Terms and Conditions for Nuvo Wellness and Health, LLC.
Last updated: September 14, 2024
IMPORTANT NOTICE Nuvo Wellness and Health, LLC. is designed for non-emergency medical conditions. If you are facing a medical emergency, please dial 911 or contact your local healthcare provider immediately.
This User Agreement (together with our Privacy Policy) applies to your use of all websites, mobile sites, and mobile applications linked to it, collectively called the “Sites”, as well as the services and features we offer on those Sites (referred to as “Services”). When we say "Nuvo Wellness and Health, LLC.", “we”, “us”, or “our”, we mean the company behind the Sites and Services.
Important Information: This User Agreement outlines the legally binding terms you must agree to to use our Services. Please read it carefully. Before You Start Using Our Services: Read the Terms Carefully: It’s important that you fully understand the rules for using our Services, Website, and Mobile Apps.
I. Introduction
These Terms of Use (the “Terms”) govern your access to and use of the website and mobile application (the “Platform”) owned and operated by Nuvo Wellness and Health, LLC (“Nuvo,” “we,” “our,” or “us”).
By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms, as well as our Privacy Policy. In these Terms, the terms “you” and “your” refer to the individual using the Platform.
When we refer to Nuvo Wellness and Health, LLC or “Nuvo,” we mean Nuvo Wellness and Health, LLC and its subsidiaries, affiliates, and professional entities that may operate or participate in the Platform’s services. Even if you access the Platform via a third-party website or mobile application (including an affiliate of Nuvo Wellness and Health, LLC), you understand that these Terms are entered into between you and Nuvo Wellness and Health, LLC. You also acknowledge and agree that, unless otherwise stated, the Platform and services offered through these Terms, excluding Healthcare Services (as defined below), are provided directly by Nuvo Wellness and Health, LLC or its subsidiaries.
Consent to Electronic Transactions
By using the Platform, you consent to conduct business with Nuvo Wellness and Health, LLC electronically. This includes engaging with health professionals and professional entities affiliated with Nuvo for health-related activities. You understand that any interactions through the Platform, including health-related consultations, have the same legal effect as if conducted in writing with your signature.
Communications
By using the Platform, you also consent to receive disclosures, messages, notices, and other communications from Nuvo Wellness and Health, LLC and affiliated professional entities. These communications may be sent to your designated mobile phone or email address. You agree that these electronic communications are valid and binding.
Agreement
These Terms, along with our Privacy Policy, represent the agreement between you and Nuvo Wellness and Health, LLC. regarding the use of the Platform. If you do not agree with any part of these Terms or our Privacy Policy, you should refrain from using the Platform.
II. Modification of Terms
This Agreement is subject to periodic changes, as outlined below. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without incurring any liability to you or any third party. We encourage you to review these Terms regularly to stay informed of any changes.
The “Last Modified” date above will indicate when the Terms were last updated. If you continue to use the Platform after any amendments to the Terms have been posted, you will be deemed to have accepted and agreed to the updated Terms. If any provision of these Terms is unacceptable to you, your sole remedy is to discontinue your use of the Platform.
III. Description of Nuvo Wellness and Health, LLC.
You acknowledge and agree that the Platform is intended to facilitate the following services (collectively, the “Services”): Healthcare Record Management: The development, gathering, and retention of healthcare records and information for use during medical provider encounters and communications.
Administrative Support for Healthcare Services: Support for scheduling and processing payments for healthcare services provided by affiliated medical professionals.
Prescription Fulfillment: Administrative support related to the coordination and payment for prescription medications, diagnostic tests, or medical devices ordered or prescribed by the medical providers performing Healthcare Services.
Telecommunications and Technology Support: Providing the necessary infrastructure for direct access to medical providers, which enables consultations, assessments, treatments, and ongoing communication through the Platform.
Your Information: You understand that the Platform collects certain personal and health-related information (“Your Information”) to enable affiliated medical providers to assess your needs and determine appropriate treatments. This may include:
Health Information: Your medical history, current health conditions, medications, blood pressure, and other relevant details.
Diagnostic Information: Data regarding diagnostic tests and assessments, as applicable.
Personal Information: Information such as your name, contact information, location, and other demographic details. After reviewing Your Information, an affiliated medical provider will determine, based on their independent professional judgment, whether to prescribe medication, recommend further diagnostic tests, suggest other treatments, or potentially refer you to alternative clinical resources.
Disclosure and Consent: By accepting these Terms, you consent to Nuvo Wellness and Health, LLC sharing Your Information with affiliated medical providers, pharmacies, laboratories, and other relevant third-party entities as necessary to facilitate the Services, including prescription fulfillment, diagnostic testing, and other treatments.
