Last Updated: May 30, 2024
These Terms of Use (“Terms of Use”) are applicable to your access to anduse of the Kin Meds website located at https://www.newbodyrx.com/ (throughout theseTerms of Use, and the website may collectively be referred to as the “Site” ormay be referred to individually) and any materials, information, products, orservices (“Services”) provided through the Site operated by or on behalf of KinMeds and/or our owners and/or affiliates (collectively “Company,” “our,”“us,” or “we”) or contracted by Kin Meds and provided by a third party(collectively “Third Party”).
Your access to and use of the Site, and the information and Servicesavailable through the Site, are subject to the terms, conditions and noticescontained in or referenced in these Terms of Use, as well as any other writtenagreement between us and you. In addition, when using particular Services onthe Site, you will be subject to any posted rules applicable to those Servicesthat may contain terms and conditions in addition to those in these Terms ofUse.
By accessing or using the Site, you agree to these Terms of Use, asupdated from time to time. Please read them carefully. If you do not understand or agree to be bound by these Terms of Use, do not access or use the Site orServices. We may revise these Terms of Use at any time and any revisions willtake effect immediately upon posting on this Site, unless we state otherwise.Please check this Site periodically for updates.
Privacy Policy
The Kin Meds Privacy Policy and California Privacy Notice are part ofthese Terms of Use and are incorporated into the Terms of Use by thisreference. By accepting these Terms of Use, you agree to our collection, use,and disclosure of information as described in the Privacy Policy and CaliforniaPrivacy Notice as modified from time to time. We encourage you to review thePrivacy Policy and California Privacy Notice at https://www.newbodyrx.com//privacy and https://www.newbodyrx.com//ccpa
Not Medical Advice
The contents of the Site and Services are for informational purposes onlyand are intended to assist you in understanding your health. The content is notintended to be a substitute for professional medical advice, diagnosis, ortreatment.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHPROVIDERS WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGES OR INJURY TO PERSONSOR PROPERTY ARISING FROM ANY USE OF ANY MATERIALS, CONTENTS, PRODUCTS,SUPPLIES, INFORMATION, IDEAS, OR ADVICE CONTAINED IN THE APP, Kin Meds,AND/OR SERVICES.
You acknowledge and agree that certain Services provided through the Siteand Services, depend on information that you input into the Site. We do notrecommend or endorse any drug or product or course of treatment.
We do not recommend or endorse any specific prescription drug or productor health care provider or pharmacy that may be mentioned on the Site. Relianceon any information provided by us, our employees or Third Parties is solely atyour own risk. The information provided by the Site and Services is not a basisfor diagnosis of any medical condition, disease, or therapy.
YOU ARE ADVISED TO ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHERQUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORESTARTING ANY NEW TREATMENT OR ALTERING YOUR EXISTING TREATMENT. THE APP, KinMeds, AND THE SERVICES ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICEFROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOU AND YOUR UNIQUE MEDICALHISTORY. YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT DISREGARD PROFESSIONALMEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE BECAUSE OFSOMETHING YOU READ OR LEARNED FROM THE APP, Kin Meds, AND/OR THE SERVICES.
Our Services
Services offered through the Site are NOT health insurance benefits orpolicies and are not intended as a substitute for health insurance. By orderingfrom https://www.newbodyrx.com/ youagree that you may not submit a claim for telemedicine services provided toMedicare, any other federal payor, or any state or private payor.
While there may be a preferred pharmacy used, patient has the ability todirect their prescription to any pharmacy of their choosing. Pleaseemail Support@NewBodyRx.com ifyou would like to use your own pharmacy before completing your order.
There is no guarantee that a patient will be treated by a provider. As determined by the provider, care or specific treatments may not beappropriate for each patient. Each provider reserves the right to denycare for potential misuse of services or for any other reason if, in theprofessional judgment of the provider, the provision of services is notmedically or ethically appropriate. There is no guarantee that a patientwill be issued a prescription and that the decision of whether a prescriptionis appropriate will be made in the professional judgment of the provider.
