Health Meets Wellness ("we," "us," or "our") provides this website ("Site") to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

We reserve the right to change the terms, conditions, and notices under which this Site is offered, including but not limited to the charges associated with the use of this Site.

LINKS TO THIRD PARTY SITES

This Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Site, you warrant to us that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this Site in any manner which could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site.

CONTENT YOU SUBMIT

When using this Site, you may have the opportunity to submit reviews or feedback regarding your experiences with us, and to participate in bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication features designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not post content that contains:

• Personal and confidential information, including phone numbers, addresses, and health information;
• Vulgar content, including offensive, derogatory, obscene, profane, or inflammatory language or content;
• Threats or personal attacks on others;
• Discriminatory content or hate speech, including content that advocates against groups of people based on their race, ethnic origin, religion, disability, gender, gender identity, sexual orientation, age, or veteran status;
• Misrepresentations, including content submitted fraudulently on behalf of others or that misrepresents the your identity or connection with us or our practice;
• Non-applicable content, including posts that are not specific to us or our practice;
• Advertising or solicitations;
• Illegal content; or
• References to or information about ongoing legal matters or proceedings.

You further agree that you will not:

• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any content that does not comply with these terms or any publicly posted content that includes personal and confidential information. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Content uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the content. If you would like to remove your own review from this Site, please contact us.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. ADVICE RECEIVED VIA THIS SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this website are Copyright © 2023 Tebra Technologies, Inc. All Rights Reserved. All logos are trademarks and service marks of Tebra Technologies, Inc. All other trademarks, service marks and logos used in this Site are the property of their respective owners.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

NOTICES

Please contact us by phone at 934-203-8941 or by mail at 245 5th Ave, 3rd Floor, New York, NY 10016.

I hereby acknowledge and agree that I am voluntarily using the HMW Method App (the “App” or “We”) and participating in its health, fitness, nutrition, and wellness programs (the “Program”). I understand that the App provides guidance on exercise, training, nutrition, and general wellness but is not a substitute for professional medical advice, diagnosis, or treatment.

In consideration for being granted access to the App and the Program, I acknowledge and agree to the following:

1. Medical Disclaimer

The App is designed to support individuals in their health and wellness journey, with a focus on obesity medicine, weight management, and metabolic health. It provides educational resources, tracking tools, and personalized insights to assist users in making informed health decisions.

However, the App does not independently provide medical care. Medical services, including telehealth and in-office visits, are delivered exclusively through our affiliated medical practices, Health Meets Wellness and Bucks Health and Wellness.

For non-premium users, the App is for informational and educational purposes only and does not provide medical diagnosis, treatment, or direct healthcare services. You should always consult a qualified healthcare provider regarding any medical condition or concerns. No doctor-patient relationship is established through this app alone for non-premium users.

If you are experiencing a medical emergency, call 911 or seek immediate medical attention.

2. Acknowledgment of Risk

I understand that participating in physical exercise, dietary changes, and other wellness activities through the App involves inherent risks, including but not limited to:

• Physical injury, strain, illness, or exacerbation of pre-existing medical conditions;
• Short-term or long-term health effects due to exercise, diet, or lifestyle changes;
• Unintended consequences of engaging in activities without in-person supervision.

I voluntarily assume all risks associated with my use of the App and participation in the Program.

3. Medical Clearance

I understand that it is strongly recommended that I obtain medical clearance from a physician before beginning any exercise, nutrition, or wellness program. By using the App, I confirm that:

• I have obtained such medical clearance, or
• I have knowingly decided not to obtain medical clearance, assuming all risks associated with that decision.

4. Release and Waiver of Liability

To the fullest extent permitted by law, I hereby release, waive, and discharge HMW Method, its affiliates, licensors, owners, employees, contractors, and agents (the "Released Parties") from any and all claims, liabilities, and actions of any kind arising from my use of the App or participation in the Program, including but not limited to:

• Any physical or mental injury, illness, disability, or death resulting from my participation;
• Any adverse effects related to my use of workout, training, nutrition, or wellness recommendations;
• Any alleged negligence, omission, or fault of the Released Parties.

I accept full personal responsibility for any consequences resulting from my use of the App and the Program.

5. Privacy and Use of Personal Data

HMW Method respects your privacy. This section explains how HMW Method collects and protects certain information it receives from you. This section, and these Terms of Services, DO NOT apply to information that: (1) any employee, agent or consultant of HMW Method may collect offline or on any other apps or websites, including websites you may access through this App; or (2) you provide to or is collected by any third party (see Third-Party information Collection, below). Other websites, apps, and third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

COLLECTION OF YOUR PERSONAL INFORMATION

We collect information from and about you (i) directly from you when you provide it to us, and (ii) automatically when you use the App.

Information You Provide to Us

When you download, register with, or use this App, we may ask you to provide information by which you may be personally identified, such as name, postal address, email address, telephone number, age, gender assigned at birth ("personal information").

Information We Collect Through Automatic Data Collection Technologies

When you download, access, and use the App, it may use technology to automatically collect:

• Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.
• Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
• Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.

Third-Party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

• Analytics companies.
• Your mobile device manufacturer.
• Your mobile service provider.

These third parties may use tracking technologies to collect information about you when you use this app. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

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Third-Party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

• Analytics companies.
• Your mobile device manufacturer.
• Your mobile service provider.

