Terms of Services

Welcome, and thank you for your interest in IVitality MD (“IVitality MD,” “we,” or “us”) and our website at www.ivitalitymd.com, along with our related websites, hosted applications, and other services provided by us (collectively, the “Service”). These Membership Terms of Service are a legally binding contract between you and IVitality MD regarding your use of the Service.

IVitality MD address is 12000 Richmond Ave, Suite 345, Houston, Texas 77082. We provide membership and medical services to our members.

Please read the following terms carefully:

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING IVITALITY MD’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND IVITALITY MD’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY IVITALITY MD AND BY YOU TO BE BOUND BY THESE TERMS.

YOU AGREE TO RECEIVE TEXTS AND CALLS FROM OR ON BEHALF OF IVITALITY MD AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS AND CALLS WILL INCLUDE APPOINTMENT REMINDERS, MESSAGES RELATED TO TESTING, BILLING, INSURANCE, MEMBERSHIP, AND OTHER ADMINSTRATIVE MESSAGES RELATED TO YOUR USE OF THE SERVICE, AS WELL AS MESSAGES RELATED TO PRICING. WE MAY ALSO USE TEXTS OR CALLS FOR MARKETING PURPOSES. YOU UNDERSTAND AND AGREE THAT THESE TEXTS AND CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 15 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND IVITALITY MD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Eligibility.

You must be at least 18 years old to sign up for the IVitality MD Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

If you are also accepting these Terms on behalf of another person (a “Family Member”) as that person’s parent, guardian, conservator, or custodian, you acknowledge that you are additionally agreeing to these Terms on behalf of such Family Member, and you represent and warrant to us that you are legally authorized to agree to these Terms on their behalf. You also acknowledge that, should your Family Member disaffirm these Terms, you will continue to be bound on their behalf (including with respect to accrued payment obligations).

Accounts and Registration.

To access most features of the IVitality MD Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (and if applicable, your Family Members), such as your name, email address, gender, date of birth, phone number, and other personal and contact information.

You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.

If you believe that your account is no longer secure, then you should immediately notify us at ivitalitymd@gmail.com

General Payment Terms.

‍Certain features of the IVitality MD Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law.

  1. Price. IVitality MD reserves the right to determine pricing for the Service. IVitality MD will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. IVitality MD may change the fees for any feature of the Service, including additional fees or charges, if IVitality MD gives you advance notice of changes before they apply.
  2. Authorization. You authorize IVitality MD to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by IVitality MD, including all applicable taxes, to the payment method specified in your account.
  3. Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). Please see our pricing page for details on the Subscription Fee. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service at least 30 days before it renews to avoid billing of the next periodic Subscription Fee to your account. IVitality MD or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by emailing us at ivitalitymd@gmail.com. YOUR CANCELLATION MUST BE RECEIVED AT LEAST 30 DAYS BEFORE THE RENEWAL DATE TO AVOID A CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.

Licenses.

  1. Limited License. Subject to your complete and ongoing compliance with these Terms, IVitality MD grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
  2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
  3. Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant IVitality MD an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

Ownership; Proprietary Rights.

The IVitality MD Service is owned and operated by IVitality MD. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by IVitality MD (“Materials”) are protected by intellectual property and other laws.
All Materials included in the Service are the property of IVitality MD or its third-party licensors. Except as expressly authorized by IVitality MD, you may not make use of the Materials.
There are no implied licenses in these Terms and IVitality MD reserves all rights to the Materials not granted expressly in these Terms.

Third-Party Terms.

Third-Party Services and Linked Websites. IVitality MD may provide tools through the Service that enable you to export information, including User Data, to third-party services. These tools may also include third-party physical monitoring devices that track, store, and transmit data about you. By using one of these tools, you hereby authorize that IVitality MD to transfer that information to the applicable third-party service.
Third-party services are not under IVitality MD’s control, and, to the fullest extent permitted by law, IVitality MD is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under IVitality MD’s control, and IVitality MD is not responsible for their content.

User Data.

