Elite Health Online Terms of Use

 

Last updated: August 22, 2022

Welcome to elitehealthonline.com. Elite Med Consulting, LLC and/or its affiliates (“Elite Health Online”) provide website features and other products and services to you when you visit elitehealthonline.com, contact Elite Health Online, or otherwise interact with Elite Health Online, use Elite Health Online products or services, use Elite Health Online applications for mobile, or use any software provided by Elite Health Online in connection with any of the foregoing (collectively, “Elite Health Online Services”). Elite Health Online provides the Elite Health Online Services subject to these Terms of Use.

By using Elite Health Online Services, you agree to these Terms of Use. Please read them carefully. If you do not agree, do not use the Elite Health Online Services.

Elite Health Online may amend any part of these Terms of Use at our sole discretion by posting the revised Terms of Use on the Elite Health Online website. You should periodically check these Terms of Use for changes. Your continued use of the Elite Health Online Services following the posting of any changes to these Terms of Use constitutes your acceptance of the terms.

 

Elite On-Time Promise

Our Elite On-Time Promise guarantees an Elite Health Provider will contact patients at the provided contact number no more than 5 min prior to the scheduled appointment time, and no more 5 min after the scheduled appointment.

Conditions:

• In the event that an Elite Provider has not made an attempt to contact a patient within the specified timeframe, Elite Health Online will immediately take $50 off therapy and treatment plans at patient checkout.
• Elite Health Online monitors and documents all outbound and inbound calls. In the event that an Elite Provider has made 2 attempts to contact the patient within the specified timeframe stated above, the patient becomes ineligible for the $50 credit; it will not be applied at checkout, regardless of the call being received or answered. It is the responsibility of the patient to be able to take the call at the scheduled time.

 

Privacy

Our Notice of Privacy Practices describes how your health information may be used and disclosed and how you can get access to this information. The Elite Health Online Services are also governed by our Privacy Policy.

 

Content

All information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, logos, and other material, including but not limited to the selection, coordination, arrangement, and enhancement of such content, contained on any Elite Health Online Service is owned, controlled, or licensed by or to Elite Health Online, and is protected by trade dress, copyright, patent, trademark, and other intellectual property rights and laws. You may not use the Elite Health Online name, any related logos or trademarks, or any of the content described above without the express written consent of Elite Health Online.

 

Health-Related Content

Please carefully review product information and package inserts regarding dosage, warnings, interactions, and other information before administering or using any device, drug, herb, vitamin, or supplement received through any Elite Health Online Service. For other health-related content provided we try to be as accurate as possible, however such content is for reference only and describes general principles of health care and are not specific instructions for individual patients. If you have any questions about health-related content, please contact us at 972-846-9002 or your prescriber.

 

License and Access

Subject to your compliance with these Terms of Use Elite Health Online or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Elite Health Online Services. This license does not include any resale or commercial use of any Elite Health Online Service, its contents (including the content described above); any collection and use of any product listings, descriptions, or prices; any derivative use of any Elite Health Online Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Terms of Use are reserved and retained by Elite Health Online or its licensors, suppliers, publishers, rightsholders, or other content providers. No Elite Health Online Service, nor any part of any Elite Health Online Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Elite Health Online. 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 Elite Health Online without Elite Health Online’s express written consent.

You must be at least 18 years of age to use the Elite Health Online Services. Caregivers who are at least 18 years of age may create an account on behalf of a minor, but minors may not use the Elite Health Online Services. You may not misuse the Elite Health Online Services. You may not post or transmit through any Elite Health Online Service any content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), otherwise injurious to third parties or objectionable, contains or consist of software viruses or any form of “spam” or unsolicited commercial electronic messages. You may use the Elite Health Online Services only as permitted by law. The licenses granted by Elite Health Online terminate if you do not comply with these Terms of Use.

 

Your Account

You may need your own Elite Health Online account to use certain Elite Health Online Services and may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method for an amount owed that is not covered by insurance (such as copays or cash purchases), we may charge any other valid payment method associated with your account. To learn more, please click here. For your account, you agree to provide and maintain true, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You may choose to give access to a caregiver who can access your account on your behalf by following the process here. Except as provided in our Notice of Privacy Practices, Elite Health Online reserves the right to refuse service, suspend or terminate your account, terminate your rights to use Elite Health Online Services, remove or edit content in its sole discretion.

 

Communications with Elite Health Online

When you use Elite Health Online Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications (including emails, texts, mobile push notifications, or notices and messages on this Web site or through other Elite Health Online Services) by or on behalf of Elite Health Online to any email address, phone number, or mobile device associated with your account or otherwise directly or indirectly provided to Elite Health Online. You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. These communications may include personal information about your prescriptions, treatment, or benefits, and, in connection with such communications, we may use pre-recorded/artificial voice messages and/or automatic dialing devices. If you choose to share access to your mobile phone, carrier account, email, or Elite Health Online account with others those individuals might also be able to see this information. Our Notice of Privacy Practices provides more information on how you may receive communications from us.

 

App Permissions

When you use apps created by Elite Health Online, you may grant certain permissions to us for your device. You may be able to change the permissions given to us by modifying your device settings.

 

Sanctions and Export Policy

You may not use any Elite Health Online Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Elite Health Online Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

 

Multiple Facilities

Elite Health Online uses multiple facilities as part of its pharmacy network. Your prescription may be processed and medication order filled at any site in compliance with pharmacy regulations. The dispensing pharmacy will always be identified on the prescription label.

 

Disclaimer of Warranties and Limitation of Liability

THE ELITE HEALTH ONLINE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ELITE HEALTH ONLINE SERVICES ARE PROVIDED BY ELITE HEALTH ONLINE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ELITE HEALTH ONLINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ELITE HEALTH ONLINE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ELITE HEALTH ONLINE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ELITE HEALTH ONLINE SERVICES IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY LAW, ELITE HEALTH ONLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ELITE HEALTH ONLINE DOES NOT WARRANT THAT THE ELITE HEALTH ONLINE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ELITE HEALTH ONLINE SERVICES, ELITE HEALTH ONLINE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ELITE HEALTH ONLINE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, ELITE HEALTH ONLINE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ELITE HEALTH ONLINE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ELITE HEALTH ONLINE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULL EXTENT PERMISSIBLE BY LAW, IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, ELITE HEALTH ONLINE IS FOUND TO BE LIABLE TO YOU, ELITE HEALTH ONLINE’S LIABILITY WILL NOT EXCEED THE FEES PAID BY YOU FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED.

 

Disputes

Any dispute or claim relating in any way to your use of any Elite Health Online Service, or to any products or services sold or distributed by Elite Health Online or through elitehealthonline.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Gary J. Seger, 17101 Preston Road, Suite 210, Dallas, TX 75248. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, Elite Health Online will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

Applicable Law

By using any Elite Health Online Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Elite Health Online.

 

Site Policies and Modification

Please review our other policies, such as our Service Guide posted on this site. These policies also govern your use of Elite Health Online Services. Elite Health Online reserves the right to make changes to our web site, policies, and these Terms of Use at any time.

 

Severability, Waiver, and Entire Agreement

If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term. Elite Health Online’s failure to insist upon strict performance of any provision of these Terms of Use and policies will not be construed as an implicit waiver of any provision or right.

These Terms of Use and policies constitute the entire agreement between you and Elite Health Online governing your use of the Elite Health Online Services.

 

Questions or Additional Information

Email: hello@elitehealthonline.com

Mailing Address:
Elite Med Consulting, LLC
P.O. Box 383, Rowlett, TX 75030

Customer Care Center: 972-846-9002