to copy, modify, delete in its
|
||
entirety, adapt, publish, translate, create derivative works from and/or sell and/or
|
||
distribute such Provider Content and/or incorporate such Provider Content into any form,
|
||
medium, or technology throughout the world. HGH is and shall be under no obligation: (i)
|
||
to maintain any Provider Content in confidence; (ii) to pay to you any compensation for
|
||
any Provider Content; or (iii) to respond to any Provider Content.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">HGH does not
|
||
regularly review Provider Content, but does reserve the right (but not the obligation)
|
||
to monitor and edit or remove any Provider Content submitted to the Site. You grant HGH
|
||
the right to use the name that you submit in connection with any Provider Content. You
|
||
agree not to use a false email address, impersonate any person or entity, or otherwise
|
||
mislead as to the origin of any Provider Content. You are and shall remain solely
|
||
responsible for the content of any Provider Content you post to the Site or provide to
|
||
patients or other consumers. HGH and its affiliates take no responsibility and assume no
|
||
liability for any Provider Content submitted by you or any third party.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">21. Dispute Resolution; Arbitration
|
||
Agreement</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">We will try work
|
||
in good faith to resolve any issue you have with Site, including without limitation,
|
||
Products and Services ordered or purchased through the Site, if you bring that issue to
|
||
the attention of our customer service department. However, we realize that there may be
|
||
rare cases where we may not be able to resolve an issue to a customer’s
|
||
satisfaction.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">You and HGH agree
|
||
that any dispute, claim, or controversy arising out of or relating in any way to these
|
||
Terms of Use or your use of the Site, including without limitation, Products and
|
||
Services ordered or purchased through the Site, shall be determined by binding
|
||
arbitration instead of in courts of general jurisdiction. Arbitration is more informal
|
||
than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a
|
||
judge or jury, and is subject to very limited review by courts. Arbitration allows for
|
||
more limited discovery than in court, however, we agree to cooperate with each other to
|
||
agree to reasonable discovery in light of the issues involved and amount of the claim.
|
||
Arbitrators can award the same damages and relief that a court can award, but in so
|
||
doing, the arbitrator shall apply substantive law regarding damages as if the matter had
|
||
been brought in court, including without limitation, the law on punitive damages as
|
||
applied by the United States Supreme Court. You agree that, by agreeing to these Terms
|
||
of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of
|
||
this provision, and that you and HGH are each waiving the right to a trial by jury or to
|
||
participate in a class action. This arbitration provision shall survive termination of
|
||
these Terms of Use and any other contractual relationship between you and HGH.</span>
|
||
</p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">If you desire to
|
||
assert a claim against HGH, and you therefore elect to seek arbitration, you must first
|
||
send to HGH, by certified mail, a written notice of your claim (“Notice”). The Notice to
|
||
HGH should be addressed to: HGH, Inc., Attn: Legal Dept., 8133 Ardrey Kell Rd, Suite
|
||
201,</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">Charlotte, NC 28277 (“Notice Address”). If HGH desires to
|
||
assert a claim against you and therefore elects to seek arbitration, it will send, by
|
||
certified mail, a written Notice to the most recent address we have on file or otherwise
|
||
in our records for you. A Notice, whether sent by you or by HGH, must (a) describe the
|
||
nature and basis of the claim or dispute, and (b) set forth the specific relief sought
|
||
(“Demand”). If HGH and you do not reach an agreement to resolve the claim within 30 days
|
||
after the Notice is received, you or HGH may commence an arbitration proceeding or file
|
||
a claim in small claims court. During the arbitration, the amount of any settlement
|
||
offer made by HGH or you shall not be disclosed to the arbitrator. You may download or
|
||
copy a form Notice and a form to initiate arbitration from the American Arbitration
|
||
Association at www.adr.org. If you are required to pay a filing fee, after HGH receives
|
||
notice at the Notice Address that you have commenced arbitration, it will promptly
|
||
reimburse you for your payment of the filing fee, unless your claim is for more than US
|
||
$10,000.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">The arbitration
|
||
will be governed by the Commercial Arbitration Rules and the Supplementary Procedures
|
||
for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration
|
||
Association (“AAA”), as modified by these Terms of Use, and will be administered by the
|
||
AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at
|
||
1-800-778-7879, or by requesting them from us by writing to us at the Notice Address.
