Terms & Conditions
Terms of Service
This website is operated by Up For Love Inc. b.d.a "Better Weight for Life.” Throughout the site, the terms “we”, “us” and “our” refer to Better Weight for Life. Better Weight for Life offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Acceptance of Terms and Conditions
Your access to and use of the Portal is subject to this Agreement and all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with, and/or using the Service or any information or Content provided through the Portal, except as necessary to review this Agreement. The Portal is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service at our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Portal. Unless otherwise indicated, any new Content added to the Portal is also subject to this Agreement upon posting to the Portal. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Portal. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.
Your Relationship with Us
We make available to individuals who register as users of the Portal (“Users”) certain products and services sold or offered by Better Weight for Life or by third-party medical providers, pharmacies, or other vendors via our Portal. We also provide you with access to our Telemedicine Partners. which provides healthcare through the Telemedicine Portal employs or contracts with physicians, who offer certain healthcare - services through the Portal(“Providers”). By accepting this Agreement, you acknowledge and agree that any services you receive from the Pharmacy or Telemedicine Providers through the Platform are also subject to this Agreement and that the Pharmacy and Telemedicine Providers are third-party beneficiaries of this Agreement.
We do not control or interfere with the practice of medicine by Telemedicine Providers, each of whom is solely responsible for directing the medical care, and/or treatment they provide to you. By accepting this Agreement, you acknowledge and agree that Better Weight for Life.. is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with Better Weight for Life. By using the Portal, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the Telemedicine Providers.
By accepting this Agreement, you acknowledge and agree that Telemedicine Providers may send you messages, reports, and emails via the Portal regarding your diagnosis and/or treatment. You understand and agree that Better Weight for Life is not responsible for the security or privacy of communications services you use to receive the messages, reports, and emails sent via the Portal. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Better Weight for Life nor the Telemedicine Providers will be responsible in any way and you will not hold Better Weight for Life or Telemedicine Providers liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Telemedicine Providers.
RESIDENTS OF CERTAIN STATES ARE NOT ELIGIBLE
Each state has different laws relating to telemedicine and the dispensing of prescription medications. Better Weight for Life is working diligently with the medical practices and pharmacies that we work with for their services to be available in all 50 states. Right now for Branded Semaglutide the coverage area does NOT include individuals who are residents of Kansas, Idaho, and West Virginia. Residents of these states are not eligible.
For prescriptions of Compounded Semaglutide, our services are able to cover the following states:
Alaska, Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Nebraska, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, Wyoming.
If you were sent to this section from the Checkout page, our system has indicated that you might be accessing the site from one of these states.
Notice Regarding Your Financial Responsibility for Services
Better Weight for Life and Telemedicine Providers are not enrolled with, and are not participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any health care services or supplies and, as such, neither you nor Better Weight for Life or Telemedicine Providers may receive payment from such programs for the services or products provided to you by Better Weight for Life or Telemedicine Providers. By choosing to use the Portal, you are specifically choosing to obtain products and services on a cash basis outside of any federal or state healthcare program. Thus, you are solely responsible for the costs of any service or product provided to you.
By agreeing to use the Portal, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any federal or state healthcare program and you have sole financial responsibility for all services or products provided to you by or through the Service, and (2) neither you nor Better Weight for Life, the Pharmacy or Telemedicine Providers will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Portal.
Subscription Products and Services
Products and services available for purchase through the Portal require that you purchase the product and/or service on an automatically renewing subscription basis. For subscription-based products and services, your payment device will be automatically charged at regular intervals as described for that product or service during the checkout process until you cancel your subscription or until we ask you to renew the prescription. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable renewal processing date of your subscription through the Service, by logging into your account. If you cancel, we will provide you with a prorated refund. Keep in mind that if before or during the cancellation period the pharmacy already processed your order, you will be charged for that renewal. If you are not eligible for the service, you will receive a refund within 3-5 business days.
You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers, the Provider has determined the prescription product is appropriate for you and the Provider has written a prescription.
The purchase of a subscription product requires a consultation with a Provider, and prescription then the total price you pay includes the amounts charged for use of the Portal, as well as amounts charged by the Pharmacy for the prescription drug and the amount charged by the Telemedicine Providers for the services they provide.
Subscription includes Doctor consultation for the first three months of subscription, the cost of GPL-1 medication up to 1mg per week and facilitation fee. Estimated fee split is approximately 10%-20%, 50%-60% & 30%-40% respectively.
Limited Use and Availability
Our Portal is currently only available to individuals who are located in states in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement; By visiting, accessing, registering with or using the Service, you are (a) representing and warranting to us that you are at least eighteen (18) years of age or older or at least the age of majority in your jurisdiction of residence, if higher than eighteen, (b) representing and warranting to us that when you use the Service to consult with a Provider, you are located in the same state as the shipping address you provide in your account at the time that you conduct such consultation, (c) agreeing to comply with all applicable laws in visiting, accessing, registering with our using the Portal, and (d) agreeing that you will only use the Portal for lawful purposes. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.
