Terms & Conditions

TERMS AND CONDITIONS OF MEMBERSHIP AND USE.

PLEASE REVIEW THE FOLLOWING CAREFULLY BEFORE USING OUR SERVICES.

 

New You Crew Nutrition & Fitness, LLC ("NYC," “us,” "we," or “our”) provides online health, fitness, and telemedicine services and other related products and services ("Services") through our website ("Site"). These Terms of Use ("Terms") govern the use of our Services and Site by individuals who register for or purchase our Services ("Clients," "Patients," "You," or "Your"). These Terms may be amended or modified at any time.

 

OUR SERVICES

 

NYC offers Telemedicine Services and Nutrition and Fitness Coaching Programs (“Program” or “Programs”), which provide personalized medical, nutrition, and exercise support through our Patient Portal and Health Coaching Application (“Coaching App” or “Coaching Apps”). Clients can connect with both a NYC Provider ("Provider") and a NYC Coach (“Coach”) who will help adjust and refine their program based on their feedback and results. NYC will match Clients with a Provider and Coach who is best suited to their goals, needs, personality, and experience. Clients can request to change or choose their Coach by emailing us at admin@newyouclinic.org. NYC reserves the right to change a Client's Coach at any time.

 

PAYMENT

 

You agree to pay for all fees and applicable taxes for your appointments, subscriptions, and/or prescriptions and authorize our third-party payment processor to charge your selected payment method and payment plan. Fees are non-refundable except in certain cases outlined in our money-back guarantee or as required by law. Prices, discounts, and promotions are subject to change without notice. NYC reserves the right to change pricing upon written notice and is not responsible for charges or exchange rates applied by your financial institution. You are responsible for providing accurate billing and contact information to NYC. NYC reserves the right to suspend or terminate service if fees are more than 30 days past due.

 

MONEY-BACK GUARANTEE AND REFUNDS

 

Our goal is for Clients to benefit from and enjoy our Program. We guarantee that Clients will benefit from Our Services if they follow their Program and their Provider's and Coach's guidance. However, because lifestyle coaching is provided for free to every Patient of NYC Providers, refunds will not be issued for coaching services. Due to the nature of compounded prescriptions, no refunds will be issued for telemedicine services and prescription medications.

 

CONTENT RIGHTS AND OWNERSHIP

 

All information provided by NYC through the Service and Site, including but not limited to images, text, audio, software, operating methods, and material, information, and works of authorship related to the Services and Programs, as well as the general appearance and design (“Content”), is owned and controlled by NYC and is protected under intellectual property rights in the United States and other countries. Content includes any Content that clients provide or make available through our Services or Site ("Client Content"). NYC has the right to modify, reproduce, copy, use, translate, and adapt Client Content. Clients can remove their Client Content by deleting it. Additionally, any comments or reviews submitted to our Site or through third-party services such as Google, Facebook, Yelp, etc., may also be used for marketing purposes.

 

TRADEMARKS

 

All graphics, logos, trademarks, service marks, and trade names (“Trademarks”) used in Our Services, Programs, and on Our Site are registered with NYC. The use of any Trademarks without prior written permission from NYC is prohibited.

 

NO PROFESSIONAL OR MEDICAL ADVICE

 

Our lifestyle Coaches are not medical professionals and do not provide medical advice. Our Services and Site provide general health, nutrition, and fitness information from our Coaches and referenced sources. Before using our Services, we recommend consulting with your primary care physician or another licensed healthcare provider for medical advice, especially if changes to your diet, lifestyle, or exercise routine may put you at risk of problems. Our Coaching Services are not intended for minors or those with medical conditions who may be negatively affected by changes in diet, lifestyle, or exercise routines. NYC is not responsible for monitoring your health status or alerting medical professionals of any changes in your status. You assume all risks of injury related to the Services and release NYC from any claims arising from such harm.

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When a Provider forms a legal Patient-Provider relationship with a NYC Patient, the guidance and recommendations of the Provider do constitute medical advice. Only specific medical advice documented in each Patients chart should be considered medical advice.

