These TOU may change. Because your use of the Site means that you agree to these TOU, if we revise and update these TOU, your continued use of Rebuild Health and the Site will mean that you accept these changes. You choose whether or not to use Rebuild Health and the Site. If you do not agree to all of these TOU, please do not use Rebuild Health and the Site.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
Your Relationship with Rebuild Health
Rebuild Health itself does not offer any diagnosis or treatment. ALL INFORMATION PROVIDED ON THIS SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY REBUILD HEALTH IS INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY AND IS IN NO WAY INTENDED TO CREATE A PROVIDER-PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. USE OF THE REBUILD HEALTH SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT AND RELIANCE ON ANY INFORMATION PROVIDED BY REBUILD HEALTH IS SOLELY AT YOUR OWN RISK.
Your Representations, Warranties and Covenants to Rebuild Health
By accessing the Site, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these TOU with Rebuild Health, (iii) the information you have provided to Rebuild Health in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Site (v) you will not interfere with a third party's use and enjoyment of the Site (vi) you will not interfere with or disrupt Rebuild Health's or its vendors' security measures, (vii) if any information you provide to Rebuild Health becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Rebuild Health, and (viii) you are accessing the Site for yourself.
Rebuild Health is designed to support your health decisions and choices you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive from a formal provider-patient relationship. Always use common sense when making health decisions. Rebuild Health cannot make decisions for you. Rebuild Health is not a place for treatment or diagnosis. Please use any information you find on the Site responsibly.
You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Site. You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the Site. We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Site at any time without prior notice.
Access to the Site
The Site and the information and content available through the Site are protected by copyright laws throughout the world. Subject to these TOU, Rebuild Health grants you a limited, non-transferable, and revocable license to access and use the Site for your personal use. Unless otherwise specified by Rebuild Health in a separate license, your right to use any of the services available through the Site is subject to these TOU and all rights are reserved by Rebuild Health. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights incorporated in or accompanying this Site.
Any use or attempted use of this Site (1) for any unlawful, unauthorized, fraudulent, or malicious purpose; (2) that could damage, disable, overburden, or impair the Site; (3) that could interfere with any other party’s use and enjoyment of the Site; (4) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means; or (5) for any other use other than the business purpose of which it was intended, is prohibited. Rebuild Health reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. Rebuild Health further reserves the right to monitor general use of the Site at any time as it deems appropriate and to remove any materials that may violate these TOU.
In the event you enroll with Rebuild Health for additional features of the Services as herein set forth, Rebuild Health shall charge you an annual membership fee, which is currently set forth at $150 (the “Membership Fee”) for access to such features. The Membership Fee may be modified by Rebuild Health from time to time. Certain members may have access to the Services through their employers or other organizations, and as a result, the Membership Fee will not apply to such members.
The Membership Fee covers costs associated with personal services that enhance your healthcare experience, tools to facilitate access to healthcare services, and certain telehealth and expert medical services provided by the PLLC. Membership services include, without limitation, access to COVID-19 PCR and rapid testing and coordination of such testing, higher-touch personal services such as insurance and billing navigation, advisory services, access to telehealth services provided by the PLLC, and digital tools for easy access to the Services. A list of the Services provided with the Membership Fee is more fully set forth here. PAYMENT OF THE MEMBERSHIP FEE TO REBUILD HEALTH IS NOT A REQUIREMENT TO RECEIVE SERVICES AT THE PLLC.
The Membership Fee is not a covered benefit under any health insurance plan or other healthcare benefit plan such as the Health Saving Account or Flexible Spending Account. As a result, you acknowledge that you may not be able to submit the Membership Fee for coverage under your insurance or benefit plan, and as such, you will be responsible for the cost of such Membership Fee.
For Rebuild Health paid members, Rebuild Health will charge your Membership Fee to your designated billing account. You agree to make the payment using your chosen payment method. IF YOUR ACCOUNT IS SUBJECT TO THE MEMBERSHIP FEE, YOU AUTHORIZE REBUILD HEALTH TO CHARGE YOUR CHOSEN PAYMENT METHOD THE MEMBERSHIP FEE, AS WELL AS ALL APPLICABLE TAXES AND FEES, AT THE TIME OF INITIAL PAYMENT AND ANNUAL PAYMENTS THEREAFTER, UNTIL YOU CANCEL. YOU MUST CANCEL YOUR MEMBERSHIP BEFORE IT RENEWS ON THE ANNIVERSARY OF THE INITIAL PAYMENT TO REBUILD HEALTH TO AVOID BEING CHARGED THE MEMBERSHIP FEE FOR THE NEXT YEAR. YOU CAN CANCEL YOUR MEMBERSHIP AT ANY TIME BY LOGGING INTO YOUR REBUILD HEALTH ACCOUNT AND SELECT “CANCEL MEMBERSHIP” OR CONTACTING US AT email@example.com. IF YOU CANCEL YOUR MEMBERSHIP AND YOUR MEMBERSHIP TERM HAS NOT EXPIRED, YOU MAY CONTINUE TO USE THE SERVICES UNTIL THE END OF YOUR THEN-CURRENT MEMBERSHIP TERM AND YOUR MEMBERSHIP WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. HOWEVER, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE MEMBERSHIP FEE PAID FOR THE THEN-CURRENT MEMBERSHIP PERIOD.