In addition, as of now, prescriptions for GPL-1 medications are available to individuals for whom the following apply:
- Are between 18 - 64 years of age
- Have a BMI that is >30, or >27 with one or more of the following metabolic conditions: diabetes, pre-diabetes, high cholesterol, high blood pressure, cardiovascular disease, non-alcoholic fatty liver disease, obstructive sleep apnea or PCOS.
- Who are not pregnant or breastfeeding
- Who do not have an active substance abuse problem, an active eating disorder (e.g., anorexia or bulimia), cancer, recent bariatric surgery (within the past 18 months), active gallbladder disease, a history of pancreatitis in the past six months, or a history of thyroid cancer.
Consent to Use of Telehealth Services
Telehealth involves the delivery of healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient who is not in the same physical location. While the provision of health and mental health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. Telehealth services are not a substitute for in-person care in all cases. In order to use the Service, you are required to review and agree to informed consent regarding the use of telehealth (the “Telemedicine Informed Consent”).
By agreeing to these Terms of Service you agree on the Telemedicine Informed Consent, You agree also that Better Weight for Life is a third-party beneficiary of the Telemedicine Informed Consent and has the right to enforce it against you.
Duty to Provide Information, Access, and Connectivity
You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software, and hardware capabilities to enable the use of the Portal, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service. You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the Portal. We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Portal at any time without prior notice.
We at Better Weight for Life values your privacy and are committed to keeping your personal data confidential. We use your data solely in the context of providing a Portal and various related services defined below to support the delivery of remote clinical care and prescription services by qualified physicians to patients of Better Weight for Life (“Patient”).
Registration; User Accounts, Passwords, and Security
You are obligated to register and set up an account in the Portal in order to access the Service, and the Service is available only to Users who have registered and have been granted accounts with usernames and passwords. You agree to accurately maintain and update any information about yourself that you have provided to Better Weight for Life, Telemedicine Providers, or the Pharmacy. If you do not keep such information current, or fail to submit truthful, accurate, and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Portal services. You also agree to immediately notify Better Weight for Life of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Portal by emailing at [email]. In addition, you agree to keep confidential your username and password and to exit from your User account at the end of each session. You may not use anyone else’s account at any time.
You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you. We may investigate any alleged or suspected violations and if a criminal violation is suspected, we may cooperate with law enforcement agencies in their investigations.
Use and Ownership of the Service
The Portal and the information and Content available through the Portal are protected by copyright laws throughout the world. Subject to this Agreement, we grant you a limited, non-transferable, revocable license to access and use the Portal for your personal use. Unless otherwise specified by us in a separate license, your right to use any of the Service or the Content is subject to this Agreement, and all rights in the Service and Content are reserved by us. You agree that we and our suppliers own all rights, title, and interest in the Service (including but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service. Our stylized name and other related graphics, logos, service marks, and trade names used on or in connection with the Service are trademarks belonging to us and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in the Service are the property of their respective owners.
License to Information Submitted via the Portal
Subject to any limitations on Protected Information described below, any information you transmit to Better Weight for Life via the Portal, whether by direct entry, submission, email, or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable Account settings that you select, you grant Better Weight for Life a fully-paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Submissions (in whole or in part) for the purposes of operating and providing the Portal services to you and to our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Submissions has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Better Weight for Life, are responsible for all of the Submissions that you provide to the Portal. In addition to the foregoing, Better Weight for Life shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that Better Weight for Life deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.
If a Submission you make contains Protected Information, Better Weight for Life’s rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law.
Right to Monitor
We reserve the right to monitor general use of the Service at any time as it deems appropriate and to remove any materials that, in our sole discretion, may be illegal, may subject us to liability, may violate this Agreement, or are, in our sole discretion inconsistent with Better Weight for Life’s purpose for the Service.
Third-Party Goods and Services
Parties other than Better Weight for Life, including Labs, Pharmacies, Medical Groups and Providers, provide services or sell products through the Service (collectively, “Third-Parties”), and Better Weight for Life may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third-Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.
You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Service, including any Third-Party Goods and Services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other User or any other entity or individual, you understand and agree that Better Weight for Life is under no obligation to become involved in such dispute, and you hereby release and indemnify use and , and their respective corporate parents, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Better Weight for Life Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Certain of our shareholders, directors, officers, employees, contractors or agents (collectively, “Better Weight for Life Owners and Personnel”) may have a financial interest in one or more Third-Parties and may profit from your use of the Third-Parties and/or the sale of Third-Party Goods and Services to you.
Terms of Sale
All products offered for sale by Better Weight for Life are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time. You are responsible for any applicable sales, use, duty, customs, or other governmental taxes, levies, or fees (“Taxes”) due with respect to your purchase of products or services through our Portal. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at the checkout. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
Only valid payment methods acceptable to us may be used to complete a purchase via the Portal. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If your designated payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment service providers may request and may receive, updated payment card information from your payment card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, you agree we may update your account information accordingly and will use such updated information to process payments for your future purchases and applicable subscription charges (including any applicable taxes, shipping, and handling charges). Your payment card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated card information. If you wish to opt-out of your payment card’s updating service, you should contact your card issuer. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or card issuer reverses a charge to your payment card, we may bill your account directly and seek payment by another method including a mailed statement.
