Cancellation requests must be received at least one week prior to next billing date or else cancellation will be processed the following billing period.
There are no refunds for membership amounts already paid. There are no guarantees in terms of outcome or results from working together. You acknowledge and agree that you are solely responsible for the use of your Membership and the results attained from such use.
Medicine with Heart is not a primary care or emergency medicine office. You are required to have a primary care physician outside of our office. Because of this, providers at Medicine with Heart are considered “health consultants”. Information provided is to be considered the opinion of the provider and it is solely your responsibility to consult your primary care physician before implementing anything recommended by Medicine with Heart. Medicine with Heart will be unable to prescribe pharmaceutical medications for those outside of Colorado without an in-person visit at least once per year. Medicine with Heart will never prescribe controlled substances and will not fill prescriptions for medical issues not being addressed directly by Medicine with Heart. Whether or not to prescribe anything at any point will be at the sole discretion of the practitioner(s) at Medicine with Heart and in no case is there a guarantee nor is it implied that Medicine with Heart will be able to fill any prescription whatsoever. The clinic specializes primarily in non-pharmaceutical substances.
You acknowledge that no part of the Membership shall be paid in consideration for medical services covered by your insurer, health plan or by any governmental program, including Medicare. You agree to bear sole financial responsibility for the Membership Fee. All or a portion of your
Membership Fee may be purchased or reimbursed by a third party, such as an employer.
Notwithstanding such third-party payment or reimbursement, you shall be bound by the terms and conditions of this Agreement.
Nothing contained in this Agreement, including any compensation paid or payable, is intended or shall be construed: (i) to require, influence, or otherwise induce or solicit either party regarding referrals of business, or recommending the ordering of any items or services, of any kind
whatsoever to the other party or any of its affiliates, or to any other person, or otherwise generate business between the parties; or (ii) to interfere with your right to choose your own health care.
Once your Membership is cancelled or expired, you are no longer entitled to access any of the Membership services regardless of how much or how little you utilized during the Membership Period. Each month if your Membership renews or you sign up for another level of Membership, any
sessions or visits you still had access to from your previous Membership Period do not roll over or transfer. You simply begin with access to only that which your current Membership makes available to you.
Services not specified as being included at the level of Membership selected and paid for are not covered by the Membership Fee. If you require healthcare or other services, procedures or products outside of those specified as being included at the level of Membership selected and paid for
(“Additional Services”), you will be solely responsible for the cost of such healthcare or other services. Living Love, LLC may refer you to another physician or other healthcare practitioner for Additional Services. Alternatively, Medicine with Heart in its sole discretion may provide such
Additional Services for an additional fee (i.e. supplements, labs, injection therapy, etc).
Medicine with Heart reserves the right to terminate your membership at any time if you breach this Agreement, if you do not pay your fees owed as specified by this Agreement, or if your harassment, threatening behavior, or any other action that Medicine with Heart’s reasonable discretion places Medicine with Heart personnel at risk of harm.
You acknowledge that telemedicine is an integral part of Medicine with Heart’s Services. You authorize Medicine with Heart to communicate with you by Electronic Communication regarding your personal health information (“PHI”, as defined in the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations) via your cell phone and/or e-mail you provide to Medicine with Heart or in connection with your account. Electronic Communication includes but is not limited to email, text (SMS, MMS, Instant Messaging), and video conference. You acknowledge and agree that:
• Electronic Communication may not be a secure medium for sending or receiving PHI;
• Although Living Love, LLC will make reasonable efforts to keep Electronic Communication with you
confidential and secure, Medicine with Heart cannot assure or guaranty the confidentiality of Electronic Communication;
• At the discretion of Medicine with Heart, Electronic Communication may be made a part of your permanent medical record;
• You will not use Electronic Communication for communications regarding urgent medical problems, other time-sensitive issues, or for communication regarding sensitive personal information; and
• Medicine with Heart will not be liable to you for any loss, damage, cost, injury or expense caused by, or resulting from technical failures or any interception of Electronic Communication by a third party.
Medicine with Heart’s copyrighted and original materials will be provided to you for individual use only and a single-user license. You are not authorized to use any of Medicine with Heart’s intellectual property for your business purposes. You are not authorized to share, copy, distribute, or otherwise disseminate any materials received from Medicine with Heart electronically or otherwise without the prior written consent of Medicine with Heart. All intellectual property, including Medicine with Heart’s course materials, shall remain the sole property of the Medicine with Heart. No license to sell or distribute Medicine with Heart’s materials is granted or implied.