These third parties may use tracking technologies to collect information about you when you use this app. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. We use CometChat to administer our in-app communication functions, which means that CometChat collects information about you when you utilize the communication functions built on the CometChat platform as described in the CometChat privacy policy https://www.cometchat.com/legal-privacy-policy.

Additionally, the App may connect directly with certain body composition analyzer tools or other third party devices. Such tools or devices may collect information about you, and you should refer to the privacy policy of any third party tool or device used to understand what data is collected and how it is used.

Use of Your Personal Information

We use information that we collect about you or that you provide to us, including any personal information, to do the following:

• Provide you with the App and its contents, and any other information, products, or services that you request from us;
• Fulfill any other purpose for which you provide it;
• Notify you when App updates are available, and of changes to any products or services we offer or provide though it.

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction. In addition, we may disclose personal information that we collect or you provide:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Specifically:

• We use technical controls and safeguards to protect the privacy, security, integrity, and availability of your personal information;
• We use encryption for secure communication between servers;
• We maintain internal policies and processes that limit access to your information to our staff who need to know the information to perform their jobs;
• We maintain internal data retention and deletion policies to help us ensure we only store information about your use of our mobile apps as we describe in this policy.

The safety and security of your information also depends on you. There are steps you can take to further protect your information, including:

• Do not share the username and password you use with the App;
• Change your password immediately if you believe any unauthorized access has occurred;
• Use the security tools on devices you use with the App;
• Do not root or jailbreak devices you use with the App. Doing so can create security risks by removing your devices’ built-in security measures and exposing sensitive information on your device.

The transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

For Premium Users we are committed to protecting your personal health information in accordance with HIPAA (for U.S. users) and other applicable privacy regulations. While we implement industry-standard security measures, we cannot guarantee complete protection against unauthorized access.

State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

Changes to Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the App. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, or to register a complaint or concern, please email us at: support@healthmeetswellness.com

6. Use of Artificial Intelligence (“AI”)

Certain content in the App – including exercise and nutrition recommendations – may be generated with the assistance of AI and may not always be accurate, complete, or appropriate for every user. Please use your own judgment, common sense, and consult with relevant experts before making decisions based on this information.

7. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS APP AT ANY TIME.

ADVICE RECEIVED VIA THIS APP SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.

WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS APP, WITH THE DELAY OR INABILITY TO USE THIS APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS APP, OR OTHERWISE ARISING OUT OF THE USE OF THIS APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS APP.

8. Copyright and Trademark Notices

All contents of this app and trademarks are the property of their respective owners.

9. Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

10. Governing Law and Dispute Resolution

This agreement shall be governed by the laws of the State of New York, without regard to conflict of laws principles.

The parties agree to resolve any controversy, dispute or claim arising out of this Agreement or breach thereof (each, a “Dispute”) through good faith confidential negotiation. To the extent any Dispute cannot be resolved by good faith confidential negotiation, the parties agree to submit to binding confidential arbitration administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) or a successor organization, located in New York City, New York by a single arbitrator pursuant to its Streamlined Arbitration Rules and Procedures then in effect (https://www.jamsadr.com/rules-streamlined-arbitration/).

The foregoing sentence shall not apply to any claim that is expressly excluded from arbitration by statute or other applicable law that is not preempted by the Federal Arbitration Act. Except as otherwise authorized by applicable law, all awards of the arbitrator shall be binding and non-appealable. The arbitrator’s final award shall be made in writing and delivered to the parties within thirty (30) calendar days following the close of the hearing and shall provide a reasoned basis for the resolution of any Dispute and any relief provided.

11. Severability

If any portion of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full legal force and effect.

12. Doctor-Patient Relationship

Premium Users (Patients of Our Medical Practices): If you are an established patient of Health Meets Wellness or Bucks Health and Wellness, you may receive medical care through telehealth and in-office visits provided by licensed healthcare professionals at our medical practices. The app may serve as a supplement to your care by offering tracking tools, reminders, and communication features, but it does not replace direct medical consultations.

Non-Premium Users: No doctor-patient relationship is established through this app alone. Any information provided within the app is general in nature and should not be considered medical advice or a substitute for professional healthcare services.

13. Scope of Medical Services

Premium Users of the App may have access to tools to enhance your care experience, such as symptom tracking, lifestyle recommendations, and educational resources. However, all medical evaluations, diagnoses, and treatments occur through direct interactions with our providers at Health Meets Wellness or Bucks Health and Wellness, not through this app itself. Certain conditions may require in-person evaluation, and our healthcare providers will inform you if an in-office visit is necessary.

Non-Premium Users of the App may access general wellness resources, health tracking, and educational content without direct access to licensed medical professionals.

14. Accuracy of Information

While we strive to provide accurate and up-to-date health information, we do not guarantee that all content is free of errors, omissions, or outdated information. Medical guidelines evolve, and the information within this app may not always reflect the latest standards of care. Always consult with a qualified healthcare provider before making medical decisions.

15. User Responsibilities

By using this app, you agree to:

• Provide truthful and accurate health information when required.
• For Premium Users, follow medical advice provided through Health Meets Wellness or Bucks Health and Wellness, if applicable.
• Use the app in compliance with all relevant laws and regulations.
• Avoid misusing the app for fraudulent or harmful purposes.

16. Updates to Terms of Service

These Terms of Service may change from time to time. If we make material changes to how, we will notify you through a notice on the App. Your continued use of this App after we revise this policy means you accept those changes, so please check the policy periodically for updates.

If you have any questions regarding these terms of service, please contact us at: info@healthmeetswellness.com