Important Contact Information by State
FLORIDA BILL OF RIGHTS FOR WEIGHT LOSS
https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/Sections/0501.0575.html
CALIFORNIA NOTICE TO CONSUMERS
Medical doctors are licensed and regulated by the Medical Board ofCalifornia.
(800) 633-2322
Complaints may be filed online at https://www.mbc.ca.gov/
Breeze/Complaints.aspx or submitted in hard copy form. A ConsumerComplaint Form, including instructions for completing it, may be found at https://www.mbc.ca.gov/
Consumers/Complaints/
Submit_By_Mail.aspx. A hard copy Consumer Complaint Form should besubmitted to:
Medical Board of California
Central Complaint Unit
2005 Evergreen Street, Suite 1200
Sacramento, CA 95815
The Central Complaint Unit of the Medical Board of California can becontacted by phone at 1-800-633-2322 or 916-263-2382.
TEXAS
Complaints about physicians, as well as other licensees and registrantsof the Texas Medical Board, including physician assistants, acupuncturists, andsurgical assistants may be reported for investigation to:
Texas Medical Board
Attention: Investigators
333 Guadalupe, Tower 3, Suite 610
P.O Box 2018, MC-263
Austin, TX 78768-2018
Assistance in filing a complaint is available by calling 1-800-201-9353.For more information, visit www.tmb.state.tx.us
Las quejas sobre médicos, asi como sobre otros profesionales acreditadose inscritos del Consejo Médico de Tejas, incluyendo asistentes de médicos,practicantes de acupuntura y asistentes de cirugia, se pueden presentar en lasiguiente dirección para ser investigadas:
Texas Medical Board Attention: Investigations 333 Guadalupe, Tower 3,Suite 610 P.O. Box 2018, MC-263 Austin, Texas 78768-2018
Si necesita ayuda para presentar una queja, lame al: 1-800-201-9353, Paraobtener más información, visite nuestro sitio web en www.tmb.state.tx.us.
KANSAS
It is unlawful for any person who is not licensed under the KansasHealing Arts Act to open or maintain an office for the practice of the healingarts in this State.
This office is maintained under the authority of a person who is licensedto practice the healing arts of Kansas.
Questions and concerns regarding this professional practice may bedirected to:
Kansas State Board Of Healing Arts
800 SW Jackson, Lower Level-Suite A
Topeka, Kansas 66612
Phone: (785) 296-7413
Toll Free: 1(888) 886-7205
Fax: (785) 296-0852
Website: www.ksbha.org
The Site and Services are intended for personal, non-commercial use only.Use of the Services is voluntary.
You agree that you are responsible for all phone and data charges youincur through the use of the Site.
We reserve the right to disable the Site or specific features orfunctionality or make them available to anyone for any reason at any time,without notice or liability to you.
Upon termination or cancellation, your rights of participation in theServices automatically terminate and you must immediately stop use of the Siteand the Services under these Terms of Use. Any sections of these Terms of Usewhich by their nature are intended to survive, shall survive termination orcancellation.
You acknowledge and agree that the Services may be provided by ThirdParties, including prescriptions by participating pharmacies. We do notguarantee the quality of the Services or products offered by any Third Party,including but not limited to any participating pharmacy, any vendor, or anyservice provider. Our Site is provided to you in part as a tool to evaluate anestimated price at the time of pricing search for a particular prescriptiondrug. Our Site and Services do not constitute advice on how to manage youroverall prescription drug costs or your health.
Electronic Communications
We may allow you to request and receive pricing information and couponsvia communications including, but not limited to, text messaging and email.When you use the Site or send text messages or e-mail to us, you arecommunicating with us electronically. By using the Services and/or requestingpricing and other information and coupons from us, you are consenting to becontacted with prescription-related information and to receive communicationsfrom us electronically by SMS or text messages, emails or by posting notices onthe site. SMS consent will not be shared with third party providers. Youacknowledge that texting and email are not secure methods of communication andthat there may be some risk that the information in the communication(s) couldbe read by an unauthorized third party. You agree that all agreements, notices,disclosures, and other communications that we provide to you electronicallysatisfy any legal requirement that such communications be in writing.
