Terms of Service
Last updated: January 1, 2024
BODYBUILDING HEALTH+ IS CONTEMPLATED FOR SPECIFIC NON-EMERGENCY MEDICAL CONDITIONS AND CONCERNS. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR YOUR LOCAL MEDICAL PROVIDER.
Bodybuilding Health+, operated by Dynamo Group LLC., does not control or interfere with the practice of medicine by independent Medical Groups or individual Providers. Each Medical Group and Provider is solely responsible for directing the medical care and treatment they provide. By using this platform, you acknowledge that Dynamo Group LLC. is not a medical provider, and your use of the platform does not establish a doctor-patient relationship with Dynamo Group LLC.
THIS USER AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION IN SECTION XXI WHICH INCLUDES A CLASS ACTION, CLASS ARBITRATION, AND JURY TRIAL WAIVER. THESE PROVISIONS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THIS AGREEMENT.
I. Introduction
These Terms of Use (the "Terms") describe your rights and responsibilities regarding the Bodybuilding Health+ platform ("website" or the "Platform") operated by Dynamo Group LLC. In these Terms, "we", "our", "us", and "Bodybuilding Health+" collectively refer to Dynamo Group LLC. and any products, subsidiaries, and affiliations. The terms "you" and "yours" refer to the person using the Platform.
By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be legally bound by and comply with these Terms and our Privacy Policy. If you do not agree with any of these Terms or our Privacy Policy, you may not use the Platform.
II. Modification of Terms
We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third-party. You should check the Terms from time to time when you use the Platform to determine if any changes have been made. If you use the Platform after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms.
III. Description of Services
You understand and agree that the Platform is intended to facilitate the following services (the "Services"):
- The development and gathering of healthcare records and information for use in medical provider encounters and communications.
- Administrative support in connection with scheduling and payment for Healthcare Services.
- Administrative support in connection with coordinating fulfillment and payment for prescription medications ordered by medical providers.
- Telecommunications and technology support for direct access to medical providers for communication, consultations, assessments, and treatment.
Dynamo Group LLC. does not manufacture, dispense, or control the formulation of any medications prescribed as part of these services. All medications, including GLP-1 treatments prescribed for weight management, are dispensed by independent third-party pharmacies. Dynamo Group LLC. makes no representations or warranties regarding the efficacy, safety, or outcomes of any medication provided through these third parties.
IV. Eligibility
In order to use the Services through the Platform, the following must be true:
- You are at least 18 years of age or older.
- You live in the United States and in a state or territory where the Services are available.
- You agree to be legally bound by and comply with these Terms of Use.
- You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software to use the Platform.
Satisfying the above requirements does not guarantee that you will receive the Services through the Platform. Medical providers and affiliated professional entities may, on a case-by-case basis, determine that certain criteria apply to utilizing the Platform for the Healthcare Services.
V. Availability
The Services are currently available to individuals located in certain states. To see the list of current states, please contact customer service at support@bodybuilding.com.
VI. Registration, User Accounts, and User Data
You are obligated to register with our platform in order to access the Services. The Services are available only to users who have registered and been granted accounts with usernames and passwords.
Upon registration, you understand and agree that any User Data provided by you on or through the Platform may be used, copied, or displayed by our platform for the purposes of providing the Services, conducting research or analyses, and developing and improving features and services.
VII. Your Responsibilities and Acknowledgment
As a condition of your use of the Services through the Platform, you agree to the following:
- All information you provide through the Platform is accurate, complete, and correct, and you will accurately maintain and update any information you have provided.
- Your permission to use the Platform is personal. You agree to keep confidential your username and password and to exit from your account at the end of each session. You are responsible for all activities that occur under your account.
- You agree to immediately notify us of any unauthorized use of your username, password, or any other breach of security by emailing support@bodybuilding.com.
VIII. Restrictions on Use
You will not use, or encourage, or permit others to use, our Platform except as expressly permitted in these Terms. You will not:
- Use or attempt to use the Platform or the Services for any other person than yourself.
- Access or use the Platform in any manner that infringes any intellectual property right or other right of any third party, or that violates any applicable law or regulation.
- License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Platform or related materials.
- Take any action or use the Platform in any manner which could damage, destroy, disrupt, disable, impair, or otherwise harm in any manner our Platform or any content.
- Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Platform or any computer network.
- Input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code.
- Encourage or enable any other individual to do any of the foregoing.
IX. Licensing
Subject to your compliance with these Terms, Dynamo Group LLC. grants you a personal, limited, revocable, nonexclusive, and non-transferable license to view, download, access, and use the Platform and its content, solely for your personal and non-commercial use. No other right, title, or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by Dynamo Group LLC. and its licensors.
X. Disclaimer of Limited Healthcare Services
The Platform is structured for use specific to certain health care services and is not, and should not, be considered or used as comprehensive medical advice, care, diagnosis, or treatment.
Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug, or medication.
XI. Telehealth Consent
Telehealth uses electronic communications, information technology, and other means to connect patients in one location and licensed, certified, or registered healthcare professionals in another location regarding a clinical matter. Though Telehealth carries potential benefits, like any medical procedure, it also carries potential risks.
By using the Services, you agree and acknowledge that Dynamo Group LLC. is a beneficiary of the Medical Consent and has the right to enforcement.
XII. Payment
When you submit your information for Health Care Services, you agree to pay all fees due. By entering your payment information and submitting your request, you authorize Dynamo Group LLC., our affiliates, or our third-party payment processors to charge the amount due.
If you receive a medical consultation, medical consult fees are not subject to or eligible for a refund. We cannot accept returns of prescription products for reuse or resale, and all sales are final.
You understand that Dynamo Group LLC. is a telehealth platform that facilitates virtual consultations between patients and independently licensed healthcare providers. Any medications prescribed are fulfilled and shipped by independent third-party pharmacies and delivery carriers not owned, operated, or controlled by Dynamo Group LLC.. Dynamo Group LLC. does not guarantee delivery timelines and is not responsible for delays, interruptions, loss, or performance issues caused by third-party pharmacies or shipping providers.
You understand that Dynamo Group LLC.-affiliated medical professional entities are not contracted healthcare providers with any health insurance plans (commercial, government, or otherwise), and therefore you are exclusively and solely responsible for paying all fees due to receive the Healthcare Services provided to you.
XIII. Privacy
Bodybuilding Health+ understands the importance of confidentiality and privacy regarding your information. Please see our Privacy Policy for a description of how we may collect, use, and disclose your information in connection with the Platform.
XIV. Intellectual Property
As between Dynamo Group LLC. and you, Dynamo Group LLC. is the sole and exclusive owner of all right, title, and interest in and to the Platform and its content, features and functionality, and all intellectual property rights therein. You have permission to use the Platform solely for your personal and non-commercial use on the condition that you comply with these Terms.
XV. Third-Party Links and Websites
The Platform may contain hyperlinks or references to other websites ("Linked Sites") operated by third parties. The Linked Sites may not be under our control; therefore, we are not responsible for the information, products, or services described therein. Your use of these Linked Sites is at your own risk.
XVI. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. CAREVALIDATE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM AND THE SERVICES.
XVII. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER CAREVALIDATE NOR ITS RELATED PERSONS OR LICENSORS WILL BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CAREVALIDATE FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD).
XVIII. Indemnification
You agree to indemnify, defend, and hold Bodybuilding Health+, Dynamo Group LLC., and any of their related persons, licensors, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys' fees and costs, arising from or related to: (i) any breach by you of these Terms, (ii) your use of material or features available on the Platform in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.
XIX. Modifications to the Platform
Dynamo Group LLC. reserves the right at any time and for any reason to modify, temporarily, or permanently discontinue, the Platform, or any portion thereof, with or without notice. You agree that Dynamo Group LLC. shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform.
XX. Suspension and Termination of Rights
The Terms will remain in full force and effect as long as you continue to access or use the Platform. You may terminate the Terms at any time by discontinuing use of the Platform. Your permission to use the Platform automatically terminates if you violate these Terms.
We may terminate or suspend any of the rights granted by these Terms and your access to our Platform with or without prior notice, at any time, and for any reason.
XXI. Governing Law; Dispute Resolution; Arbitration
YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US WITH REGARD TO YOUR RELATIONSHIP WITH US WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. YOU AND WE EACH AGREE THAT CLASS OR REPRESENTATIVE ARBITRATIONS AND CLASS OR REPRESENTATIVE ACTIONS ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES.
The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. Any arbitration will take place in Fulton County, Georgia. The laws of the State of Georgia will govern these Terms and any claim, without regard to conflict of law provisions.
You can opt out of this arbitration provision within 30 days of the date that you agreed to these Terms by sending your name, residence address, username, email address or phone number, and a clear statement that you want to opt out to:
Dynamo Group LLC.
1 Town Center Road, Suite #675
Boca Raton, FL 33486
XXII. Copyright Infringement
Dynamo Group LLC. complies with the provisions of the Digital Millennium Copyright Act ("DMCA") applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. To file a notification of alleged copyright infringement, please contact: support@bodybuilding.com.
XXIII. Miscellaneous
The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter herein. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
XXIV. Contact Information
If you have any questions or concerns, please contact:
Dynamo Group LLC.
1 Town Center Road, Suite #675
Boca Raton, FL 33486
Bodybuilding Health+ is a patient management platform that works with independent physicians and practitioners. Bodybuilding Health+ does not directly provide medical or pharmacy services and payment does not guarantee the writing or dispensing of a prescription. Medical Services are provided via independent providers. The information provided on this website is for informational purposes and not a substitute for professional medical advice, diagnosis, or treatment.