  1. User Data Generally. Certain features of the IVitality MD Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Upload”) content to the Service, including messages, photos, video, audio, images, lab results, folders, data, text, documents, and other materials (“User Data”). You retain any copyright and other proprietary rights that you may hold in the User Data that you Upload to the Service, subject to the licenses granted in these Terms.
  2. Limited License Grant to IVitality MD. By Uploading User Data to or via the Service, you grant IVitality MD a worldwide, non-exclusive, irrevocable (in accordance with applicable law), royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, display, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Data, in whole or in part, in connection with your use of the Service.
  3. You Must Have Rights to the Content You Upload; User Data Representations and Warranties.
    You must not Upload User Data if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Data. IVitality MD disclaims any and all liability in connection with User Data. You are solely responsible for your User Data and the consequences of providing User Data via the Service.

By providing User Data via the Service, you affirm, represent, and warrant to us that:

A) You have the necessary licenses, rights, consents, and permissions to authorize IVitality MD and users of the Service to use and distribute your User Data as necessary to exercise the licenses granted by you in this Section 7 (User Data), in the manner contemplated by IVitality MD and the Service;

B) Your User Data does not infringe or violate any third party rights.

  1. User Data Disclaimer. We are under no obligation to edit or control User Data and are not responsible or liable for it. IVitality MD reserves the right to screen, remove, edit, or block any User Data.
  2. Monitoring Your Data. IVitality MD does not control or monitor User Data, third party content, or use of the Service by users. IVitality MD reserves the right to monitor the Service and User Data.
  3. Respect of Third-Party Rights. IVitality MD respects intellectual property rights and takes protection of them seriously. Infringing activity will not be tolerated.

Communications.

Text Messaging and phone Calls. You agree that IVitality MD and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Service, as well as marketing calls or messages.
Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier.

IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES FROM IVITALITY MD, YOU CAN EMAIL ivitalitymd@gmail.com OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES.

IF YOU WISH TO OPT OUT OF ALL CALLS AND TEXT MESSAGES FROM IVITALITY MD, YOU CAN EMAIL ivitalitymd@gmail.com OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE.

Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

Prohibited Conduct.

BY USING THE IVITALITY MD SERVICE, YOU AGREE NOT TO:

  1. Use the IVitality MD Service for any illegal purpose or in violation of any law.
  2. Violate or infringe any third-party rights, including intellectual property rights.
  3. Access, search, or use any portion of the IVitality MD Service through any software, bots, scrapers, or other means not expressly authorized by IVitality MD.
  4. Interfere with security, access control, or digital rights management features of the IVitality MD Service.
  5. Interfere with the operation of the IVitality MD Service or any user’s enjoyment of it, including by spreading malware or spam, making unsolicited offers, collecting user data without consent, or disrupting networks.
  6. Perform any fraudulent activity including impersonation, identity theft, accessing accounts without permission, or falsifying information provided to IVitality MD.
  7. Resell access to the IVitality MD Service or related materials.
  8. Attempt to do any prohibited activities listed here or assist anyone else in doing so.

Modifications to Terms and Service

Updating Our Terms

At IVitality MD, we occasionally update our Terms of Service to reflect the evolving nature of our services. We encourage you to review these Terms periodically for any changes. Any revisions will take effect immediately for new users, and after a 30-day notification period for existing users, unless specified otherwise. To continue using our services, you may need to accept these modified Terms. If the revised Terms are not agreeable to you, we advise discontinuing the use of our services. Beyond what is outlined in this Section, amendments to these Terms will require a written agreement signed by duly authorized representatives from both parties involved.

Service Duration, Termination, and Changes

  • Effective Period: These Terms are effective from the moment you accept them, or when you first download, install, access, or use our Service, and remain in effect until termination as outlined below.
  • Termination Policy: Your access to our Service will automatically end if you breach any of these Terms. Additionally, IVitality MD may terminate or suspend your access to the Service or your account at any time, for any reason, with or without notice, and without liability to you for such termination. You may also terminate your account and these Terms at any time by messaging us or emailing our customer service at ivitalitymd@gmail.com.
  • After Termination: Upon termination, your license rights will end, and you must cease using the Service. You will lose access to your account, and any unpaid dues must be settled. The obligations incurred prior to termination and the specified Sections in these Terms will still apply. Ensure to keep copies of any User Data you have uploaded, as termination may result in loss of access to this data. Creating a new account after termination due to breach of Terms is prohibited.
  • Service Modifications: IVitality MD reserves the right to modify or discontinue any part of the Service at any time, without prior notice. We are not liable for any changes to the Service or for any suspension or termination of your access. It’s advisable to keep personal copies of any User Data you upload, in case of modifications to the Service that may affect access to this data.