Kin Meds Intellectual Property
All content included in, or made available through, the Site, such astext, graphics, logos, designs, data, button icons, images, audio clips,digital downloads, data compilations, specialized content, technical data,documentation, know-how, and software, along with the compilation of suchcontent, is the property of Company or its content suppliers, is protected byUnited States and international copyright laws, and may be subject to otherintellectual property protections, including patent and trademark rights underUnited States, other national laws, or international law. All elements of theSite, including without limitation the general design of the Site and thecontent included therein, are protected by trade dress, copyright, moralrights, trademark, and other laws relating to intellectual property rights. TheSite may be used only for the intended purpose for which it is being madeavailable. You may not modify any of the materials and you may not copy,distribute, transmit, display, perform, reproduce, publish, license, createderivative works from, transfer, or sell any information or work contained onthe Site. Except as authorized under the copyright laws, you are responsiblefor obtaining permission before reusing any copyrighted material that isavailable on the Site. For purposes of these Terms of Use, the use of any suchmaterial on any other mobile application, website, or online service isprohibited. You shall comply with all applicable domestic and internationallaws, statutes, ordinances, and regulations regarding your use of the Site. TheSite, their content, and all related rights shall remain the exclusive propertyof Company or its licensors unless otherwise expressly agreed.
All custom graphics, icons, logos, design marks and service names areregistered trademarks, trademarks or service marks of Kin Meds and its owners.All other trademarks or service marks are property of their respective owners.Nothing in these Terms of Use grants you any right to use any trademark,service mark, logo, and/or the name of Kin Meds.
Minors and Use of Service as a Legal Guardian
You must be 18 years of age or older to access or use the Site. By usingthe Site, you represent that you are 18 years of age or older. If you use theSite as the parent or legal guardian on behalf of a minor, you will be fullyresponsible for complying with these Terms of Use.
Your Conduct
You agree to comply with all laws, rules, and regulations applicable toyour use of the Site. In addition, when using the Site, you agree to:
Marketing
Regardless of whether you have chosen to opt out of certain marketingoffers from us, by using the Site you agree that we may market our services andthe services of other companies on the Site through the use of banner ads,“hyper-links”, and other similar marketing devices. Products offered will be atour sole discretion and may be provided by us and/or companies not affiliatedwith us. Non-affiliated companies will be solely responsible and liable for theprovision of or failure to provide stated services, benefits, or products. Wedo not legally endorse or guarantee products or services provided bynon-affiliated companies.
Accuracy of Information
We attempt to be as accurate as possible in the provision of the Servicesmade available through the Site. Despite our efforts, the information on theSite and/or provided through the Services may occasionally be inaccurate,incomplete, or out of date. If a price referenced through the Site is not asdescribed, your sole remedy is to accept the correct pricing or forgo thetransaction.
WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY, OR CURRENCYOF ANY INFORMATION ON THE SITE OR PROVIDED AS PART OF THE SERVICES. YOUACKNOWLEDGE THAT WE HAVE NO DUTY OR OBLIGATION TO MAINTAIN THE ACCURACY OF, ORUPDATE ANY SUCH INFORMATION, AND AGREE THAT YOUR RELIANCE ON ANY SUCHINFORMATION IS AT YOUR OWN RISK.
Links to Other Sites
Our Site may include links to external third-party websites and onlineservices that are not under our control. We are not responsible for thecollection, use, and disclosure of your information on those websites and otheronline services provided by those third parties. We encourage you to review theprivacy policies and terms of use of each website and other online service youvisit. The inclusion of links to external third-party websites and onlineservices does not imply endorsement of, or association with, such websites andonline services by us, or any warranty of any kind, either express or implied.
Security and Safety
You understand that the uploading of information to your mobile device inconnection with the App and submitting information to the Site is at your ownrisk and that we are not responsible for unauthorized access to or use of anypersonal or other information. All information uploaded to the App may bestored on your mobile device and you understand that the security and safety ofyour mobile device is your sole responsibility.