|
||
The arbitrator is bound by the terms of these Terms of Use. All issues are for the
|
||
arbitrator to decide, including, but not limited to, issues relating to the scope and
|
||
enforceability of these Terms of Use, including, but not limited to, this arbitration
|
||
agreement. Unless HGH and you agree otherwise, any arbitration hearings will take place
|
||
in Charlotte, NC. (If you reside outside of the United States, any arbitration hearings
|
||
will take place in your country of residence at a location reasonably convenient to you,
|
||
but will remain subject to the AAA Rules including, but not limited to, the AAA rules
|
||
regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we
|
||
agree that you may choose whether the arbitration will be conducted solely on the basis
|
||
of documents submitted to the arbitrator, through a telephonic hearing, or by an
|
||
in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the
|
||
right to a hearing will be determined by the AAA Rules. Regardless of the manner in
|
||
which the arbitration is conducted, the arbitrator shall issue a reasoned written
|
||
decision sufficient to explain the essential findings and conclusions on which the award
|
||
is based. If the arbitrator issues you an award that is greater than the value of HGH’s
|
||
last written settlement offer made before an arbitrator was selected (or if HGH did not
|
||
make a settlement offer before an arbitrator was selected), then HGH will pay you the
|
||
amount of the award or US $1,000, whichever is greater. Except as expressly set forth
|
||
herein, the payment of all filing, administration, and arbitrator fees will be governed
|
||
by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any.
|
||
However, if any party prevails on a statutory claim that affords the prevailing party
|
||
attorneys’ fees, or if there is a written agreement providing for payment or recovery
|
||
attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under
|
||
the standards for fee shifting provided by law.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">YOU AND HGH AGREE
|
||
THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY,
|
||
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
|
||
PROCEEDING. Further, unless both you and HGH agree otherwise, the arbitrator may not
|
||
consolidate more than one person’s claims with your claims, and may not otherwise
|
||
preside over any form of a representative or class proceeding. The arbitrator may award
|
||
declaratory or injunctive relief only in favor of the individual party seeking relief
|
||
and only to the extent necessary to provide relief warranted by that party’s individual
|
||
claim.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">If the
|
||
arbitration terms and conditions of this Section 21 are found to be unenforceable, then
|
||
(i) the entirety of this arbitration provision shall be null and void, but the remaining
|
||
provisions of these Terms of Use shall remain in full force and effect, and (ii)
|
||
exclusive jurisdiction and venue for any claims will be in state or federal courts
|
||
located in and for</span><span style="font-family:Arial"> </span><span
|
||
style="font-family:Arial">Charlotte, North Carolina</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">22. Force Majeure</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt; font-size:12pt"><span
|
||
style="font-family:Arial; font-size:12pt">We will not be deemed to be in breach of these
|
||
terms or liable for any breach of these terms or our</span><span
|
||
style="font-family:Arial; font-size:12pt"> </span><a
|
||
href="https://hgh.codelfi.com/privacy-policy/" style="text-decoration:none"><span
|
||
style="font-family:Arial; font-size:12pt; color:#000000">privacy
|
||
policy</span></a><span style="font-family:Arial; font-size:12pt"> </span><span
|
||
style="font-family:Arial; font-size:12pt">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 disaster.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">23. Indemnification</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt; font-size:12pt"><span
|
||
style="font-family:Arial; font-size:12pt">You agree to defend, indemnify, and hold
|
||
harmless</span><span style="font-family:Arial; font-size:12pt"> </span><span
|
||
style="font-family:Arial; font-size:12pt">HGH,</span><span
|
||
style="font-family:Arial; font-size:12pt"> </span><span
|
||
style="font-family:Arial; font-size:12pt">HGH Medical,</span><span
|
||
style="font-family:Arial; font-size:12pt"> </span><span
|
||
style="font-family:Arial; font-size:12pt">and any affiliates from and against any and
|
||
all rights, demands, losses, liabilities, damages, claims, causes of action, actions,
|
||
and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any
|
||
kind whatsoever arising directly or indirectly out of or in connection with: (i) your
|
||
use or misuse of the Site,</span><span
|
||
style="font-family:Arial; font-size:12pt"> </span><span
|
||
style="font-family:Arial; font-size:12pt">Products,</span><span
|
||
style="font-family:Arial; font-size:12pt"> </span><span
|
||
style="font-family:Arial; font-size:12pt">Services or any information posted on the
|
||
Site; (ii) your breach of the Terms of Use or</span><span
|
||
style="font-family:Arial; font-size:12pt"> </span><a
|
||
href="https://hgh.codelfi.com/privacy-policy/" style="text-decoration:none"><span
|
||
style="font-family:Arial; font-size:12pt; color:#000000">Privacy
|
||
Policy</span></a><span style="font-family:Arial; font-size:12pt">; (iii) the content
|
||
or subject matter of any information you provide to</span><span
|
||
style="font-family:Arial; font-size:12pt"> </span><span
|
||
style="font-family:Arial; font-size:12pt">HGH,</span><span
|
||
style="font-family:Arial; font-size:12pt"> </span><span
|
||
style="font-family:Arial; font-size:12pt">HGH Medical, or 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 Site, Products, Services, or any information on the Site, including
|
||
without limitation, infringement of third party intellectual property rights, privacy
|
||
rights, or negligent or wrongful conduct.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">24. Application Support;
|
||
Functionality</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt; font-size:12pt"><span
|
||
style="font-family:Arial; font-size:12pt">All questions and requests relating to Site
|
||
support must be directed to HGH. To submit a support request, please email us
|
||
at</span><span style="font-family:Arial; font-size:12pt"> </span><a
|
||
href="mailto:support@hgh.codelfi.com" style="text-decoration:none"><span
|
||
