TERMS & CONDITIONS
Terms & Conditions Agreement for Acquiring HCG and/or HCG Related Products from FL
The Terms & Conditions [referred herein as “T&C”] refers to New Beginnings Medical, LLC and TeleHCG, LLC together referred herein individually or collectively as “NBM”, “Us”, “We”, “Our”, “Ours”, “Facilitator” or the “Company”]. The NBM Website [referred herein as “Website”, “Websites”, “Site”, “Sites”] is for informational purposes and is intended to be utilized by a Patient [referred herein as “Patient”, “Reader”, “You”, “Your“, “User”, “Yourself”, “I”, “Customer”, or “Applicant”]. The purpose of this Site is for a Patient to learn about the natural human hormone HCG, medically known as Human Chorionic Gonadotrophin, and/or HCG related products [together referred herein as “HCG”], and it’s usage for weight loss purposes and natural benefits.
This Site further informs Patients how HCG can be legally obtained for weight loss purposes over the internet. NBM is acting solely as a management Facilitator for the Patient to acquire the desired HCG. The information on this Site does NOT constitute an offer to buy or sell HCG and NBM is NOT a Pharmacy. Any arrangement to acquire HCG does not exist until the Reader/Patient has been processed through the Site’s standard system, is not in conflict with the laws of the Patient’s residential state.
If You are using this Website, it is understood that You have accepted the T&C information contained herein. If You do not wish to be bound by this T&C, please signoff of this Site.
As a condition for using Our Site, You agree not to use any of the information or details contained within this Site for any of the following purposes: to utilize any form or type of remote intelligence to cause harm or access to this Site; to utilize it’s accounts or computer systems; to violate any state, local, federal or international law, regulation or statute; to harm or violate any individual; to misrepresent Your association or affiliation with this Site or any entities associated with this Site; to cause any disruption or harm to this Site’s servers, networks or software associates.
This Site is intended to assist individuals who believe they have an overweight issue and are seeking information and/or services to resolve that issue. The human hormone HCG requires a medical Prescription [referred herein as “Prescription”] be issued by a licensed U.S. Pharmacy [referred herein as “Pharmacy”]. To acquire an HCG Prescription You must complete a Patient Medical History form [referred herein as “PMH”]. A PMH is sent to each individual seeking assistance to obtain HCG through this Site. The PMH must be honestly completed and returned to a designated Independent Licensed Medical Physician that is under contract in Your state of residence [referred herein as “Physician”]. The PMH is reviewed by the Physician for completeness and accuracy. Any incomplete, untruthful or inaccurate information may because for a delay, disqualification or rejection of Your request to obtain a Prescription for HCG.
Audio Visual Consultation with Patients
The Independent Licensed Medical Physician [referred herein as “Physician”] reviewing Your Patient Medical History form [referred herein as “PMH”] is a licensed Physician in Your state of residency. It is Your responsibility to provide current, true, accurate and complete information on Your PMH. The Physician will utilize Your PMH to conduct a one-on-one internet Audio Visual Consultation [referred herein as “Consultation”] through either Your computer or smartphone. The Consultation will consist of a discussion of the Your physical condition as it relates to taking HCG; the benefits and risks of HCG and Your goals for taking HCG. The Physician’s approval for Your acquisition of HCG is based on pre-established processing requirements. These include the satisfactory completion of both Your PMH and the medical of Consultation.
You understand that the information on this Site is not intended as a substitute for any professional medical advice or treatment, and its use is solely at Your own risk. You should not delay, ignore or avoid obtaining medical advice from a qualified healthcare provider because you have heard or read something on this Site or elsewhere. The content on this Site is not intended to be used as a basis for any emergency medical purpose. If you believe you have an emergency situation, call a medical healthcare provider or dial 911. The use of this Site is not intended to a substitute for the practice of medicine or medical advice. Also, this Site is NOT a replacement for Your Primary Care Physician [referred herein as “PCP”] and you agree to notify Your PCP that you are undergoing an HCG diet or obtaining an HCG related product.
The Independent Licensed Medical Physicians
Patient authorizes the Independent Licensed Medical Physician [referred herein as “Physician”] to obtain, on Your behalf, a medically approved Prescription for HCG from a Licensed U.S. Pharmacy [referred herein as the “Pharmacy”] which will dispense the pharmaceuticals directly to Your place of residence in Your name. Prior to placing Your Prescription, you will be charged for the requested products. The acquisition cost for the HCG products consists of the Prescription, the Physician’s Consultation, freight, packaging, credit card fees [if applicable], taxes [if applicable] and acquisition management services.
The Physician arranging for Your acquisition of HCG is engaged as Independent Medical Contractor and his/her available Consultation times are of their own choosing and beyond Our control. As a facilitator only, You agree that NBM is not liable for any canceled, postponed or unfulfilled Consultations between You and the Physician and for any loss, damage or injur resulting therefrom. You, as the Patient utilizing this Site for HCG acquisition, have the final say in scheduling an internet telemedicine appointment with a Physician. You also have the final say in accepting the Physician through this Site.
You understand and accept that there is not nor has there ever been a licensed medical professional and/or patient relationship been created or ever existed between You and NBM by directly or indirectly utilizing this Site. Also, no relationship exists by utilizing Our communication links through social media, emails, advertising affiliates, blogs, text messages, or links to other sites.
If the Physician determines that you are not appropriate for obtaining HCG, the relationship between You and Us will be immediately terminated and any charges that have been made will be refunded.
NBM’s Relationship With Independent Contractor Medical Physicians
New Beginnings Medical [as utilized herein and referred as “NBM”] uses only independent medically trained, and licensed Physicians to review and evaluate a Patient’s PMH. We do not advocate, propose, recommend or extol any Physician or healthcare provider. We do not receive any fees, compensation, gifts or remuneration from any Physician or healthcare provider for any services or referrals including services provided to NBM’s HCG patients.
Any Physicians providing internet HCG services to Patient’s under this Site is an Independent Medical Licensed Contractor [referred herein as “Physician”]engaged to solely provide healthcare services after reviewing a Patient’s Medical History form [referred herein as “PMH”] without the opportunity to conduct a face-to-face physical examination. The Physician does not replace the services of the Patient’s Primary Care Physician [referred herein as [“PCP”] and the Physician is not engaged to substitute the advice or conflict with any advice from the Patient’s PCP.
NBM uses it’s best efforts investigating the Physicians participating in Our internet services, to ensure that they have an active medical license and are permitted to practice medicine in the Patient’s state of residence. Although each Physician is required to go through an independent certification process, We do not endorse, recommend or warrant the quality of any Physician’s healthcare services they provide. If there are any healthcare complaints reported in writing to Us, We will do our best to have the complaint resolved directly between the Physician and the Patient. We may suspend or exclude any healthcare Physician that engages in any inappropriate or unprofessional conduct during a healthcare Consultation with a Patient. The Pantient agrees to release NBM, it’s officers, directors, employees, stockholders, assigns, agents, successors, affiliates or contracted parties from any liability associated with the actions of the Independent Medical Licensed Physician during or as a result of a medical Consultation to obtain HCG through this Site.
The Physician acknowledges that he or she is covered through Medical Malpractice Insurance independent of NBM and that NBM is a registered corporation in the state of Florida and under Florida law, a licensed medical Physician may carry medical malpractice insurance or otherwise demonstrate financial responsibility to cover potential claims for medical malpractice. This is permitted under Florida law subject to certain conditions. Florida law imposes penalties against non-insured physicians who fail to satisfy adverse judgments arising from claims of medical malpractice. This notice is provided pursuant to Florida law.
Patient’s Responsibility When Ordering HCG
Patient acknowledges that this Site is for informational purposes and that Patient is freely seeking to obtain HCG for weight loss purposes. Patient has previously informed or will inform their Primary Care Physician [referred herein as “PCP”] that They intend to take HCG and has had or will have a complete physical exam prior to taking the HCG.
Patient agrees to comply with the medical directions and dosage that are supplied with the HCG prescription prescribed by the Independent Medical Licensed Physician [referred herein as “Physician”]. If Patient experiences any adverse medical situation while taking any prescribed HCG obtained through this Site, Patient will immediately cease taking the HCG and send a written notification to NBM stating any adverse condition and/or side effects that You are been experiencing along with Your contact information and your Primary Care Physician information to Email Support@newbeginningsmedical.com.
Patient agrees that NBM is not liable for any negligent acts or omissions by the Physician. Patient also acknowledges that the medical treatment offered by NBM is not accompanied by any claims, guarantees, promises or warranties. You understand that any HCG acquired with the assistance of NBM requires a medical Prescription and such Prescription pharmaceuticals are NOT returnable or refundable, under any circumstances including under both Federal and State laws. It is unlawful for a Pharmacy to accept the return of any Prescription medication once it has left their direct care and control. Patient understands that NBM is based and licensed in Florida and is bound by the laws and statutes of Florida. The Physician, however, is licensed the Your state of residency which may not be Florida. The Patient understands that under Florida law, physicians are generally required to carry medical malpractice insurance or otherwise demonstrate financial responsibility to cover potential claims for medical malpractice. This is permitted under Florida law subject to certain conditions. Florida law imposes penalties against non-insured physicians who fail to satisfy adverse judgments arising from claims of medical malpractice. Patient understands that the malpractice law in Their state of residency may differ from Florida medical malpractice laws.
The Patient acknowledges and agrees that NBM is not responsible for any negligent or intentional acts or omissions by the Independent Licensed Medical Physician or licensed Pharmacy utilized through this Site. The Patient understands that the total liability of NBM its officers, directors, employees, stockholders, assigns, agents, successors, affiliates or contracted parties is limited to the purchase price of any HCG products acquired through this Site. The Patient further acknowledges that NBM’s officers, directors, employees, stockholders, assigns, agents, successors, affiliates or contracted parties and Medical Personnel will not be liable for any, direct, indirect, special, incidental, consequential, or punitive damages.
The Governing Laws Of Florida
The Terms & Conditions [referred herein as “T&C”] for this Site shall be governed according to the laws of the State of Florida, applicable to agreements to be made and to be performed within the State of Florida, without regard to principles of conflict of laws. Note: Unlike some states, Florida permits a Nurse Practitioner to write a Prescription for HCG. Therefore, a Florida resident Patient utilizing this Site to acquire HCG may be assisted by either a Nurse Practitioner or a Physician. Any disputes arising out of or with respect to this Site shall be adjudicated in a court of competent jurisdiction sitting in the county of Palm Beach, Florida. The Patient hereby irrevocably submits to the jurisdiction of such court for the purposes of any lawsuit, civil action or other proceeding arising in connection with this Site. In the event of any litigation arising out of this Site, the prevailing party shall be entitled to recover all expenses, costs incurred, including reasonable attorneys’ fees.
If any provision of this Site or it’s application is invalid or unenforceable in any jurisdiction, the remainder thereof, and the application of such provision in any other jurisdiction, shall not be effective, and the provisions of this Agreement shall be severable. The Patient agrees to indemnify, defend, protect, and hold harmless NBM’s officers, directors, employees, stockholders, assigns, agents, successors, affiliates or contracted parties and it’s Medical Personnel and their respective parties from, against and in respect of all liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings, investigation, demands, judgements, settlement payments; deficiencies, penalties, fines, interest and costs and expenses suffered, sustained, incurred in connection with, resulting from, or arising out of, directly or indirectly by the contracted Independent Medical Physician or the Pharmacy.
Use of Confidential Information Within the Site
Patient acknowledges that during their use of this Site, You may come in contact with a range of information that NBM considers proprietary, secret or confidential [referred herein as “Confidential”]. Included, but not limited to, as Confidential information is any confidential disclosures, trade secrets, business practices, Patient information, website and form design, Physician and Pharmacy information, contractors, software, suppliers products and manufacturers.
The Patient further acknowledges that such Confidential Information is considered a valuable asset to NBM’s stability and financial wellbeing. You also agree not to disclose, divulge, covey or communicate, in any fashion, form, or manner, either directly or directly, any Confidential Information or take any action that may result in disclosure of such Confidential information to any third party person, or company. You understands that disseminating NBM’s Confidential information will cause irreparable harm to NBM and as such, NBM shall be entitled to seek injunctive relief to curtail the Patient from disclosing or dispersing any Confidential information and seek liquidated damages. The Patient agrees that the amount of NBM’s damages under such conditions will be difficult to precisely ascertain, therefore Patient agrees that any liquidated damages are not considered a penalty.
Prohibited Linkage to NBM Site
Linking to or from this Site through any means without written permission from NBM is strictly prohibited. This includes maintaining a link to another website, displaying this Site in any form or format on another Site, utilizing any informational frames, pictures, pricing or similar information from this Site on another website without our written permission is subject to legal action as permitted through applicable laws, statutes and regulations.
Permitted Linkage To NBM Site
From time to time NBM may permit other websites to link to this NBM Site. This is offered as a convenience for Our Patients to alternate between similar or related websites. The use of these third-party websites are not controlled by NBM and we are not responsible for any products, services or the content of these websites. We do not make any representations, endorsements, verification regarding these websites. Use of these sites is at your own risk.
Refund For Prescription Products
Patient understands that any HCG acquired with the assistance of NBM requires a medical Prescription and such Prescription pharmaceuticals are NOT returnable or refundable, under any circumstances, under both Federal and State laws. It is also unlawful for a Licensed Pharmacy to accept the return of any Prescription medication once it has left the direct care and control of the distributing Pharmacy.
Use Site At Your Own Risk
Patient acknowledges that the use of this Site is entirely at Their own risk. The Site is presented “as is” and is subject to “faults” of performance and quality. There may be periods when the Site is not available, timely, secure, error free, is interrupted or has other defects. NBM also makes no warranty as to the accuracy of any information obtained through this Site and You hereby waive any claims against NBM it’s officers, directors, employees, stockholders, assigns, agents, successors, affiliates or contracted parties and it’s Medical Personnel, from any liability associated with respect to the content herein. NBM has the right to suspend, discontinue or modify this Site at any time without notice to You.
Patient acknowledges that NBM is acting only as a Facilitator for You to obtain HCG through this Site. NBM does not own or have any financial or personal interest in any licensed or unlicensed Pharmacy and We do not employ any Physicians or Nurse Practitioners for the purpose of You obtaining HCG through this Site. You further understand that any Licensed Pharmacy or Physician or Nurse Practitioner utilizing this Site to assist You in obtaining HCG from this Site, are independent contracted companies or individuals and not employed by NBM.
In regard to the above, Patient, agrees to hold harmless NBM it’s officers, directors, employees, stockholders, assigns, agents, successors, affiliates or contracted parties and it’s Medical Personnel, from any liability associated with respect to the content herein from any liability associated in connection with, resulting from, or arising out of, directly or indirectly from NBM’s independent contracted Physician or independent Pharmacy rendering of medical care services, advice and/or treatment. Patient’s failure to disclose all relevant information regarding Patient’s medical and physical condition to NBM’s Independent Contracted Medical Physician can result in harm or injury from the medical care or pharmaceuticals provided directly or indirectly by the Physician.
Patient is aware of any potential side effects associated with using HCG and accepts all risks involved in taking the Prescription medication and will not seek indemnification or damages from NBM’s officers, directors, employees, stockholders, assigns, agents, successors, or affiliates or contracted parties.
This Sites contains a number of specific products, logos, slogans and names which are registered Trademarks of NBM and various suppliers. Without the written permission of the Trademark owners, it is prohibited that any of these Trademarks by copied, used or imitated in whole or in part. Not with standing, the use of metatags and/or hidden text utilizing any Trademark is prohibited without written permission.