Disclaimer of Warranties
WE PROVIDE ACCESS TO https://www.newbodyrx.com/, THE APP, ANDSERVICES, INCLUDING SERVICES PROVIDED BY THIRD PARTIES, “AS IS” AND WITHOUT ANYWARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIMANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULARPURPOSE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTYSERVICES OR CONDUCT OF PROVIDERS OF THIRD PARTY SERVICES. WE DO NOT WARRANT https://www.newbodyrx.com/,THE APP, AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THERE MAY BEDELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT AVAILABLETHROUGH https://www.newbodyrx.com/, THE APP, AND SERVICES. WE DO NOT MAKE ANYREPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, ORRELIABILITY OF ANY ADVICE, OPINION, STATEMENT, ALERT, NOTIFICATION OR OTHERMATERIAL OR DATA DISPLAYED OR UPLOADED OR DISTRIBUTED THROUGH https://www.newbodyrx.com/,THE APP, AND/OR SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OROMISSIONS IN https://www.newbodyrx.com/, THE APP, AND SERVICES. WE DO NOTGUARANTEE OR WARRANT THAT https://www.newbodyrx.com/, THE APP, AND/OR SERVICESOR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN VIRUSES,WORKS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS; WE ARE NOT LIABLE FORANY DAMAGES OR HARM ATTRIBUTED TO SUCH FEATURES. IF YOU RELY ON https://www.newbodyrx.com/,THE APP, AND/OR THE SERVICES AND ANY MATERIALS AVAILABLE THROUGH THE SERVICES,YOU DO SO SOLELY AT YOUR OWN RISK. BY USING THIRD PARTY SERVICES, YOU HEREBYWAIVE AND RELEASE ANY CLAIMS AGAINST US FOR ANY AND ALL RESPONSIBILITY ORLIABILITY TO ANY DAMAGE, OR ANY OTHER CLAIM, THAT MAY ARISE IN CONNECTION WITHUSAGE OF THE THIRD PARTY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FORUSE OF https://www.newbodyrx.com/, THE APP, AND THE SERVICES OR INFORMATION,AND HYPERLINKED SITES. SERVICES AND INFORMATION PROVIDED BY HYPERLINKED SITESOR THIRD PARTIES MAY BE SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS OF THOSEPROVIDERS. WE MAKE NO WARRANTY THAT THE SITE OR SERVICE WILL MEET YOURREQUIREMENTS, OR THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERRORFREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROMTHE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATIONOBTAINED THROUGH THE SITE OR SERVICE OR THAT ANY DEFECTS WILL BE CORRECTED. WEMAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE ORTHROUGH HYPERLINKED SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Other Limitations of Liability
WE CANNOT AND DO NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENTUSE OF https://www.newbodyrx.com/,THE APP, AND SERVICES. BY ACCESSING THE SITE AND SERVICES, YOU AGREE TO HOLDHARMLESS AND WAIVE ALL CLAIMS AGAINST US AND OUR RELATED PARTIES AND THIRDPARTIES REGARDING THE INFORMATION PROVIDED AND YOUR USE OF IT. IN ADDITION, YOUAGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR OUR RELATED PARTIES BE LIABLE TOYOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OREXEMPLARY DAMAGES – EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES – OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TOLOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING INTORT, CONTRACT, OR OTHERWISE) REGARDLESS OF OUR NEGLIGENCE OR WHETHER WE KNEWOR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITYAND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR CLAIM RELATED TO THESITE AND SERVICES IS YOUR STOPPING YOUR USE OF THE SITE AND SERVICES. THELIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF THECOMPANY AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYSAND AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OFLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY ISLIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND ITS RESPECTIVEOFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL LOSSES, CLAIMS,LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS,FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLEATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OFAPPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR SERVICES, AND (C) YOUR BREACHOF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US,THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TOINDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
Dispute Resolution
You agree to use the dispute resolution procedures set forth herein withrespect to any controversy or claim arising out of or relating to these Termsof Use or their breach. Any dispute between you and Company arising out of orin connection with these Terms of Use will be settled by a binding arbitrationin San Diego, California, in accordance with the then-current rules andprocedures of Judicial Arbitration and Mediation Services, Inc. (JAMS). Thearbitrator will apply the law in accordance with the laws of the State ofCalifornia. Judgment on the award rendered by the arbitrator may be entered inany court of competent jurisdiction. You agree that, any provision of lawnotwithstanding, the arbitrator will have the authority to award the prevailingparty its costs and reasonable attorneys’ fees. Any disputes between you andother users of this Site are not the responsibility of the Company.
