Terms & Conditions
Acceptance of the Terms and Conditions Herein
By paying this invoice, or accessing these services (so defined below), you acknowledge that you have read, understood, accepted, and agreed to be bound by this agreement. If you do not agree to these terms and conditions or do not understand these terms and conditions, you are not allowed to use and/or access these services and if so. You hereby grant agency authority to any party who clicks the “I agree†button or otherwise accepts these terms and conditions on your behalf.
Binding Arbitration Notice
You agree that disputes between you and us (non-exhaustively: the company and/or our agents, contractors employees, officers, shareholders), and/or you and any affiliated individuals or groups (non-exhaustively: medical providers, nursing providers, and/or any other affiliated third-party), arising out of or in relation to these terms and conditions and/or the service will be resolved by binding, individual arbitration and you waive your rights to a jury trial and/or to participate in a class-action lawsuit or class-wide arbitration, so explained below.
This agreement is subject to changes as explained below
We may change these terms at any time and as required by law. This may include changing, adding, or removing terms. We may do this in response to legal, business, competitive environments or other reasons not listed here.
Ultimate BMI LLC. and/or its subsidiaries (collectively, Ultimate BMI LLC) owns and operates websites located at www.yourweightdoctor.com or www.myultimatebmi.com (collectively, the Platform) Your access and/or use of the Platform, or anything associated with it (non-exhaustively: any products, services, websites, software applications, mobile applications, content generated by Us and/or any affiliated third-party, the Service) are governed by these Terms and Conditions (the Terms and Conditions or the Agreement).
Please read this Agreement carefully as it establishes the important terms you need to know about the Services you are agreeing to. In this agreement, the use of the terms, you, yours and such similar phrasing refer to the person or entity using the Service.
Consent to Telehealth
Telehealth uses electronic communications to connect patients and providers for the remote delivery of healthcare services. Though Telehealth carries potential benefits, like any medical procedure it also carries potential risks. Specifically but non-exhaustively: Telehealth is not a substitute for in-person medical care for all cases or all conditions. If you do not accept the risks associated with using Telehealth, you should seek in-person care. As part of the on-boarding process you are offered the opportunity to agree to a Medical Consent form that includes consent to telehealth treatment. By using the Services you agree and acknowledge that Ultimate BMI LLC. is a third-party beneficiary of the Medical Consent and has the right to enforce it against you.
Use By Minors
The Service is not intended for use by anyone under the age of eighteen (18) and anyone under the age of eighteen (18) is prohibited from using any part of the Service and/or the Platform, except as to read these Terms and Conditions.
Your Relationship with Us
As part of the Service we make available certain products and services sold and/or offered by us and by third-party providers (medical and/or nursing care), pharmacies, diagnostics laboratories, and other vendors via our Service.
We provide prescription fulfillment services via Belmar Pharmacy Solutions Corporation (the Pharmacies)(This provider may change from time to time without notice. Any substitute pharmacy has the same terms of service as if it were named. We may also provide you with access to a network of independent third-party providers (which may change from time to time) and/or medical groups (the Providers) These providers offer certain independent medical and/or nursing services. By accepting these Terms and Conditions, you acknowledge and agree that any services or products received from the aforementioned providers and/or groups are also bound by this Agreement and that they are third-party beneficiaries of this Agreement.
No Medical-Relationship
Ultimate BMI LLC. has no control or interference with the practice of medicine, nursing, or any other such care by any providers. All providers are individually and solely responsible for managing the medical care and/or any treatments they provide to you. By accepting this Agreement, you understand and agree that Ultimate BMI LLC. is not acting as a healthcare provider and that you are not entering into a patient-provider relationship with us. By accepting this Agreement, you understand and agree that you may be entering into a patient-provider relationship or other such relationship with any one or more Providers.
No Pharmacy-Relationship
By accepting this Agreement, you understand and agree that Ultimate BMI LLC. is not acting as a pharmacy, nor do we control or interfere with any such services. By accepting this Agreement, you understand and agree that you may be entering into a relationship with a pharmacy, pharmacist, and/or pharmacy group or other such relationship with any one or more such third-party entities and authorize the aforementioned to access your prescription records through a Controlled Substances Prescription Management Program (CSPMP) or any other such program as is required by law and/or under the discretion of the Pharmacy.
Consent to the Use of Messaging
By accepting this Agreement, you understand and agree that Ultimate BMI LLC, along with third-party Providers and Pharmacies may receive messages regarding your treatment, and respond to you via email, text messages (SMS/MMS), phone calls, and voicemails (collectively, “Communicationsâ€) . You acknowledge and accept that Ultimate BMI LLC. and it’s affiliates are not responsible for the contents or security of any of those means of communications. These communications may contain important information about your health and treatment. You acknowledge that the receipt and reading of any such messages is solely your responsibility and that you agree to hold-harmless Ultimate BMI LLC. and any of it’s employees, officers, or affiliated entities (providers, pharmacies, etc.) regarding the receipt and reading of any such communications. You also accept that some or all of the Communications may be unrelated to your treatment, such as marketing and advertising Communications.