If any of the products in your order are unavailable, we will only charge the prices, Taxes, and other applicable charges associated with the products that are included in the shipment. In connection with any purchase you make through the Portal, you may be asked to supply certain information relevant to the transaction, including, without limitation, your payment card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Better Weight for Life without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information (and any updated information we receive) to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.
You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Failure to answer any of the questionnaires and on time could result in delayed delivery. Unless we state otherwise in writing via the Portal, the risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
We reserve the right to remedy User issues and concerns on a case-by-case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.
Better Weight for Life may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if our agreement with Telemedicine Providers, or Pharmacy terminates or if we discontinue the Portal. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with us. You agree that if your use of the Service is terminated pursuant to this Agreement, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all Better Weight for Life Parties harmless from any and all liability that any such Better Weight for Life Parties may incur with respect thereto.
Content and other information contained on the Portal is provided by Better Weight for Life as a convenience. Users relying on Content or other information from the Portal do so at their own risk.
THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. Better Weight for Life AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE Portal, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, THE LABS, AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR \PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM. Better Weight for Life DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE Portal. Better Weight for Life DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER-ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, SHALL Better Weight for Life BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD-PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Better Weight for Life HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Better Weight for Life SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE Portal, SERVICE, OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold Better Weight for Life and any Third Parties offering products or services through the Portal, including Telemedicine Providers or Pharmacy, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Portal, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
When you access or use the Portal or send emails or SMS messages to us or Telemedicine Providers, you are communicating with us and Telemedicine Providers electronically. You consent to receive communications from us and Telemedicine Providers electronically. We will communicate with you via email, SMS messaging, or through the Portal. 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. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.
It is Better Weight for Life’s policy to terminate the use of the Portal by any User who repeatedly infringes copyright upon prompt notification to Better Weight for Life by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Portal of the material that you claim is infringing; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Binding Arbitration / Class Waiver
YOU AND WE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND US OR ANY OF THE Better Weight for Life, TELEMEDICINE PROVIDERS, OR PHARMACIES ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO Better Weight for Life PARTIES, THE Portal, THE CONTENT OR THE SERVICE, OR ANY OTHER GOODS, SERVICES OR ADVERTISING BY Better Weight for Life OR ANY OF THE PARTIES,, PHARMACIES OR TELEMEDICINE PROVIDERS, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY, OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case the applicable Better Weight for Life Party will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Better Weight for Life also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses. Notwithstanding the foregoing sentence, the Better Weight for Life Parties will not seek to recover attorneys’ fees or costs incurred in arbitration from you if you are a consumer.
The arbitration shall be conducted in Deleware, USA except that, in the event, the location is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; and/or (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; then you and the applicable Better Weight for Life Party agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in San Francisco, California, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CAN NOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in Deleware, USA, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in Delaware, USA for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.
You can opt out of the provisions of this Agreement that require the arbitration of Disputes within 30 days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with Better Weight for Life or any of the Better Weight for Life Parties, Medical Groups, Labs, or Pharmacies. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with the applicable party to: Better Weight for Life. 2093 Philadelphia Pike #2384, Claymont, De 19703 United States and talktous@Better Weight for Life
Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to Better Weight for Life... 2093 Philadelphia Pike #2384, Claymont, De 19703 United States ATTN: Dispute Notice. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in this Agreement, if we make any future material modification to any provisions of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at Better Weight for Life... 2093 Philadelphia Pike #2384, Claymont, De 19703 United States and talktous@Better Weight for Life ATTN: Arbitration Opt-Out within 30 days of the effective date of such modifications.
Governing Law; Venue; Severability of Provisions
Those who choose to access the Portal f do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Portal from jurisdictions where the contents of the Service are illegal or penalized is prohibited.
The validity, interpretation, construction, and performance of this Agreement will be governed by the Federal Arbitration Act and the laws of the Deleware, without regard to any conflicts of law provisions.
All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
No Agency Relationship
Neither this Agreement nor any Content, materials, or features of the Portal create any partnership, joint venture, employment, or other agency relationship between you and Better Weight for Life, Telemedicine Providers, or the Pharmacies. You may not enter into any contract on our behalf or bind us in any way.
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Better Weight for Life may, in its sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of Better Weight for Lifeor to a third party in the event that some or all of the business of Better Weight for Life is transferred to such other third party by way of merger, sale of its assets or otherwise.
Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of Better Weight for Life, the Medical Groups, the Pharmacies, the Labs, and the Providers and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as specifically set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.
If you have any questions or concerns about this Agreement, please contact us by email at email@example.com. We will attempt to respond to your questions or concerns promptly after we receive them.
Better Weight for Life.
2093 PHILADELPHIA PIKE #2384
CLAYMONT, DE 19703
Last updated: Oct 5 2023