 

ASSUMPTION OF RISK AND DISCLAIMER

 

NYC provides the Services, Site, and any materials received as part of your use of our Services and Site "as is" and "without warranty" of any kind. NYC grants no warranties, whether expressed, implied, statutory, or otherwise, concerning the Services and Site provided to You, including but not limited to any implied warranty of non-infringement, merchantability, or for a particular purpose in connection with the Service, Site, or Content with which it is linked. NYC does not warrant that (1) Your use of the Services or Site will be uninterrupted or secure, that it will always be available or error-free, or that it will meet Your requirements or needs, (2) any defects or errors in the Services or Site will be corrected, or (3) that the Services or the information provided on this Site is accurate, current, or complete. We reserve the right to modify and/or discontinue the Service or Your access to it at any time without notice to You. Any statements or promises made by NYC representatives do not limit or modify the terms of this disclaimer or these Terms of Use. This disclaimer applies to any information provided to you through such sources.

 

Using the Services involves the risk of physical or mental injury or illness. Risks vary from one dietary, exercise, or lifestyle change to another and can range from minor injuries or illnesses to major injuries or illnesses. In consideration of Your use of the Services, You understand and voluntarily accept the risks and agree to indemnify, defend, and hold NYC and its officers, directors, employees, consultants, agents, successors, and assigns harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including all legal and other reasonable fees and expenses for investigating or defending any action or threatened action (as well as settlement costs) that any of the indemnified parties may incur in connection with any claim arising out of or resulting from: (1) any breach by You of these Terms of Use; (2) Your use of the Service, your account(s), your Client Content; and/or (3) any violation by You of any law or third-party rights, including without limitation for personal, bodily, or mental injury, wrongful death, emotional distress, economic loss, loss of services, or other damages or harm or any damage to You, your spouse, or any other third party resulting from Your use of the Services.

 

LIMITATION OF LIABILITY

 

In no event shall NYC or any other party involved in creating, producing, or delivering the Services or Content be liable to You for any damages resulting from the use or inability to use the Services, this Site, or the Services. This includes indirect damages such as loss of data or goodwill, loss of programs, lost profits, and the cost of procurement of substitute services. Additionally, NYC and other parties involved will not be held liable for any damages to any person other than the user, even if NYC or its agents or representatives are aware of the possibility of such damages.

 

In addition to the previously mentioned limitations on liability, NYC also disclaims all liability for the acts or omissions of other Clients or unauthorized users (i.e., "hackers") of the Services unless such acts or omissions result from NYC's gross negligence or willful misconduct. This applies to all forms of action.

 

NYC will not be held liable for any amount exceeding the amounts paid by the Client (or any third party on the Client’s behalf) to NYC for access to the Services or this Site.

 

Certain jurisdictions do not allow the exclusion or limitation of consequential or incidental damages or the limit on how long an implied warranty may last. Therefore, the above limitations or exclusions may not apply to You. Thus, You should reference your local laws to determine which rights You have and whether the exclusions or limitations apply to You.

 

VIOLATION OF TERMS OF USE

 

To protect the rights of NYC and to ensure compliance with these Terms of Use, We reserve the right to terminate or suspend a Client's access to or Use of our Site and Services without notice if we believe, at Our sole discretion, that the Client has violated these terms. This action is in addition to any other rights and remedies available to Us.

 

TERMINATION

 

You can cancel your account with NYC at any time by contacting us at

admin@newyouclinic.org or through Your Patient Portal on our Site. If You choose to cancel Your account, We are not required to provide You with a refund or other compensation, except as outlined in these Terms of Use.

 

If We determine that you have violated these Terms of Use, We reserve the right to terminate or suspend Your account without notice. In this case, We are not required to provide You with a refund or other compensation, except as outlined in these Terms of Use.

 

Please note that certain provisions of these Terms of Use will continue to apply even after the termination of our Services or Your account. These provisions include, but are not limited to, those related to limitations of liability, indemnification, and governing law.

 

CONTACT US

 

If you have questions about these Terms of Use, our Services, or our Site, please contact

NYC at admin@newyouclinic.org.