Changes to These Terms of Use
We reserve the right to modify these Terms of Use, in whole or in part,at our own discretion at any time. Modifications shall be effective immediatelyupon the linking of modified Terms of Use to the Site. Please check the “lastupdated” date at the top of this page to determine if these Terms of Use havebeen modified since you last reviewed them. Your continued use of the Siteafter that date means you agree to these updated Terms of Use.
Access or Use Outside the United States
Although the Site may be accessed by any user worldwide, the Site andServices are intended only for use by United States residents, are presentedsolely as a service to visitors and subscribers located in the United States ofAmerica (“U.S.”) and its territories, and therefore may not comply with legalrequirements of foreign countries. Kin Meds and the App are intended for useonly by residents of the United States and its territories. Users residingoutside of the U.S. and its territories are not permitted to register or to usethe Services.
Governing Law
These Terms of Use are to be governed by and construed in accordance withthe laws of the State of Georgia, exclusive of its choice of law rules andmatters affecting copyrights, trademarks, and patents under U.S. federal law.
Severability
If an arbitrator or legal authority determines that any part of theseTerms of Use is illegal or unenforceable, then such part will be eliminated,and the remaining Terms of Use will remain in force and effect and continue toapply to your use of the Site and our Services.
Entire Agreement
These Terms of Use and any documents expressly incorporated by referenceconstitute the entire agreement between Company and you pertaining to your useof the Site and supersede all prior agreements, representations and warranties,both written and oral with respect to the Site.
Operation of the Site
We reserve the right to do any of the following, at any time, at our solediscretion, with or without notice, and without any liability to you: (a)modify, suspend, or terminate operation of or your access to the Site, or anyportion of the Site, including but not limited to for your violation of theseTerms of Use; (b) modify or change the Site, or any portion of the Site; and(c) interrupt the regular operation of the Site, or any portion of the Site, asnecessary to perform routine or non-routine maintenance, to correct errors, orto make other changes to the Site.
Contact Us
If you have any questions or concerns about the Site or these Terms of Use,please contact us at Support@NewBodyRx.com
Digital Millennium Copyright Act (“DMCA”) Notice
In operating the Site, we may act as a “services provider” (as defined byDMCA) and offer services as an online provider of materials and links to thirdparty websites. As a result, third party materials that we do not own orcontrol may be transmitted, stored, accessed or otherwise made available whileusing the Site. Kin Meds has in place certain legally mandated proceduresregarding allegations of copyright infringement occurring on the Site. We haveadopted a policy that provides for the immediate removal of any content or thesuspension of any user that is found to have infringed on the rights of https://www.newbodyrx.com/or of a third party, or that has otherwise violated any intellectual propertylaws or regulations, or any of the terms and conditions of these Terms of Use.If you believe any material available via the Site or Services infringes,specifically or generally upon a copyright, you should notify us using thenotice procedure for claimed infringement under the DMCA (17 U.S.C. Sect.512(c)(2)). We will respond expeditiously to remove or disable access to thematerial claimed to be infringing upon said copyright and will follow theprocedures specified in the DMCA to resolve the claim between the notifyingparty and the alleged infringer who provided the content. We may give notice toour users of any infringement notice by means of a general notice on any of ourwebsites, electronic mail to a user’s e-mail address in our records, or bywritten communication sent by first-class mail to a user’s physical address inour records. If you receive such an infringement notice, you may providecounter-notification in writing to the designated agent that includes theinformation below. Our designated agent (i.e., proper party for notice) to whomyou should address infringement notices under the DMCA is Support@NewBodyRx.com.
Lorem ipsum dolor sit amet, consectetur adipisc elit viverra dignissim pellentesque in ac.