If the amount to be charged to you varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), for example, due to an increase in the Membership Fee, you have the right to receive, and Rebuild Health will provide, notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction. If you do not agree with the new amount in the notice, you may cancel the transaction by logging into your account and selecting “cancel membership” or contacting us at firstname.lastname@example.org.
Third Party Links
Rebuild Health may provide links to third-party web sites. Rebuild Health does not recommend and does not endorse the content on any third-party websites. Rebuild Health is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements. Your use of third-party websites is at your own risk, and subject to the terms and conditions of use for such sites. Rebuild Health does not endorse any product, service, or treatment advertised on the Site. Rebuild Health does not control and is not responsible for the privacy practices of such third parties. Rebuild Health encourages you to review the privacy policies of each website and application you visit and use.
Limitation on Use by Minors
Our service is intended for use by individuals who are at least eighteen (18) years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual accesses the Site. The Site is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age. If Rebuild Health obtains actual knowledge that it has collected personal information through the Site from a person under eighteen (18) years of age, Rebuild Health will use reasonable efforts to refrain from using such personal information or maintaining it in retrievable form. Individuals under eighteen (18) years of age (and/or their parent or guardian) may contact Rebuild Health if they believe their personal information has been collected and/or displayed on the Site and request its removal and/or destruction.
Please note that Rebuild Health is not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example: (1) when an international, federal, state, or local law, rule, or regulation requires Rebuild Health to maintain the content or information; (2) when Rebuild Health maintains the content or information on behalf of a user’s healthcare provider as part of such user’s medical record; (3) when the content or information is stored or posted to the Site by a third party other than the user (including any content or information posted by the user that was stored, republished, or reposted by the third party); (4) when Rebuild Health anonymizes the content or information, so that such user cannot be identified individually; (5) when such user does not request that such information be removed from the Site; and (6) when such user has received compensation or other consideration for providing the content or information.
The foregoing is not intended to be an admission that Rebuild Health is subject to the Child Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Online Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
In connection with any transaction they conduct through the Site, users of the Site may be asked to supply certain information relevant to the transaction, including, without limitation, credit card numbers and expiration dates, billing addresses, shipping addresses, phone numbers, or email addresses. By submitting such information, users grant Rebuild Health without charge the irrevocable, unencumbered, universal, and perpetual right to provide such information to third parties for the purpose of facilitating the transaction.
No delay or omission by Rebuild Health to exercise any right or power it has under these TOU or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Rebuild Health must be in writing and signed by an authorized representative of Rebuild Health.
Rebuild Health strives to use reasonable physical, technical, and administrative measures to protect information under its control. However, you as a user of the Site are responsible for keeping your account passwords and login information secure and confidential, and you are responsible for any all use of the Site. If you have reason to believe that the security of your account has been compromised, please notify us immediately at email@example.com.
As a User of the Site, you may choose to not provide us with certain information, but this may limit the features you will be able to user, or it may prevent you from using the Site all together. You may also choose to opt out of receiving certain communications from Rebuild Health.
Rebuild Health may supplement, amend, or otherwise modify these TOU at any time. When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these TOU periodically.
YOUR ACCESS AND USE OF THE SITE IS VOLUNTARY AND IS AT YOUR SOLE RISK. REBUILD HEALTH 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 SITE AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. REBUILD HEALTH DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SITE. REBUILD HEALTH DOES NOT WARRANT THAT THE SITE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, OR IMPERFECTIONS.
Limitation of Liability
IN NO EVENT SHALL REBUILD HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS OF USE, OR INABILITY TO USE THIS SITE OR ANY OTHER SITE LINKED TO THIS SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION, SITE, ERRORS, OR OMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO THE SITE. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST REBUILD HEALTH FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THE SITE.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST REBUILD HEALTH ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OF YOUR USE OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
These TOU and any other agreements Rebuild Health may post on the Site or that you and Rebuild Health may execute from time to time constitute the entire agreement between Rebuild Health and you in connection with your use of the Site and supersede any prior agreements between Rebuild Health and you regarding use of the Site, including prior versions of these TOU.
Governing Law and Jurisdiction
Accessing this Site or use of any of its content or services from locations where such access or use of its content or services is illegal is prohibited. Notwithstanding the laws of the location from which you access the Site, you agree that the statutes and laws of the State of New York, notwithstanding any principles of conflicts of law, will apply to all matters relating to the use of the Site. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New York, Westchester County, in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction.
If any part of these TOU are deemed unlawful, void, or unenforceable, such part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
In the event of any dispute between you and Rebuild Health, you agree that such dispute shall be resolved through arbitration in Westchester County, New York by the American Health Lawyers Association (“AHLA”) Dispute Resolution Service and conducted pursuant to the applicable AHLA Rules of Procedure for Arbitration (the “Arbitration Rules”). The fees and expenses of any arbitration shall be allocated in accordance with the “Standard Allocation” provisions of the Arbitration Rules. The award of the arbitrator shall be final, binding and conclusive on all parties to the arbitration.
Changes to this Agreement
When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these TOU periodically. Your continued use of Rebuild Health constitutes your agreement to the changed TOU.
Last modified: August 23, 2021