1. Agreement to Terms
By accessing or using our websites, funnels, landing pages, patient portals, or any other online tools or services (collectively, the “Services”), you agree to be bound by this TOS and by our Privacy Policy. If you do not agree, do not use the Services.
HIPAA. When you become our patient, your Protected Health Information (PHI) is governed by our HIPAA Notice of Privacy Practices. These Terms govern general website and service use and do not limit your HIPAA rights.
We currently provide services (including telehealth) only in Alabama and Florida. If you access the Services from outside those states, you do so at your own risk and are responsible for compliance with local laws.
2. Eligibility & Accounts
You must be at least 18 years old (or the age of majority in your state) and able to form a binding contract.
You agree to provide accurate, current, and complete information and to keep it updated.
You are responsible for protecting any login credentials and for all activities under your account. Notify us immediately of unauthorized use.
3. No Medical Advice
All content provided through the Services is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with questions about a medical condition. If you are experiencing a medical emergency, call 911.
4. Communications; SMS & Email Consent
By submitting contact information, you consent to receive transactional communications (e.g., appointment confirmations, reminders, follow-ups). Marketing communications are sent only if you opt in.
TCPA/A2P Compliance: Text “STOP” to opt out of marketing texts at any time; “HELP” for help. Msg & data rates may apply.
Calls may be recorded/monitored for quality and training.
5. User Content & Conduct
You are solely responsible for any content you submit (reviews, photos, messages, etc.). You agree not to post content that is unlawful, defamatory, obscene, harassing, hateful, or that infringes another’s rights.
License Grant. By submitting content, you grant Elite Body Solutions LLC a worldwide, nonexclusive, royalty-free license to host, reproduce, and display such content solely for operating and improving the Services, subject to HIPAA/PHI protections where applicable.
6. Intellectual Property
All materials on the Services (logos, text, graphics, software, images, etc.) are owned by Elite Body Solutions LLC or its licensors and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Services without our prior written consent.
7. Pricing, Offers & Third-Party Links
Prices, promotions, and features may change without notice. The Services may link to third-party sites or tools (e.g., Google Maps). We are not responsible for their content or policies. Access them at your own risk.
8. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, Elite Body Solutions LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Elite Body Solutions LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES.
OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID TO US, IF ANY, IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME STATES DO NOT ALLOW LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification
You agree to indemnify, defend, and hold harmless Elite Body Solutions LLC and its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your violation of this TOS; or (c) your infringement of any third-party right.
11. Copyright Complaints (DMCA)
If you believe your copyrighted work has been used on the Services without authorization, send a written notice to our DMCA Agent:
DMCA Agent: Elite Body Solutions LLC
Email: [email protected]
Address: 5211 Skiff Ln, Gulf Shores, Alabama 36542
Your notice must include: (1) your physical/electronic signature; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the infringing material and its location; (4) your contact info; (5) a good-faith statement the use is not authorized; (6) a statement under penalty of perjury that the info is accurate and you are authorized to act.
12. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of this TOS. Sections that by their nature should survive termination (e.g., intellectual property, disclaimers, limitation of liability, indemnification) will survive.
13. Governing Law; Arbitration & Class Waiver
Governing Law. This TOS is governed by the laws of Alabama, without regard to conflict-of-law rules.
Binding Arbitration. Any dispute arising out of or relating to this TOS or the Services shall be resolved exclusively by binding arbitration in Gulf Shores, Alabama, under the American Arbitration Association (“AAA”), administered under the AAA Consumer Arbitration Rules (including any applicable supplementary procedures), as modified by this Agreement. Judgment on the award may be entered in any court of competent jurisdiction.
Class Action Waiver. YOU AND WE AGREE THAT ANY PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS—NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Small Claims Option. Either party may seek individual relief in small-claims court if the claim qualifies.
14. Electronic Communications & Signatures
You consent to receive communications electronically. You agree that electronic signatures and records have the same force and effect as paper signatures and records.
15. Changes to This TOS
We may update this TOS from time to time. The “Effective Date” above indicates the latest revision. Material changes will be posted on the Services. Your continued use after changes constitutes acceptance of the updated TOS.
16. Miscellaneous
• Entire Agreement. This TOS, together with any patient agreements or service consents you sign, constitutes the entire agreement between you and us.
• Severability. If any provision is held invalid, the remaining provisions remain in effect.
• No Waiver. Failure to enforce any provision is not a waiver of the right to do so later.
• Assignment. You may not assign this TOS without our written consent. We may assign it in connection with a merger, sale, or reorganization.
17. Contact Us
Elite Body Solutions LLC
5211 Skiff Ln, Gulf Shores, Alabama 36542
Phone: 251-351-4664
Email: [email protected]