You also authorize Nuvo Wellness and Health, LLC. to deliver Your Information to these entities to coordinate the fulfillment of prescribed medications, diagnostic tests, and medical devices.
Note: All medical providers delivering Healthcare Services through the Platform are independent professionals contracted or employed by Nuvo Wellness and Health, LLC. They are solely responsible for the medical care and advice provided to you.
Pharmacy and Third-Party Relationships You understand and agree that Nuvo Wellness and Health, LLC is not a pharmacy and does not control or interfere with any pharmacy services. By using the Platform, you acknowledge that you may enter relationships with third-party pharmacies, pharmacists, and/or pharmacy groups for the fulfillment of prescriptions or other related services and that such relationships are governed by separate terms and agreements with those third-party entities.
IV. Eligibility
To use the Services through the Platform, you must meet the following requirements:
Age Requirement: You must be at least 18 years of age.
Location: You must reside in the United States in a state or territory where the Services are available.
Agreement to Terms: You must agree to be legally bound by and comply with these Terms.
Technical Requirements: You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software to use the Platform. Charges may apply to your use of mobile services and Internet access. Please note that meeting these requirements does not guarantee that you will receive the Services through the Platform.
Nuvo Wellness and Health, LLC, and its affiliated professional entities reserve the right to impose additional requirements or modify existing ones, at their sole discretion and without prior notice. Additionally, medical providers and affiliated professional entities may determine, on a case-by-case basis, whether you are eligible for the Healthcare Services offered via the Platform.
They may also decide that Healthcare Services are not appropriate for you in certain circumstances. For more information on eligibility or criteria for receiving Healthcare Services, you may contact us at amanda@nuvowellnessandhealth.com.
V. Availability
The Services are currently available to individuals located in certain states within the United States. To see the list of states where the Services are available, please contact our customer service team at amanda@nuvowellnessandhealth.com.
VI. Registration, User Accounts, and User Data
To access the Services, you must register an account with Nuvo Wellness and Health, LLC. While certain portions of the Platform may be accessible to any individual, the full range of Services is only available to users who have successfully registered and been granted an account with a username and password. You acknowledge that:
Account Registration: You are required to register with Nuvo Wellness and Health, LLC. to access the full range of Services. Registration may require you to provide accurate, complete, and current personal information as part of the sign-up process.
Platform Availability: The Platform may not be available at all times or for any reason. Nuvo Wellness and Health, LLC. will not be liable for any downtime or unavailability of the Platform for any period.
User Data During your use of the Platform, you may be asked to provide or submit personal or health-related information (“User Data”). By providing User Data, you:
Consent to Data Use: You consent to Nuvo Wellness and Health, LLC. using, copying, displaying, or transmitting the User Data as necessary to perform the Services, and to share it with third-party service providers, successors, assigns, and medical providers affiliated with Nuvo Wellness and Health, LLC.
Licensing of Data: You grant Nuvo Wellness and Health, LLC., its service providers, successors, assigns, and affiliated medical providers, the right to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose your User Data to third parties for the following purposes: Providing the Services to you.Conducting research or analysis of the data.Designing, developing, implementing, or improving new or existing features, products, or services of Nuvo Wellness and Health, LLC.
VII. Your Responsibilities and Acknowledgment
As a condition of using the Services through the Platform, you agree to the following:
Accurate and Complete Information: You agree that all information you provide through the Platform is accurate, complete, and correct. You will promptly update any information you have provided to Nuvo Wellness and Health, LLC to ensure its accuracy.
Personal Use and Account Security: Your access to the Platform is personal and intended solely for your use. You agree to: Maintain accurate identification information. Keep your username and password confidential. Log out of your account at the end of each session. You are responsible for all activities that occur under your account, including maintaining the confidentiality of your password. If you believe your account or password has been compromised, you agree to change your password immediately and notify Nuvo Wellness and Health, LLC at amanda@nuvowellnessandhealth.com of any unauthorized use or security breach.
Providing Additional Information: You may be asked to provide additional information to Nuvo Wellness and Health, LLC or its affiliated professional entities, including medical providers, to facilitate Healthcare Services or the fulfillment of a prescription. While you may choose not to provide this information, please note that withholding requested information may limit or prevent your use of the Platform and associated Services.
Accuracy of Your Information: You understand that the effectiveness of the Healthcare Services depends on the accuracy and completeness of Your Information. Nuvo Wellness and Health, LLC cannot verify all of Your Information, and as such, cannot be held liable for any consequences arising from inaccurate or incomplete information. If Your Information is found to be inaccurate, incomplete, or not maintained, or if Nuvo Wellness and Health, LLC has reasonable grounds to suspect inaccuracies, your account may be suspended or terminated, and your access to the Services may be revoked.
