Welcome to Bliv Wellness!
Bliv Wellness is owned and operated by Bliv Wellness LLC.
These are the terms and conditions for:
INITIAL NOTICES:
NOT HEALTH INSURANCE. THIS AGREEMENT IS NOT HEALTH INSURANCE AND DOES NOT MEET ANY INDIVIDUAL HEALTH INSURANCE MANDATE THAT MAY BE REQUIREDBY FEDERAL LAW, INCLUDING THE FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT AND COVERS ONLY LIMITED ROUTINE HEALTH CARE SERVICES AS DESIGNATED IN THIS AGREEMENT
BINDING ARBITRATION. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION, WHICH MAY BE ENFORCED BY THE PARTIES
REQUIREMENT TO COMPLETE AGREEMENTS AND POLICIES:
To access and use Bliv’s services, it is necessary for you to review, acknowledge, and complete the required agreements and policies before any service is provided. These documents provide detailed information on the terms and conditions governing the provision of Bliv’s services and outline your rights and responsibilities as a user. Usage of Bliv services without a signed agreement will be deemed as implicit acceptance of our terms and policies.
By using the services, you agree to be bound by these terms and conditions and all other policies and agreements with Bliv. In these terms and conditions, the words "website" refers to the website offered by Bliv Wellness, "we", "us", "our" and "Bliv Wellness" refers to Bliv Wellness and "you", “your”, “patient” and "user" refers to you, the user of Bliv Wellness.
The following terms and conditions apply to your use of our website and solutions. This includes the mobile and tablet versions, as well as any other versions of Bliv Wellness accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, POSTINGINFORMATION OR OBTAINING ANY SERVICES FROM BLIV.
1. ACCEPTANCE OF TERMS
This agreement sets forth the legally binding terms for your use of Bliv Wellness's services and solutions. By registering and using the website, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and stop using the services immediately. We may modify this agreement from time to time, and such modification will be effective when posted on the website. You agree to be bound by any modifications to these terms and conditions when you use Bliv Wellness's services after such a modification is posted; therefore, it is important that you review this agreement regularly.
Use of the website is prohibited for children under the age of 13. For children under the age of 18and over the age of 13, it is the responsibility of parents and legal guardians to determine whether use of the website or any of the content and functionality available on the website is appropriate for their child or minor in custody.
If you are using the services on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your organization to these terms. Accordingly, all references in these terms to “you” or “user” shall be deemed to include your organization, except where the context may otherwise require. If you do not have such authority, then you may not use the service on behalf of your organization and you must discontinue all use of the service immediately.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the website does not violate any applicable law or regulation. Bliv Wellness may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.
By using the website, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you have no legal incapacity or contractual restriction that would prevent you from entering into this agreement.
2. ACCOUNT
Users will be able to register and open an account on the website. When registering on the website, the user must choose a password and may be asked for additional information such as an email address. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Bliv Wellness of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without Bliv Wellness's prior authorization. Bliv Wellness will not be liable for any loss or damage arising from your breach of this agreement.
Users may cancel their accounts at any time and for any reason by following the instructions on the website or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data transferred to Bliv Wellness.
Bliv Wellness reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Bliv Wellness believes that you have breached any of these terms, provided Bliv Wellness with false or misleading information, or interfered with another's use of the website or the service.
3. NOTIFICATIONS
By providing Bliv Wellness with your email address, you agree that we may use your email address to send you notifications about Bliv Wellness. We may also use your email address to send you notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your removal request through the contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving notifications and mailings about updates, news or special content.
4. BLIV WELLNESS LLC PROGRAM MEMBERSHIP OPTIONS AND FEES
The Program offers different Membership Options, each with varying scope of services and fees. You must select your desired Membership Option from the available list on Bliv Wellness LLC’s website. The terms of your selected Membership Option, which can be found on the Bliv Wellness LLC’s website. Membership Options may change from time to time, and you will receive at least ninety (90) days’ advance notice of such changes. However, you are entitled to the full scope of your Membership Option as it existed as of the effective date of a specific Membership Term for the duration of such Membership Term.
You are required to pay your Membership Fee in a single sum.
Once paid, your Membership Fee is non-refundable, as set forth in the Bliv Wellness LLC Refund Policy,
5. NO EMERGENCY CARE; CERTAIN SERVICES AND ITEMS EXCLUDED
If you have an emergency, you must dial 911. Bliv Wellness LLC does not treat emergencies. Bliv Wellness LLC does not offer primary care medical services, medications, or supplements.
6. NO INSURANCE ACCEPTED; SELF-PAYMENT ONLY
The Program is a direct health care service; it is not health insurance. Bliv Wellness LLC does not participate with or bill commercial health insurance plans or federal health care programs such as Medicare or Medicaid. Bliv Wellness LLC providers may recommend you receive services not offered by Bliv Wellness LLC (e.g., specialty services, diagnostic tests), but in no event will Bliv Wellness LLC be responsible for any resulting medical bills.
You are solely responsible for payment of all fees for Bliv Wellness LLC’s services. If you do have health insurance, your insurance policy is a contract between you and your insurance company. It is your responsibility to know your benefits, and how they will apply to your benefit payments. Bliv Wellness LLC takes no responsibility to understand or be bound by the terms and conditions of such insurance. There is no guarantee your insurance company will make any payment on the cost of the services you have purchased.
7. SUBSCRIPTIONS
Bliv Wellness offers a subscription-based telehealth weight loss program. When a user purchases a subscription, Bliv Wellness will send a confirmation email. This confirmation email will be produced automatically so that the user will have confirmation of the payment and the start of the subscription. If the user does not receive the email confirmation of the purchase and the start of the subscription, it is possible that it has been sent to your spam folder.
