Terms of Service

Acceptance of Terms

Welcome to Thrive Medical Weight Loss. By accessing or using our website, services, or any related applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

Description of Services

Thrive Medical Weight Loss provides telehealth and medical weight loss services, including but not limited to:

• Medical consultations and evaluations
• Prescription weight loss medications when medically appropriate
• Nutrition counseling and guidance
• Ongoing monitoring and support
• Educational resources and tools

Our Services are provided by licensed healthcare professionals and are intended for adults seeking medical weight management support.

Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Be a resident of California which we are licensed to provide services
• Provide accurate and complete information during registration and consultations
• Have the legal capacity to enter into this agreement

We reserve the right to refuse service to anyone for any reason at any time.

User Responsibilities

By using our Services, you agree to:

• Provide Accurate Information: Supply truthful, complete, and current information about your health history, medications, and personal details
• Follow Medical Advice: Adhere to the treatment plans and recommendations provided by our healthcare providers
• Report Adverse Effects: Immediately notify us of any side effects, adverse reactions, or changes in your health condition
• Maintain Account Security: Keep your login credentials confidential and notify us of any unauthorized access
• Use Services Appropriately: Not misuse, abuse, or attempt to manipulate our Services or systems
• Comply with Laws: Use our Services in accordance with all applicable laws and regulations

Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make them available. The following activities are expressly prohibited:

• Systematically retrieving data or content from the Services to create a collection, database, or directory without written permission
• Tricking, defrauding, or misleading us or other users, especially in any attempt to learn sensitive account information
• Circumventing, disabling, or otherwise interfering with security-related features of the Services
• Disparaging, tarnishing, or otherwise harming, in our opinion, us and/or the Services
• Using any information obtained from the Services to harass, abuse, or harm another person
• Making improper use of our support services or submitting false reports of abuse or misconduct
• Using the Services in a manner inconsistent with any applicable laws or regulations
• Engaging in unauthorized framing of or linking to the Services
• Uploading or transmitting viruses, Trojan horses, or other malicious code that may affect the functionality of the Services
• Using any automated system, including robots, spiders, or scrapers, to access the Services
• Attempting to impersonate another user or person or using the username of another user
• Interfering with, disrupting, or creating an undue burden on the Services or connected networks
• Harassing, intimidating, or threatening any of our employees or agents
• Attempting to bypass any measures designed to prevent or restrict access to the Services
• Copying or adapting the Services' software, including Flash, PHP, HTML, JavaScript, or other code
• Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising the Services
• Using the Services for any commercial purpose not expressly approved by us
• Selling, sharing, or otherwise transferring your account or access credentials

User Generated Content

The Services may allow you to submit content such as reviews, comments, feedback, or other materials ("Contributions"). By submitting Contributions, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully transferable license to use, reproduce, modify, publish, distribute, and display your Contributions in connection with the Services and our business operations.

You represent and warrant that:

• You are the creator and owner of your Contributions or have the necessary rights to grant us the license described above
• Your Contributions do not infringe on the intellectual property rights, privacy rights, or any other rights of any third party
• Your Contributions do not contain material that is defamatory, obscene, abusive, offensive, or otherwise objectionable
• Your Contributions are not intended to deceive, defraud, or mislead

We reserve the right to edit, redact, or remove any Contributions at our sole discretion and without notice. We are not responsible or liable for any Contributions posted by you or any third party.

Medical Disclaimer

Important: The information provided through our Services is for general informational and educational purposes and should not be considered a substitute for professional medical advice, diagnosis, or treatment from a qualified healthcare provider.

While our licensed healthcare providers prescribe medications and provide medical advice, individual results may vary. Weight loss outcomes depend on many factors including adherence to the treatment plan, diet, exercise, and individual health conditions.

Emergency Situations: Our Services are not intended for medical emergencies. If you are experiencing a medical emergency, call 911 or go to your nearest emergency room immediately.

Telehealth Consent

By using our telehealth services, you acknowledge and consent to the following:

• Telehealth consultations involve electronic communication between you and healthcare providers
• While we use secure, encrypted technology, there are inherent risks with electronic communications
• Telehealth may not be appropriate for all medical conditions, and in-person care may be recommended
• You have the right to withdraw consent and discontinue telehealth services at any time

Payment and Billing

By purchasing our Services, you agree to the following:

• Pricing: All prices are listed in US dollars and are subject to change without notice
• Payment: Payment is due at the time of service unless otherwise arranged
• Subscriptions: Subscription services will automatically renew unless cancelled before the renewal date
• Refunds: Refunds are handled on a case-by-case basis. Medications that have been dispensed are generally non-refundable
• Insurance: We may or may not accept insurance. Please contact us for current insurance acceptance

Intellectual Property

All content on our website and Services, including text, graphics, logos, images, and software, is the property of Thrive Medical Weight Loss or its content suppliers and is protected by intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any content from our Services without our prior written consent.

Third-Party Links and Content

The Services may contain links to third-party websites, services, or content that are not owned or controlled by Thrive Medical Weight Loss. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

We do not endorse or guarantee the offerings of any third parties, and you access third-party websites or services entirely at your own risk. We strongly encourage you to review the terms and privacy policies of any third-party websites you visit.

Site Management

We reserve the right, but not the obligation, to:

• Monitor the Services for violations of these Terms
• Take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including reporting such users to law enforcement authorities
• In our sole discretion, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof
• Remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
• Manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES, AND WE ASSUME NO LIABILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY, OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES.

Limitation of Liability

To the fullest extent permitted by law, Thrive Medical Weight Loss and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses, resulting from:

• Your use or inability to use our Services
• Any unauthorized access to or alteration of your data
• Any third-party content or conduct
• Any other matter relating to our Services

Our total liability for any claims arising from your use of our Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Thrive Medical Weight Loss and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our Services or violation of these Terms.

User Data

You are solely responsible for maintaining backups of any data you transmit or that relates to any activity you have undertaken using the Services. We shall not be liable for any loss or corruption of your data, and you hereby waive any right of action against us arising from any such loss or corruption.

We will retain and use your data in accordance with our Privacy Policy. Upon termination of your account, we may retain certain data as required by applicable law or for legitimate business purposes.

Electronic Communications

By using the Services, you consent to receiving electronic communications from us, including emails, text messages, and notices posted on the Services. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

You also consent to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed through the Services.

Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use our Services will cease immediately.

You may terminate your account at any time by contacting us. Termination does not relieve you of any obligations incurred prior to termination.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Dispute Resolution

Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of California, and the arbitrator's decision shall be final and binding.

Waiver of Jury Trial: BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

Class Action Waiver: ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions: Notwithstanding the above, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. Small claims court actions that qualify may also be brought in lieu of arbitration.

Notice to California Residents

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

If you are a California resident and wish to opt out of the binding arbitration provision above, you may do so by sending written notice to us within 30 days of your first use of the Services. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration clause in these Terms of Service.

Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Contact Us

If you have any questions about these Terms of Service, please contact us: