Terms of Service

Acceptance of Terms

ACCEPTANCE OF THE Health Collective Concierge Program Agreement on the Health Collective clinic website ("Health Collective", "we", "us" or "our"). The following terms and conditions ("Terms and Conditions") govern (i) your access to and use of the materials provided by Health Collective LLC (the "Company"); (ii) your access to and use of any other digital interfaces and properties (e.g., mobile applications) owned, controlled by, or made available to you by Health Collective; and (iii) other physical or online or mobile-enabled technology, digital tools and other physical or digital services and products provided by Health Collective and its affiliates (together with the Site, the "Services").

Please read these Terms and Conditions carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms and Conditions in addition to our Privacy Policy, which are incorporated herein by reference. If you do not agree to the Terms and Conditions and/or the Privacy Policy, you must not access or use the Services.

The availability of the Services or any portion thereof, may be limited based on demographic, geographic, health or other criteria that we may establish from time to time. By using the Services, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract with us, are not trying to conceive or are pregnant, do not have Type 1 Diabetes, and have not had an active diagnosis of bulimia nervosa or anorexia nervosa in at least one year. If you do not meet all of these requirements, you must not access or use the Services.

Changes to the Terms and Conditions

We may revise and update these terms of the Concierge Program Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use or re-visitation of the Services following the posting of revised terms means that you accept and agree to the changes.

Accessing the Services

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use, and display this Site and the material provided hereon that you subscribed to, for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer, or sublicense your rights as a user of this Site or your membership.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY.

The content of the Services, including without limitation text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions.

The Services are not a substitute for professional medical diagnosis or treatment. Reliance on any information appearing on the Services is solely at your own risk. Health Collective may provide you with access to affiliated independent medical groups who provide health care services through the Site. All providers identified or accessible on the Services are independent of Health Collective and use the Services as a way to communicate with you.

If you fail to show up to a consultation once booked, we may charge a no-show fee of $30. Health Collective does not accept government insurance or work with government insurance companies at this time.

Reliance on Information Posted

The Services may include content provided by third parties, including materials provided by bloggers. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links to Other Websites and Resources

If the Services contain links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those websites or resources, and we are not responsible or liable for any loss or damage that may arise from your use of or reliance on them.

Electronic Communications

When you use the Services, or send emails, messages, and other communications to us, you are communicating with us electronically. You consent to receive communications from us electronically, including via mail, email, or text messaging (SMS/MMS).

By providing your mobile phone number and email address, you are agreeing to be contacted by or on behalf of Health Collective at the mobile phone number you have provided, via text message and/or email, to receive marketing-related information. Message and data rates may apply. To stop receiving text messages, reply "STOP". To stop receiving emails, follow the "unsubscribe" instructions included in the emails you receive.

Subscription Products

Products available for purchase through the Services may require purchase on a subscription basis. For subscription-based products, we will automatically charge your credit card or other account at the start of each billing period, unless you terminate or cancel your membership before the relevant renewal period begins. You agree that Health Collective may modify its subscription fees at any time upon at least thirty (30) days prior written notice.

You may cancel a subscription at any time before the applicable monthly processing date by calling the Health Collective office and speaking with a representative. If you terminate your paid subscription, cancellation will take effect at the end of your then-current subscription period.

Guarantee

Health Collective will provide you with a full refund of the cost of products purchased through the Service if you don't lose at least 15 pounds in the first three months so long as you have complied with the following requirements:

• You must complete the weekly food journal during the first week that treatment commences and provide it to Health Collective.
• You must attend weekly group calls at least once a week (3 call slots available weekly).
• You must confirm when your weekly medical injection occurred by sending an SMS text message or email indicating successful weekly administration.
• You must book and attend a one-on-one call with a Health Collective team leader at least once per month.
• You must commit to physical movement at least three times per week for a minimum of 20 minutes at a time, substantiated by a health tracker or smart watch unless health issues prevent such movement.

Terms of Sale

Only valid payment methods acceptable to us may be used to complete a purchase via the Services. 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).

You agree to provide true, accurate and complete information as required by the membership or sign up process, including your legal name, address, telephone number, email address and applicable billing information. You agree to maintain and promptly update this information to keep it accurate.

Refund Policy

Initial Consultation Fee: The initial medication consultation fee is not refundable except if you cancel within 3 days of your initial purchase and have not yet had your initial consultation.

Subscription Fee: The subscription fee is not refundable once a billing period has started except in the following cases:

1. Cancellation within 3 days of initial purchase before medication is shipped.
2. Cancellation after consultation because the clinician determines you are ineligible for prescription medications.
3. Cancellation due to an unforeseen medical reason prior to the end of a paid period.
4. Cancellation due to unavailability of prescribed medication when no alternate is offered.
5. Termination by us (other than for your violation of this Agreement) prior to the end of a paid period.

How to Cancel: Call Customer Care at 786-741-8446.

How to Reschedule: Email info@healthcollective.us with the subject "Rescheduling Consultation".

Site Access, Security and Restrictions

You are responsible for all activities that occur under your account. You agree to protect the confidentiality of your password, and not to share or disclose your password to any third party. Your access to the Services may be revoked by Health Collective at any time with or without cause.

Geographic Restrictions

The owner of the Services is based in the United States. We provide the Services for use only by persons located in certain states of the United States. If you access the Services from outside of the states in which we service or outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY OF OUR PROVIDERS, PARTNERS, AFFILIATES, OR HEALTH CONSULTANTS MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR OPERATION OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES.

Limitation on Liability

IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THE MAXIMUM LIABILITY OF HEALTH COLLECTIVE TO YOU UNDER ALL CIRCUMSTANCES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES.

Indemnification

You agree to defend, indemnify and hold harmless Health Collective, our affiliates, licensors and service providers, and our respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assignees, from and against any and all claims, liabilities, damages, actions, judgments, settlements, interest, awards, losses, fines, penalties, costs, or expenses arising from or relating to your violation of these Terms and Conditions, your use or misuse of the Services, or your violation of any third party's rights.

Termination

We may terminate your use of the Services for any or no reason at any time. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES.

Dispute Resolution

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

In the event of any dispute, the Parties shall consult and negotiate with each other in good faith for a period of thirty (30) days. If unresolved, all disputes shall be resolved by binding arbitration in Miami-Dade County, Florida, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Notice of a demand for arbitration shall be mailed to:

Class Action Waiver: Any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a collective or class action.

Limitation of Time to File Claims: Any action, claim or dispute you have against us must be filed within one (1) year, unless prohibited by applicable law.

Miscellaneous

Governing Law: All matters relating to the Services and these Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Florida.

Entire Agreement: These Terms and Conditions and our Privacy Policy constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous understandings and agreements.

State Law Provisions: Residents of Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin may cancel this agreement without penalty at any time prior to midnight of the third business day following the date of contract by calling Customer Care at (786) 741-8446.

Health Notices

This Service and our products provide weight loss and weight management information and are intended only to assist users in their personal wellness journeys. Health Collective is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis.

Health Collective prohibits participation in its weight loss and wellness plan for children under the age of 18 and individuals who have been diagnosed with or treated for anorexia nervosa or bulimia nervosa in the last year. You may not enroll in a Health Collective program if you are under age 18 or if you are pregnant.

Contact

The Services are operated by Health Collective, LLC. All feedback should be directed to www.HealthCollective.us. For technical support and customer care, contact us at (786) 741-8446.