Disclaimers and Limitation of Liability for IVitality MD

Service Provision “As Is”

The services, materials, and content offered by IVitality MD are provided to you on an “AS IS” and “AS AVAILABLE” basis. IVitality MD makes no warranties, either express or implied, regarding the services and all materials and content available through the service. This includes but is not limited to disclaiming any implied warranties of:

Merchantability.

Fitness for a particular purpose.
Title and non-infringement.
Any warranty arising from course of dealing, usage, or trade practice.
IVitality MD does not guarantee that the service or any part thereof will be uninterrupted, error-free, secure, or free from viruses or other harmful components, nor do we promise to correct such issues.

  1. No Creation of Warranties
    No advice or information, whether oral or written, obtained by you from IVitality MD or through the service shall create any warranty not expressly stated in these Terms. IVitality MD is not liable for any damage that may arise from your use of the service or in your dealings with other users of the service.
  2. Your Responsibility
    You acknowledge and agree that you use the service at your own risk and discretion. IVitality MD is not responsible for any damage to your property, including damage to your computer system or mobile device used in connection with the service, or for any loss of data, including user data.
  3. Extent of Disclaimers
    The limitations, exclusions, and disclaimers outlined in this section apply to the fullest extent permitted by law. IVitality MD does not disclaim any warranty or other rights that cannot be disclaimed under applicable law.
  4. Medical Services Disclaimer
    IVitality MD itself does not provide medical services. All medical services are provided under the guidance and responsibility of health professionals. Please consult the Medical Terms of Service and the Telehealth Consent for more details.

Limitation of Liability for IVitality MD

Extent of Liability

To the maximum extent allowed by applicable law, IVitality MD and its associated entities will not be responsible for any indirect, incidental, special, consequential, or punitive damages. This includes but is not limited to damages for loss of profits, goodwill, or any other intangible losses, which might arise from your use or inability to use the services, materials, or content provided by IVitality MD, regardless of the basis of the claim (whether contract, tort including negligence, statute, or any other legal theory), and even if IVitality MD has been informed of the possibility of such damage.

Limit on Monetary Liability

Except as outlined in the arbitration and arbitration relief sections, the total liability of IVitality MD to you for all claims arising from or related to the service, under any legal theory (contract, tort, or otherwise), is limited to the greater of:

  • The total amount you have paid to IVitality MD for access to and use of the service in the 12 months before the claim.
  • US$100.

Risk Allocation

The provisions in these Terms that discuss limitations of liability, disclaimers of warranties, or exclusion of damages, allocate the risks under these Terms between you and IVitality MD. This risk allocation is a fundamental element of the agreement between both parties. Each of these provisions is severable and independent of all other provisions in these Terms. The limitations in this section will apply even if any limited remedy specified in these Terms fails of its essential purpose.

Dispute Resolution and Arbitration for IVitality MD

General Approach to Dispute Resolution

IVitality MD and you agree that any disputes related to these Terms, our Service, or any communications from us will be resolved through binding arbitration, except as noted in Exceptions and Opt-Out options. Arbitration, which involves a neutral arbitrator instead of a judge or jury, is less formal than court proceedings and may limit discovery. It is also subject to limited review by courts. This arbitration agreement includes all claims, irrespective of their basis, and applies even after the termination of these Terms. All disputes regarding the enforceability or interpretation of this arbitration agreement will be decided by the arbitrator.

Waiver of Jury Trial and Class Actions

By agreeing to these Terms, both you and IVitality MD waive the right to a trial by jury or to participate in class actions.