Account Suspension and Security: Nuvo Wellness and Health, LLC reserves the right to take necessary actions to maintain the security of the Platform, Services, and your account. These actions may include suspending or terminating your account if we deem it necessary.
VIII. Restrictions on Use
You agree not to use, or encourage others to use, the Platform for any purposes other than those expressly permitted by these Terms. Specifically, you will not:
Use the Platform for Others: Access or use the Platform on behalf of anyone other than yourself.
Infringe Rights or Break Laws: Access or use the Platform in a way that infringes, misappropriates, or violates any intellectual property rights or other rights of third parties, or violates any applicable local, state, or federal law or regulation.
“Jailbreak” Your Device: Attempt to use the Platform on a device with a modified operating system (i.e., jailbreaking). Using the Platform on a modified phone may compromise security features and put your protected health information (PHI) at risk.
Commercial Exploitation: License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Platform or any related materials to third parties.
Compete with Nuvo Wellness and Health: Use the Platform to create or develop competing products or services or engage in any activity that could harm Nuvo Wellness and Health, LLC. or put it at a commercial disadvantage.
Damage or Disrupt the Platform: Take any action that could damage, disrupt, or interfere with the functionality or security of the Platform or any content it hosts.
Unauthorized Access: Attempt to gain unauthorized access to the Platform, or interfere with, disrupt, or violate the security of any part of the Platform or its network.
Circumvent Security Measures: Bypass or disable any security measures implemented by Nuvo Wellness and Health, LLC or our service providers to protect the Platform and its content.
Upload Harmful Code: Input, upload, transmit, or propagate any virus, malware, Trojan horse, or other harmful software that could damage or alter any system, device, or network.
Tamper with Intellectual Property Notices: Remove, alter, or obscure any intellectual property notices or disclaimers on the Platform, including any copyright, trademark, patent, or other proprietary rights.
Automated Content Collection: Use manual or automated means to monitor or copy content from the Platform for unauthorized purposes, except as allowed in Section XIII: Privacy.
Reproduce Content Without Permission: Copy, duplicate, download, store, transmit, or otherwise reproduce any data, text, reports, or other content from the Platform, unless explicitly permitted.
Encourage Others to Violate These Terms: Assist or encourage others to engage in any of the above-prohibited actions.By agreeing to these Terms, you acknowledge that any violation of these restrictions may result in the suspension or termination of your account, as well as potential legal consequences.
IX. Licensing
Subject to your compliance with these Terms, Nuvo Wellness and Health, LLC grants you a personal, limited, revocable, non-exclusive, and non-transferable license to view, download, access, and use the Platform and its content solely for your personal, non-commercial use. You do not acquire any ownership rights to the Platform or its content. All rights not expressly granted in these Terms are reserved by Nuvo Wellness and Health, LLC and its licensors. You may not:
Reproduce, publish, transmit, distribute, display, modify, or create derivative works from any content available on the Platform. Sell, license, sublicense, or commercially exploit any content or materials from the Platform. Use the Platform or its content in any way not expressly permitted by these Terms.
X. Disclaimer of Limited Healthcare Services
The Platform is designed to offer specific healthcare services and should not be considered or relied upon as comprehensive medical advice, care, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider regarding any personal health concerns, medical conditions, medications, or treatments. Never disregard professional medical advice or delay seeking it because of something you have read or heard on the Platform. If you are considering commencing or discontinuing any treatment, medication, or course of action, you should consult your physician or healthcare provider before proceeding.
XI. Telehealth Consent
Telehealth refers to the use of electronic communications, information technology, and other means to connect patients with licensed healthcare professionals for clinical matters. While telehealth offers various benefits, it also carries certain risks, just like any medical procedure. Please carefully review the Telehealth Medical Consent to fully understand the treatment methods, potential risks, and limitations of telehealth in meeting your health and wellness needs. By using the Services, you acknowledge and consent to the terms of the Telehealth Medical Consent, and agree that Nuvo Wellness and Health, LLC is a beneficiary of this consent and has the right to enforce its provisions.
XII. Payment
By submitting your information for Healthcare Services, you agree to pay all fees due. When you provide payment information and submit your request, you authorize Nuvo Wellness and Health, LLC, its affiliates, or its third-party payment processors to charge the applicable fees.Non-refundable Fees: Medical consultation fees are non-refundable. Prescription products cannot be returned for reuse or resale, and all sales are final. If you believe there has been an error with your prescription, please contact us via your Nuvo Wellness and Health, LLC account. Responsibility for Payment: You are solely responsible for paying all fees associated with the Healthcare Services provided to you, including any fees charged by medical providers or affiliated entities. Nuvo Wellness and Health, LLC's medical providers are not contracted with any insurance plans (commercial, government, or otherwise) and are considered out-of-network providers. As such, you are fully responsible for any costs associated with the services provided, including medication and lab services. Payment Processing: If your payment fails due to an expired credit card or any other issue, Nuvo Wellness and Health, LLC or its affiliates may request an alternative payment method. Healthcare services will not be provided unless full payment has been received and verified.