Consent to Pay for Services
Ultimate BMI LLC. and/or its subsidiaries are not currently enrolled with, accepting, or participating in any state, local, of federal healthcare and/or health insurance programs (non-exhaustively: Medicare, Medicaid, etcetera). You acknowledge and accept that Ultimate BMI LLC., the Providers, the Pharmacies, and yourself may receive payment from any such programs for any of the services or products provided by Ultimate BMI LLC. or any affiliated entities. By engaging with Ultimate BMI LLC. and using the Services, you are choosing to obtain service solely on a cash-basis. As such, you have sole financial responsibility for paying the costs associated with the Services.
By clicking Agree, checking a related box, or accessing these services you agree that you are exclusively choosing to access these services on a cash-basis and are solely responsibility for any costs incurred, and that neither you, nor Ultimate BMI LLC., the Providers, the Labs, nor the Pharmacies will submit any claims for reimbursement to any state, local, of federal healthcare and/or health insurance programs (non-exhaustively: Medicare, Medicaid, etcetera). Regular invoices are provided upon request.
Consent to Subscription Billing
If you have opted into a program that is a monthly subscription for purchase through Ultimate BMI LLC. that are offered on an automatically renewing subscription basis, your payment method will be charged automatically every month (or at any other agreed-upon interval as displayed during the onboarding process) until you cancel your subscription plan (the Charges). You may cancel your future subscription at any time before your payment is processed by emailing myultimatebmi@gmail.com directly requesting a cancellation. At that time, any outstanding invoices will be charged via your payment method and your subscription will be canceled.
Consent to Bundling Billing
To make your experience using the Service simpler, costs and fees associated with the Service from Ultimate BMI LLC. and all third-party affiliates ( Providers, Pharmacies, etc.) will be bundled into one charge to your payment method.
Prescription Only Products
Some of the Products and Services offered via the Platform require a valid prescription. Payment does not guarantee the writing or dispensing of any prescription medications. You will not be offered a prescription unless you have completed a medical intake form, have established a patient-provider relationship with a Provider, have completed a medical consultation with said Provider, and have an established medical need for said prescription (as determined in the Providers professional judgement). If you choose to have an affiliated Pharmacy fulfill that Product, the charges associated with said Product will be bundled into the Charges.
Risks and Disclosures
You agree that you have read, understood the information provided about any prescribed medications available from the FDA. Your use of any prescription medication, reliance on any provider, or reliance on any information or notification delivered by the Providers via the Platform, is solely and exclusively at your own risk and you assume full responsibility for all risks associated herewith.
Mediation and Binding Arbitration
If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Healthcare Payor Provider Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Healthcare Payor Provider Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Class-Action Waiver
You hereby waive, with respect to any dispute, the right to participate in a class action, private attorney general action, or other representative action in court or group-arbitration either as a class representative or class member, and hereby waive the right to join or consolidate claims with the claims of any other person or group; as allowed by law.
Severability of Terms
If a provision of this Agreement is or becomes illegal, unenforceable, or invalid in any jurisdiction, it shall not affect the enforceability or validity in that jurisdiction of any other provision of this Agreement, and/or the enforceability or validity in other jurisdictions of that or any other provision of this Agreement.
Assignment of Rights
This agreement is solely between you and Ultimate BMI LLC. No portion of your rights or agreed upon terms may be assigned to anyone else and any attempt to do so is null and void. Ultimate BMI LLC. may, at any time and in our sole discretion, assign, transfer, or other such action, without your additional consent or notice, this entire Agreement or any part of this Agreement, to any third-party of our choice.
Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland. You hereby consents to the subject matter and personal jurisdiction of the Maryland Court, over any action brought by either Party to enforce this Agreement.
Refunds/Returns
General Rules for Other Service Packages:
We do not offer refunds due to the nature of the service we provide. No prorated refunds.
General Rules for Consultations:
All paid consultations are non-refundable
General Rules for Refunds as related to any prescribed medications:
*By law, once a prescription has left a pharmacy it may not be returned for resale. If the providing pharmacy made an error while filling your prescription, we will refund your cost of the prescription that was paid directly to the pharmacy. All other services related to the transaction are non-refundable.
A prescription error is ‘any preventable event that may cause or lead to inappropriate medication use or patient harm, such as wrong drug, wrong dose, wrong directions, etc.
*We are not responsible for
» Errors made by the third party physician/physician staff when ordering your prescription.
» Dissatisfaction with a medication due to the side effects, or lack of efficacy.
» Errors made by the patient or third party provider
Free Telehealth Benefit:
To utilize the free TeleHealth benefit you must opt in to the program and not have any commercial insurance at the time of opt in. This includes all company sponsored health plans, Medicaid, Medicare, or any other commercial policy that provides health benefits to you. In order to opt in you must email us at myultimatebmi@gmail.com and let us know you want to opt in and we will need some additional information and verify that you have no other commercial insurance.
Have more questions?
Call us at 855-456-9264