style="font-family:Arial; font-size:12pt; color:#000000">support@hgh.codelfi.com</span></a><span
|
||
style="font-family:Arial; font-size:12pt"> </span><span
|
||
style="font-family:Arial; font-size:12pt">or call us at (456) 111-4568. The Select Third
|
||
Parties, as defined in Section 26, are not responsible for providing support for the
|
||
application portions of the Site and may not be contacted for support. HGH will use
|
||
commercially reasonable efforts to respond to questions and provide support during 9:00
|
||
a.m. ET through 9:00 p.m. ET.</span><span
|
||
style="font-family:Arial; font-size:12pt"> </span><span
|
||
style="font-family:Arial; font-size:12pt">Please note that we may change or remove
|
||
functionality and other features of the Site at any time, without notice.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">25. Modified Devices and Operating
|
||
Systems</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">HGH will have no
|
||
liability for errors, unreliable operation, or other issues resulting from use of the
|
||
Site on or in connection with rooted or jail broken devices or use on any mobile device
|
||
that is not in conformance with the manufacturer’s original specifications, including,
|
||
but not limited to, use of modified versions of the operating system (collectively,
|
||
“Modified Devices”). Use of the Site on Modified Devices will be at your sole and
|
||
exclusive risk and liability.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">26. No Liability for Select Third
|
||
Parties</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">Your wireless
|
||
carrier, the manufacturer and retailer of your mobile device, the developer of the
|
||
operating system for your mobile device, the operator of any application store,
|
||
marketplace, or similar service through which you obtain the Site, and their respective
|
||
affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not
|
||
parties to these Terms of Use and they do not own and are not responsible for the Site.
|
||
HGH, and not any Select Third Parties, is responsible for addressing any claims raised
|
||
by you or any third party regarding the Site or your use or possession thereof,
|
||
including, but not limited to, claims related to product liability, legal, or regulatory
|
||
requirements, and consumer protection or similar legislation. You are responsible for
|
||
complying with all application store and other applicable Select Third Parties’ terms
|
||
and conditions. YOU AGREE: (A) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS
|
||
AND IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
|
||
WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF
|
||
INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) IN NO EVENT WILL THE SELECT THIRD
|
||
PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE,
|
||
EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT
|
||
(INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE SITE, EVEN IF
|
||
THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND (C) IN ANY
|
||
EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN
|
||
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED
|
||
FIVE DOLLARS ($5.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER
|
||
DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE SITE
|
||
AND THESE TERMS OF USE. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF
|
||
THESE TERMS OF USE, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED
|
||
IN THESE TERMS OF USE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER
|
||
TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In
|
||
the event of any claim that the Site or your possession and use of the Site infringes a
|
||
third party’s intellectual property rights, the Select Third Parties are not responsible
|
||
for the investigation, defense, settlement, or discharge of the infringement
|
||
claim.</span></p>
|
||
<h5 style="margin-top:14pt; margin-bottom:14pt; line-height:16.5pt"><span
|
||
style="font-family:Arial; font-size:16.5pt">27. Revisions; General</span></h5>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span style="font-family:Arial">HGH reserves the
|
||
right, in its sole discretion, to terminate your access to all or part of this Site,
|
||
with or without cause, and with or without notice. HGH reserves the right to modify
|
||
these Terms of Use at any time, effective upon posting. Any use of this website after
|
||
such changes will be deemed an acceptance of those changes. You agree to review the
|
||
Terms of Use each time you access this website so that you may be aware of any changes
|
||
to these Terms. In the event that any of the Terms of Use are held by a court or other
|
||
tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited
|
||
or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise
|
||
remain in full force and effect. These Terms of Use constitute the entire agreement
|
||
between HGH and you pertaining to the subject matter hereof. In its sole discretion, HGH
|
||
may from time-to-time revise these Terms of Use by updating this posting. You should,
|
||
therefore, periodically visit this page to review the current Terms of Use, so you are
|
||
aware of any such revisions to which you are bound. Certain provisions of these Terms of
|
||
Use may be superseded by expressly designated legal notices or terms located on
|
||
particular pages within this Site.</span></p>
|
||
<p style="margin-top:14pt; margin-bottom:14pt"><span
|
||
style="font-family:Arial">Copyright/Trademark Information. Copyright ©2024 HGH, Inc. All
|
||
rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the
|
||
Site are our property or the property of other third parties. You are not permitted to
|
||
use these Marks without our prior written consent or the consent of such third party
|
||
which may own the Marks.</span></p>
|
||
<p style="margin-top:0pt; margin-bottom:0pt"><span
|
||
style="font-family:Arial; -aw-import:ignore"> </span></p>
|
||
</div>
|
||
|
||
</div>
|
||
</div>
|
||
</div>
|
||
</section>
|
||
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|
||
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|
||
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|
||
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|
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|
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||
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|
||
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|
||
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|
||
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