Except as expressly stated in this Agreement or required by applicable law, Living Love, LLC hereby disclaims any and all warranties, both express and implied, including any warranty of noninfringement, fitness for a particular purpose or merchantability. Living Love, LLC’s total liability to you, your heirs, successors and assigns arising with respect to this Agreement, your Membership and any Services performed by Living Love, LLC (including Additional Services) shall be limited to the aggregate amount of fees paid to Living Love, LLC by you for your Membership. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED OPPORTUNITY OR PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The purchase of a Membership establishes a fee for service relationship pursuant to which Medicine with Heart is acting as an independent contractor providing Services in accordance with this Agreement. Your status as a Member does not mean that you are an investor or have an ownership interest in Medicine with Heart.
During the term of Membership and for a period of two (2) years immediately following termination or lapse of Membership for any reason, you and Medicine with Heart each agree not to make, publish or communicate to any person or entity, or in any public forum, whether directly or indirectly through any third party, any disparaging, negative, false, misleading or defamatory remarks, comments or statements regarding the other party; provided, that the foregoing shall not limit the right to respond truthfully under oath as required pursuant to legal or regulatory process.
In the event that any provision of this Agreement, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement shall continue in full force and effect and the application of such provision to other persons or circumstances shall be interpreted so as reasonably to effect the intent of the parties.
This Section shall survive termination or expiration of this Agreement.
These terms and conditions constitute the entire understanding and agreement between the parties with respect to its subject matter and supersede all prior agreements or understandings, whether written or oral, with respect to the same subject matter. No amendment of this Agreement shall be binding on a party unless made in writing and signed by all parties. Notwithstanding the foregoing, Medicine with Heart may unilaterally amend this Agreement to the extent required by law or regulation by sending you advance written notice of any such change.
All disputes between the parties arising out of or related to this Agreement or your Membership shall be submitted to binding arbitration in accordance with the Commercial Rules of the American Arbitration Association (“AAA”). The Arbitration shall be held in Colorado. The arbitrator(s) shall apply substantive law of Colorado, or federal substantive law where state law is preempted. Subject to the limitations of liability contained herein, the arbitrator(s) shall have the power to grant all legal and equitable remedies and award compensatory damages as provided pursuant to Colorado or federal law. The arbitrator(s) shall prepare in writing and provide to the parties an award including factual findings and the legal reasons on which the award is based. The prevailing party in any Arbitration hereunder shall be awarded reasonable attorneys’ fees, expert and non-expert witness costs and any other expenses incurred directly or indirectly with said Arbitration, including without limitation the fees and expenses of the arbitrator(s). Any award rendered pursuant to such arbitration shall be final and binding upon the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction over parties. Except as specified herein, each party shall bear its own costs and attorneys’ fees in connection with any such arbitration. EACH PARTY UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, THE PARTY AGREES TO SUBMIT ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO ARBITRATION, AND THAT THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN THIS SECTION CONSTITUTE, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, A WAIVER OF THE PARTY’S RIGHT TO A JURY TRIAL.
The intellectual property, disclaimer of warranties, limitation of liability, non-disparagement, proprietary rights, any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination or lapse this Agreement.
You acknowledge and agree that Membership and this Agreement do not constitute an insurance plan or a contract for health insurance, and are not a substitute for health insurance or other health plan coverage. The Services provided by Medicine with Heart are intended to be services that are not covered by or reimbursable under any private health insurance policy, private health plan, or government program (including, but not limited to, Medicare/Medicaid) in which you participate.
You acknowledge and agree that Membership establishes a direct contractual relationship for the performance of services between you and Medicine with Heart, as the service provider, governed by this Agreement. Your Membership is not subject to the guidelines, restrictions or policies established by health insurance companies, health maintenance organizations, hospital service organizations, or Medicare/Medicaid. You further acknowledge and agree that Medicine with Heart will not fulfill an insurance company’s or HMO’s requirement for an in-network primary care physician.
Medicine with Heart does not provide hospital, urgent/emergency or specialist services and your Membership will not cover or provide reimbursement for hospital, urgent/emergency or specialist services. Medicine with Heart’s practitioners are available only during the business hours specified by Medicine with Heart pursuant to the scheduling and contact policies or notified to you by Medicine with Heart from time to time. Medicine with Heart does not provide for urgent, same-day or emergency appointments. Medicine with Heart staff are not on-call 24 hours per day and generally are not available on nights, weekends or holidays. IN THE EVENT OF AN EMERGENCY OR CIRCUMSTANCES REQUIRING URGENT CARE, YOU SHOULD IMMEDIATELY CALL 911, THE NEAREST EMERGENCY ROOM OR URGENT CARE CENTER, AND FOLLOW THE DIRECTIONS OF EMERGENCY PERSONNEL.
These terms were last updated on August 25th, 2020. If you have questions please contact [email protected]