Terms and Conditions
Terms and Conditions
Date of Last Revision: 04/11/2020
AMONG OTHER ACTIVITIES, AUGMENT YOUR IMMUNITY SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.
Longevity Performance Centers, Longevity Bioimaging, and their respective affiliates (collectively, "Fountain" , "Augment Your Immunity","Longevity Performance Center","LPC","Longevity Bio Imaging", "we ", "us", or "our") own and operate the websites located at www.longevitybioimaging.com, www.longevityperformancecenter.com, www.longevitypc.com, www.myvitalix.com ,www.augmentyourimmunity.com, www.technomad.net, www.fountainlife.com (collectively, the "Websites," and collectively with any affiliated mobile application ("App"), the "Sites").
The Sites are intended to facilitate the provision of the Services to registered users. The "Services" may include (i) providing individuals with information on health care and wellness ("Content"); (ii) providing individuals with pharmacy services; (iii) providing individuals with access to technology-oriented tools for smoking cessation; (iv) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and pharmacy services; (v) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and (vi) telecommunications support for using the Services as a means of direct access to health care providers provided by IntakeQ,LLC., Quickblox.com, OneTouchBrands, LLC and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers.
Certain of our Services are currently only available to individuals located in certain states.
REQUIREMENTS FOR USE
You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Sites. Fees and charges may apply to your use of the mobile services and to the Internet.
SPECIAL CONSENT TO TELEHEALTH SERVICES
Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to: Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider; Interactions between a patient and health care provider via audio, video, and/or data communications; and Use of output data from medical devices, sound, and video files.
Fountain does not provide any medical services, including via the Sites and Services. Rather, Fountain provides a technology platform for you to access a health care provider employed or contracted with Shapiro, Fountain Cenegenix, Landmark Hospitals, Longevity Peformance Centers, Human Longevity Inc . or similar affiliated professional entities and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness.
The health and wellness resources made available through our Services are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with an Fountain or affiliate health care provider through the Services, you are not entering into a provider-patient relationship with Fountain or Technomad.
In some cases, a Fountain or affiliated health care provider may use the Services to provide advice or treatment to you. A health care provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the health care provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, Fountain strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with a health care provider.
Moreover, a health care provider utilizing Fountain may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Services may not have important information that is usually obtained through a "hands-on" physical examination; and (iv) the absence of a physical examination may affect the health care provider's ability to diagnose any potential condition, disease or injury. For more information regarding the health care services offered by health care providers utilizing the Services, please visit augmentyourimmunity.com.
SITE CONTENT Except for specific communications received from Fountain or affiliate health care organizations and providers, none of the Content you receive through the Sites should be considered medical advice.
REGISTRATION AND USER ACCOUNTS Although certain parts of the Sites are accessible by any individual, you are obligated to register with Fountain in order to access the Services. The Services are available only to users who have registered with Fountain and to other persons affiliated with Fountain who have been granted accounts with usernames and passwords ("Secure Users"). If you are a Secure User, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to Augmentyourimmunity.com If you do not maintain such information, or Fountain has reasonable grounds to suspect as much, Fountain has the right to suspend or terminate your account and your use of the Services.
You also agree to immediately notify Fountain of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Fountain at firstname.lastname@example.org. Fountain may take any and all actions it deems necessary or reasonable to maintain the security of the Sites, Services and your Secure User account. You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else's account at any time.
Fountain explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You acknowledge and agree that: (1) all or any part of the Sites may not be accessible at any time, for any period, or for any reason; and (2) Fountain will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period.
'JAILBREAKING' THE MOBILE OPERATING SYSTEM
ACCESS RIGHTS AND PROHIBITED USE
We reserve the right, in our sole discretion, to deny or suspend use of the Sites or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the Sites or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Sites; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Sites, or any other system, device, or property; (e) access or use the Sites in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Sites, Services or related materials in any way; (g) use or access the Sites to create or develop competing products or services or for any other purpose that is to Augment Your Immunity's detriment or commercial disadvantage; (h) take any action or use the Sites in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Sites or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Sites or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Fountain or any of our service providers to protect our Sites; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Sites or any content made available to you on or through our Sites; (l) use any manual process or automated device to monitor or copy any content made available on or through our Sites for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Fountain or third-party content from the Sites; (n) otherwise use the Sites in any manner that exceeds the scope of use granted above; or (o) encourage or enable any other individual to do any of the foregoing.
OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITES
OWNERSHIP OF SITE CONTENT
Certain names, logos, and other materials displayed in and through the Sites may constitute trademarks, trade names, service marks or logos ("Marks") of Fountain or its affiliates. You are not authorized to use any such Marks without the express written permission of Augmentyourimmunity.com Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES
DISCLAIMER OF WARRANTIES
MODIFICATIONS TO THE SITES
Fountain reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Sites or Services or any portion thereof, with or without notice. You agree that Fountain shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or Services.
If you receive a prescription as a result of the Services, you may select MyVitalix.com or one of our partner pharmacies (collectively, the "Fountain Pharmacy Network") to ship your prescription. You give us consent to send and disclose to the Fountain Pharmacy Network all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services.
PACKAGING AND FULFILLMENT RESTRICTIONS
If you select to use the Fountain Pharmacy Network to fulfil any prescriptions provided by health care providers through the Services, you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s). Your payments to Fountain may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which Fountain collects on their behalf. Any health care services or pharmacy services not made available through the Services are not included in the payments collected by Fountain and you may be separately charged by the applicable health care providers for such services. In the event that your credit card expires or Fountain our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Fountain and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.
SPECIAL NOTICE TO MEDICARE AND MEDICAID BENEFICIARIES
Federal and state health care programs, such as Medicare and Medicaid, do not pay for all health care costs, even for some health care services and products that you or your health care provider have good reason to think you need. If you are a beneficiary of a federal or state health care program, and such program does not pay for certain services or products rendered to you, you may have to pay for these services and products. As we understand it, neither federal nor state health care programs currently pay for any of the medical services or products made available through the Services performed by affiliated health care organizations or providers, at least not in the way such services or products are provided (i.e., using telemedicine and bundled treatment offerings). By agreeing to use the Services, you acknowledge and agree that: (1) you will pay directly for any medical services and products provided to you, and (2) neither Fountain nor any Fountain affiliated health care organization or provider will bill any federal or state health care program for such medical services or products.
NO AGENCY RELATIONSHIP
DIGITAL MILLENNIUM COPYRIGHT ACT
Fountain reserves the right to remove any content or any other material or information available on or through our Sites, at any time, for any reason. Fountain otherwise complies with the provisions of the Digital Millennium Copyright Act ("DMCA") applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Fountain Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our Designated Agent at the following address: Mike McKenzie at email@example.com.
Any notification to Fountain under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed; An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; An identification of the content or material that you claim is infringing and where it is located on our Sites; Information sufficient for Fountain to contact you, such as your address, telephone number, and/or email address; A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf.