KORB Get HealthyNow Program Terms & Conditions
Please read the following terms and conditions carefully before participating in the Get Healthy Now Programs (hereinafter the “Program”). The following terms and conditions describe your rights and responsibilities to participate in, and obtain access to, the services offered under the Program by the KORB Health Group and its affiliates and partners (collectively “KORB”).
You agree to be the customer and the terms “you” and “your” refer to the person enrolled in the Program. You agree to be bound by these terms and conditions as well as any other applicable laws, rules, and regulations.
By clicking “Yes, I agree,” you are agreeing to be the customer and the terms “you” and “your” refer to you, as the person enrolled in the Program. You are affirmatively acknowledging that you have read and understood the terms and conditions, and accept and agree to be bound by the following terms and conditions, as well as any other applicable laws, rules, and regulations. If you do not agree to these terms and conditions, do not enroll or otherwise participate in the Program.
1. Program Description and Availability
The Program is designed to assist you in achieving your weight loss goals and maintaining a healthy lifestyle by (i) providing you with health care, nutrition, wellness information, and related support services; (ii) providing you with access to affiliated medical groups, providers, pharmacies, and/or laboratories (collectively “affiliated health care professionals”); (iii) providing you with access to technology-based tools to address health issues; (iv) developing and maintaining health care records and information for use by our a network of affiliated health care professionals and to facilitate appointments, communications, and related health care services; (v) providing administrative support in connection with the scheduling and payment of services, and (vi) offering telecommunication support for Program participation and as a means of facilitating access to our affiliated health care professionals for communication, consultations, assessments, and/or treatment.
A. Program Services
KORB does not provide medical services, furnish health care services, or otherwise engage in the practice of medicine. By accepting this agreement, you acknowledge and agree that KORB is not your healthcare provider and that by participating in the Program, you are not entering into a doctor-patient or provider-patient relationship with KORB. You further acknowledge that KORB is an information service platform that connects you with affiliated health care professionals that may furnish health care services to you.
B. Medical Services
All medical decisions will be made solely between you and your affiliated health care professional. The decision to focus on any diagnosis, health condition, or treatment recommendation rests with you and the affiliated health care professional. KORB does not control, influence, or interfere with any medical decisions made by an affiliated health care professional in connection with the Program. Each affiliated health care professional is solely responsible for their provision of professional services rendered. Except for specific communications received from an affiliated health care professional, any information you receive through the Program is to be considered general or educational information and should not be construed as medical advice or intended to be used in the diagnosis or treatment of any condition, symptom, or illness.
C. Prescription Services
Certain aspects of the Program may require a valid prescription issued by a licensed affiliated health care professional. You will not be able to obtain a prescription product unless you have completed a consultation with an affiliated health care professional who has determined the prescription product is medically reasonable and appropriate for you. In such cases, the affiliated health care professional will issue the prescription. KORB does not provide pharmacy services or dispense medication. Rather, KORB may provide you with pharmacy services and prescription fulfillment information to assist you in obtaining the prescription only after an affiliated health care professional determines that a prescription product is appropriate for you and issues the prescription. Certain prescriptions can be filled through one of the affiliated pharmacies. KORB does not control, influence, or interfere with any medical decisions made by an affiliated pharmacy.
You may also choose to have your prescription filled through the pharmacy of your choice by notifying KORB at GetHealthyNow@korbhealth.com. If you elect to have your prescription filled by a non-affiliated pharmacy, you consent to and authorize KORB to send and disclose to the pharmacy of your choice all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) necessary for you to receive pharmacy services.
If you complete a consultation with an affiliated health care professionals and elect to fill a prescription through one of the affiliated pharmacies, the prescription product is shipped to you by the affiliated pharmacy and the costs associated with the prescription are covered through the Program participation fee as described in Section II below. If you fill a prescription with a non-affiliated pharmacy, the prescription will be transferred to the non-affiliated pharmacy of your choosing as described above. You agree to assume responsibility for the cost of any medication dispensed by a non-affiliated pharmacy and shall make the required arrangements for the delivery of the prescription product dispensed by the non-affiliated pharmacy.
D. Laboratory Testing Services
To obtain certain services under the Program, an affiliated health care professional may require you to obtain laboratory products or services as a condition precedent to obtaining a specific health care item or service. The laboratory products or services may require a valid prescription or order issued by a licensed healthcare provider. If a prescription or order is required, you will not be able to obtain the item or services unless you have completed a consultation with an affiliated health care professional, and they determined the laboratory product or service is medically reasonable and necessary. Certain laboratory products or services may be covered through the Program. To the extent the laboratory product or service is not covered, you agree to assume responsibility for the cost of the specific laboratory product or service.
E. Telehealth Services
Telehealth involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telehealth may be used for diagnosis, treatment, follow-up and/or related patient education. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential limitations and risks associated with the use of telehealth. Be advised that telehealth services are not a substitute for in-person care in all cases.
By participating in the Program, you agree and consent to obtain services via telehealth and enable any affiliated health care professional at different locations to access or share my individual patient medical information for diagnosis, therapy, follow-up, and/or education purposes. You also consent to the forwarding of any information to a third party as needed to receive telemedicine services, subject to any applicable confidentiality and/or privacy protection. The electronic systems used to facilitate services under the Program will incorporate network and software security protocols to help protect the privacy and security of health information, and will include measures intended to safeguard your data and its integrity against intentional or unintentional corruption or unlawful access.
You further acknowledge that obtaining telehealth services from an affiliated health care professional carries potential risks, including but not limited to technical problems with the information transmission or equipment failures that could result in lost information or delays in obtaining services. 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 in the service) to enable use of the service, including but not limited to, a computer or mobile device with a video camera and internet access. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the service. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the service. KORB reserves the right to change the access configuration, including any software, hardware or other requirements of the service at any time without prior notice.
F. Customer Obligations
By agreeing to participate in the Program, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to KORB and its affiliated health care professionals. Program participation may require you to provide certain information about yourself, including, but not limited to, your name, e-mail address, telephone number, physical address, and/or certain health information.
KORB and affiliated health care professionals may, but are not required to, perform outreach to you from time to time to request updates to your customer profile information. The failure to provide accurate, complete, and current information authorizes KORB to remove you from the Program. Additional obligations and requirements are detailed in Section III, below.
G. Program Communications
By participating in the program, you agree that KORB, or its affiliated health care professionals, may send you disclosures, notices, messages, reports, and other communications either in writing or electronically including without limitation through your account or by email. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold KORB or its affiliated health care professionals liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications. Moreover, you acknowledge and agree that no means of electronic transmission can be guaranteed to be 100% secure. By participating in the Program, you agree to KORB, or its affiliated health care professionals, transmitting health and other information to you electronically and that any information sent to or signed by you or us electronically shall be deemed equivalent to as if such information was provided or signed in writing.
By participating in the Program, you also agree that KORB may contact you by telephone or text messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by you. Messages may include order confirmations, shipping notifications, messages from an affiliated health care professional, transactional messages, as well as promotional and marketing notifications. You understand that you are not required to provide this consent as a condition of participating in the Program. You may elect to opt-out of any text messaging program at any time by texting "STOP" to the message received, from the mobile device that is subscribed to receive the messaging. However, you agree that KORB, or its affiliated health care professionals, may call or text you without your prior express consent for the purpose of delivering healthcare-related messages.
2. Payment and Subscription
A. Program Subscription Fees
To simplify the Program experience, you agree to pay KORB a single subscription fee that includes the services furnished by KORB’s affiliated health care professionals. You agree to make all payments on a cash basis only. By providing KORB with your payment information and submitting your request, you authorize KORB, its affiliates, and third-party payment processors to charge the amount due, including any recurring subscription fee. You acknowledged that the Program fees and prices are subject to change at any point in our sole discretion.
The monthly subscription fee gives you access to the Program, Medical, Prescription, and Telehealth services described above. You agree and acknowledge that any item or services obtained from a non-affiliated health care professional is not covered under the Program subscription fee and you are solely responsible for the cost of the item or service.
Please note that KORB and its affiliated health care professionals do not accept commercial and/or federal health care program insurance and do not participate in any in-network commercial health insurance plans. KORB and its affiliated health care professionals will not submit any claim to any insurance program for the items or services provided in connection with the Program. You further agree that you will not seek reimbursement, or cause the submission of any claim, or submit any payment information to any state or federal health care program for any item or service obtained through the Program.
B. Credit Card Information
For subscription-based Programs, you agree to be charged at regular intervals through automatic payment processing until you cancel your subscription. KORB may, but not required to, perform outreach to you from time to time via the service to request updates to your information and to facilitate ongoing subscriptions. You represent and warrant that you are authorized to use your designated payment method and authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If your designated payment method is declined, KORB will attempt to process your charge until the transaction is approved. KORB is not responsible for any fees or charges that your bank, payment card issuer, or other third-party may apply. If your bank or card issuer reverses a charge to your payment card, you agree and acknowledge that KORB may bill your account directly and/or seek payment by another method including mailing an invoice to your customer profile address.