XIII. Privacy
Nuvo Wellness and Health, LLC takes the confidentiality of Your Information seriously. Our Privacy Policy outlines how we collect, use, and disclose your information in connection with the Platform. We encourage you to review our Privacy Policy to understand how we safeguard your personal and health information. By using the Platform, you consent to the practices described in our Privacy Policy.
XIV. Intellectual Property
As between Nuvo Wellness and Health, LLC and you, Nuvo Wellness and Health, LLC retains sole and exclusive ownership of all rights, title, and interests in the Platform, its content, and all associated intellectual property rights. This includes, but is not limited to, all software, text, images, video, audio, and any feedback or suggestions you provide. You are granted a limited, non-exclusive, non-transferable license to use the Platform solely for personal, non-commercial purposes. No rights to the intellectual property of Nuvo Wellness and Health, LLC are transferred to you, and all rights not expressly granted are reserved. Certain names, logos, and trademarks displayed on the Platform are the property of Nuvo Wellness and Health, LLC or its affiliates. You may not use these trademarks without explicit written permission from us. Ownership of these trademarks and the goodwill associated with them remain with Nuvo Wellness and Health, LLC or its affiliates.
XV. Third-Party Links and Websites
The Platform may contain hyperlinks or references to third-party websites ("Linked Sites") that are not under our control. We are not responsible for the content, products, services, or information provided on these Linked Sites. The inclusion of any link to a third-party website does not imply endorsement by Nuvo Wellness and Health, LLC of that site or its operators. Your use of Linked Sites is at your own risk, and we are not liable for any errors, damages, or losses incurred from using or relying on information from these external sites. If you arrived at the Platform via a Linked Site, including one controlled by an affiliate of Nuvo Wellness and Health, LLC, you agree that these Terms apply solely to your use of the Platform and do not extend to any third-party websites.
XVI. Disclaimer of Warranties
Platform and Services are Provided "As Is": Nuvo Wellness and Health, LLC. makes no warranties regarding the availability, security, accuracy, or functionality of the platform. Users access and use the platform at their risk Liability for Losses or Damages: The company disclaims responsibility for any harm resulting from your use of the platform, such as data loss or device damage Guarantee of Error-Free Service: There’s no guarantee that the platform will be free from errors, interruptions, or security breaches.
XVII. Limitation of LiabilityLimited Liability:
To the fullest extent permitted by law, Nuvo Wellness and Health, LLC. and its affiliates will not be liable for indirect, special, incidental, or consequential damages (e.g., lost profits or data). Liability Cap: The total liability for any claim is capped at $100, unless prohibited by law.
XVIII. Indemnification
Responsibility for Legal Claims: Users agree to defend, indemnify, and hold Nuvo Wellness and Health, LLC. harmless for any third-party claims resulting from their breach of the terms or unlawful use of the platform.
XIX. Modifications to the Platform
Right to Modify or Discontinue Services: Nuvo Wellness and Health, LLC. can modify or discontinue the platform or its features without notice, and it is not liable for such changes.
XX. Suspension and Termination of Rights Termination of Access:
The terms remain in effect as long as the user accesses the platform. Violation of the terms leads to termination or suspension of access. Some provisions, like liability limitations, continue even after termination.
XXI. Governing Law; Dispute Resolution; Arbitration Agreement:
All disputes are to be resolved through binding arbitration rather than court, with no class actions allowed. Users must provide a "Notice of Dispute" before starting arbitration. Jurisdiction: Disputes will be handled under the laws of Florida, and any claims not eligible for arbitration may be brought in Florida courts.
XXII. Copyright Infringement
DMCA Compliance: Nuvo Wellness and Health, LLC. complies with the Digital Millennium Copyright Act (DMCA). If you believe content on the platform infringes your copyright, you can submit a notification to the company.
XXIII. Miscellaneous
Entire Agreement: These terms represent the complete agreement between the user and Nuvo Wellness and Health, LLC.Enforceability: If any part of the agreement is found invalid, the rest remains in effect. Failure to enforce any part of the terms doesn’t waive future enforcement.
XXIV. Contact Information
Customer Support: If you have any questions or concerns, you can reach out to amanda@nuvowellnessandhealth.com.