Exceptions to Arbitration

This agreement to arbitrate does not restrict the rights of either party to:

  • File individual actions in small claims court.
  • Seek enforcement action through applicable federal, state, or local agencies.
  • Seek injunctive relief in aid of arbitration in a court of law.
  • Address intellectual property infringement claims in court.

Opt-Out of Arbitration

You have the option to opt-out of binding arbitration within 30 days of agreeing to these Terms by sending a letter to IVitality MD, specifying your full legal name, associated email address, and a statement of intent to opt-out. Upon receiving this notice, the arbitration agreement in Section 15 will be void, and disputes will be resolved as per Governing Law mentioned in the next section

Arbitration Procedure

Arbitration will be conducted under the Federal Arbitration Act, administered by JAMS as per consumer dispute rules. Information about JAMS rules and procedures is available at www.jamsadr.com.

Initiating Arbitration

To initiate arbitration, a written Notice of Arbitration must be sent to the other party, detailing the claim and the relief sought. If the parties cannot resolve the issue within 30 days of receiving this notice, arbitration proceedings may begin. IVitality MD will cover filing fees for claims under US$10,000 unless multiple similar claims have been made. The arbitrator will decide the allocation of fees for frivolous or improper claims.

Arbitration Proceedings and Relief

Arbitration may take place in your county of residence, via documents, telephonic/video hearing, or in-person as per JAMS Rules. The arbitrator will provide a reasoned written decision, and the award may include any relief that could be granted in court. If the arbitration award is higher than IVitality MD’s last settlement offer, we will pay the higher of the award amount or US$10,000.

Class Action Waiver

Both parties agree to bring claims in their individual capacity only and not as part of any class or representative proceeding.

Modification and Enforceability of Arbitration Provision

Any substantive changes to this provision can be rejected by you, resulting in termination of your account and survival of the pre-change arbitration agreement. If any part of the above Section is found unenforceable, or if we receive an Opt-Out Notice from you, then this section will be void, and disputes will be governed by Section Governing Law.

Miscellaneous Provisions for IVitality MD

General Terms

These Terms, including the IVitality MD Privacy Policy and any other agreements referenced herein, constitute the complete agreement between you and IVitality MD regarding your use of our Service. These Terms and your rights under them cannot be assigned or transferred without our explicit written consent. IVitality MD reserves the right to assign these Terms and associated rights, including user data, at any time. Our failure to enforce any provision does not waive our right to enforce it later. Section headers are for convenience and have no interpretative value. The term “including” is used to mean “including but not limited to.” If any part of these Terms is deemed unenforceable, that part will be enforced to the maximum extent permissible, and the remainder will remain in full effect.

Governing Law

The Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. You and IVitality MD agree to the exclusive jurisdiction of the state and federal courts in Texas, for any legal proceedings related to these Terms. Our Service is operated from Texas, and we do not imply that the Service or its materials are appropriate for use outside the United States.

Privacy Policy

For details on how we collect, use, store, and disclose your personal information, please review the IVitality MD Privacy Policy, which is an integral part of these Terms.
Additional Terms
Your use of the Service is also subject to any additional terms, policies, rules, or guidelines applicable to specific features of the Service that we may post or link to from the Service. These Additional Terms are incorporated into these Terms by reference.

Consent to Electronic Communications

By using the Service, you consent to receive electronic communications from us as described in our Privacy Policy. You agree that any such electronic communications will satisfy any legal requirements for written communications.

Contact Information

The Service is provided by IVitality MD, located at 12000 Richmond Ave, Suite 345, Houston, Texas 77082. You can reach us by sending correspondence to that address or by emailing ivitalitymd@gmail.com.

Notice to California Residents

If you’re a resident of California, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs for complaints or to receive information about the Service.

Support

IVitality MD endeavors to provide support during standard business hours, excluding weekends and holidays. We do not guarantee support availability, and any support provided may be subject to separate policies.

International Use

IVitality MD’s Service is intended for users located within the United States. The Service may not be appropriate or available for use in other locations, and access from territories where the Service is illegal is prohibited.