Continued partition in the Program is contingent on confirmation you have paid in full. You are responsible for keeping your payment information (such as credit card number and billing address) accurate and up to date at all times. You may cancel a subscription at any time up to seventy-two (72) hours before the next month’s payment processing by contacting GetHealthyNow@korbhealth.com.
KORB does not provide refunds for partially used subscription periods, although the company may provide refunds on a case-by-case basis. The decision to provide any partial refund is within KORB’s sole and absolute discretion. We may also offer you the ability to pause your subscription for a specified period of time. If you do not cancel before the end of the pause period, charging to your payment device will resume automatically.
3. Guidelines and Restrictions
The Program is intended and only suitable for individuals at least eighteen (18) years of age or older. You are represent and warrant that: (i) you are at least eighteen years of age or older; (ii) you will only receive a consultation from an affiliated health care professional when you are located in the same state as the billing and shipping address associated with your account, (iii) agree to comply with all applicable laws when participating in the Program, and (iv) agree to only use the service for lawful purposes. Our service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements. Certain products available through the service are subject to additional age restrictions, and not all products or services are available to all ages.
Program enrollment does not guarantee that you will obtain any specific items or services under the Program. KORB and its affiliated health care professionals reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.
You agree that by participating in the Program, you will not, and will not attempt to:
4. Modifications and Termination
KORB may terminate you from the Program at any time and for any reason without notice, including, for example, for conduct violating this agreement, if the agreement with our affiliated health care professionals terminate, or if KORB discontinue the Program, or if any specific item or service is no longer available through the Program. The provisions of this agreement concerning service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this agreement. You agree that if your participation in the Program is terminated pursuant to this agreement, you will not attempt to use the service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold KORB and its affiliates harmless from any and all liability that may incur with respect thereto.
5. Information Privacy & Security
You are obligated to register and set up an account in the platform in order to access the service, and the service is available only to users who have registered and have been granted accounts with usernames and passwords. For purposes of clarity, information you provide to KORB in order to register and set up an account on the platform, including name, username, email address, shipping address and phone number, are not considered Protected Information. You agree to accurately maintain and update any information about yourself that you have provided to KORB, a medical group or its providers, the labs or the pharmacies. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the service. You also agree to immediately notify KORB of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the service by emailing KORB at GetHealthyNow@korbhealth.com. In addition, you agree to keep confidential your username and password and to exit from your user account at the end of each session. Although we take steps to protect the user data we collect against unauthorized access, you should keep in mind that the service and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the service and information about you, including medical information, contained in the service. It is your responsibility to affirmatively logout from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone and other devices, and to protect the confidentiality of your username and password. You may not use anyone else’s account at any time. KORB explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
You must exercise caution, good sense, and sound judgment in using the service. You are prohibited from violating, or attempting to violate, the security of the service. Any such violations may result in criminal and/or civil penalties against you. KORB may investigate any alleged or suspected violations and if a criminal violation is suspected, KORB may cooperate with law enforcement agencies in their investigations.
6. Intellectual Property
The Program and its related contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are the owned or used under license by KORB and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. As a Program participant, you are permitted to access this information for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Program material, except as generally and ordinarily permitted under these terms and conditions. You are prohibited from accessing or using the Program, or its related content, for any commercial purposes.
7. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall KORB be liable to you or any other person or entity for any incidental, indirect, special, exemplary and consequential damages, personal or bodily injury, emotional distress, or wrongful death, loss of data, lost profits, or damages resulting from the use of or inability to use the service, including any information and content made available through the service or any services performed or products offered by third-parties, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not KORB has been advised of the possibility of such damages. KORB shall be liable only to the extent of actual damages incurred by you, not to exceed $1,000. Any claims arising in connection with your use of the service or content must be brought within one (1) year of the date of the event giving rise to such action occurred.
You agree to defend, indemnify, and hold KORB and its affiliated third parties offering products or services through the Program, including the medical groups, providers, labs and pharmacies, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the service, your fraud, violation of law, or willful misconduct, any breach by you of this agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
9. Governing Law
The Program is controlled and operated by KORB from our offices in the State of Texas. Those who choose to access the service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the service from jurisdictions where the contents of the service are illegal or penalized is prohibited.
The validity, interpretation, construction and performance of this agreement will be governed by the laws of the State of Texas, without regard to any conflicts of law provisions.
All parts of this agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this agreement, the invalidity of part of this agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
10. Entire Agreement
This agreement and any other agreements KORB may post on the Program or that you and KORB execute from to time constitute the entire agreement between KORB and you in connection with your participation in the Program and supersede any prior agreements between KORB and you regarding the Program, including prior versions of this agreement.