Bliv Wellness may cancel the sale of any subscription and may change or discontinue the availability of subscriptions at any time at its sole discretion. If a subscription purchase is cancelled, the payment made for the subscription will be refunded in the applicable billing period. This does not affect your statutory rights.
Subscriptions include automatic recurring payments. You authorize Bliv Wellness to renew your subscription and to charge you periodically and progressively on each billing date. The subscription billing date is the date on which you purchase the subscription and make the first payment. On the corresponding billing date, you will automatically be charged the corresponding subscription fee. The subscription will remain active until you cancel it or we terminate it. You must cancel your subscription before it renews to avoid the next billing period. We will bill you for the subscription billing fee in the payment method you choose during registration and subscription purchase.
Subscriptions will automatically renew for an additional period unless cancelled prior to the next billing period. Users can cancel subscriptions through the account settings, or they can send us the request through our contact information. If a subscription is cancelled, the user may continue to use the website payment features for the subscription until the next billing period, at which time the subscription and access to the website payment features will be cancelled.
8. PAYMENTS
Subscriptions can be paid through the following payment methods:
Payments will be processed through our payment processor "Stripe" and “Hint”. The subscription payment will be charged to your credit/debit card immediately after completing the payment and subscription registration process. The subscription will be activated upon completion of the payment and registration process and will be charged on each billing date automatically. Once the transaction is processed, we will send an electronic receipt to the user's email address.
If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the Buyer service of the relevant payment website.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.
Your payment details will be treated and retained securely and for the sole purpose of processing the purchase of the subscriptions. Bliv Wellness reserves the right to engage any payment website available on the market, which processes your data for the sole purpose of processing the purchase of the subscriptions.
Skip payments are not allowed at any time.
9. PRESCRIPTION REFILL REQUESTS
It is the responsibility of the patient to request a prescription refill once monthly. This can be done by filling out a prescription refill form on the Bliv website, webchat, or using this link: https://www.joinbliv.com/prescription-refill
10. MEMBERSHIP CANCELLATION AND REFUND POLICY
If you wish to cancel your Bliv Wellness LLC subscription within 72 hours of your purchase, you may request a full refund for the amount you paid, provided that no services have been rendered. No refunds will be issued after 72 hours from the time of purchase, regardless of service usage or medication dispensation, unless your PCP provides a doctor's note or documentation stating that you can no longer take the medication, or if our providers determine they cannot assist you further after exploring all options. Please note that there is a $24.99 fee to meet with a provider. If these conditions are met, a refund will be processed, minus $200 for clinical coordination and account setup. Additionally, if you paid through CareCredit, the 15.99% service fee will not be refunded.
Disclaimer
Should any policy announcement prevent us from supplying a medication, a credit will be applied to your account, which can be used for other Bliv Wellness LLC services. No refunds will be issued.
11. APPOINTMENT CANCELLATION AND NO-SHOW POLICY
At Bliv, we understand that plans change, and appointments may need to be cancelled or rescheduled. However, to ensure the best care for all our patients, we have established the following cancellation and no-show policy.
Cancellation
Please be advised that the cancellation policy is also applicable to individuals who are not patients but are scheduled for an initial consultation with one of our providers.
If you need to cancel or reschedule your telehealth clinic appointment, please do so at least 24hours before your scheduled visit. This will allow us to offer the time slot to another patient in need of care.
To cancel or reschedule your appointment, please contact our clinic at clinic@joinbliv.com.
No-Show Policy
If you do not show up for your scheduled telehealth clinic appointment and did not cancel in advance, you will need to reach out to clinic@joinbliv.com to reschedule.
Disclosures
By scheduling an appointment with Bliv Telehealth Clinic, you are agreeing to our cancellation and no-show policy. Any fees incurred will be charged to the card on file unless otherwise discussed with our team. We reserve the right to make changes to our policy at any time, and we will notify patients of these changes in advance. Thank you for understanding the importance of adhering to this policy and helping us provide quality care for all our patients. Any disputes or concerns regarding this policy should be addressed to our clinic directly.
You understand and agree that if you do not show up for your appointment or cancel your appointment with less than 24 hours’ notice more than three (3) times, your account may be put on Pause, if eligible. If you fail to attend coaching sessions for a period of four (4) consecutive weeks or more, your account may be put on Pause, if eligible. When your program is on Pause, we will cancel additional prescription renewals and coaching sessions. Your program can be on Pause one time in your Bliv Wellness, LLC. membership for up to three months. If you do not reactivate your Pause, or if you trigger a second Pause after reactivating, you will forfeit your membership
12. SENSITIVE INFORMATION (Health Information)
Sensitive information includes, but is not limited to, information related to a person's health. Certain sensitive user or customer information (health information) is necessary for the proper provision of our services and subscriptions. Bliv Wellness's policy is that sensitive information will be treated as confidential information and will be used and disclosed only for the purposes for which it was provided and authorized, unless the user or customer agrees otherwise, or the law permits the use or disclosure of this information. By using Bliv Wellness services, you consent and agree to the processing and storage of such sensitive information for the uses expressly described in this policy. Sensitive information you provide through our services and subscriptions will never be disclosed or published to unauthorized third parties and will be treated as confidential information by Bliv Wellness indefinitely.
13. DISCLAIMER
By purchasing a subscription and using our services, you agree that Bliv Wellness does not guarantee any beneficial outcome, success or failure of the telehealth services provided by Bliv Wellness. Bliv Wellness is not responsible for the results that our users may obtain through the purchase of subscriptions and telehealth services provided by Bliv Wellness. User acknowledges that the ultimate success or failure of the telehealth services provided by Bliv Wellness will be the result of each particular situation beyond the control of Bliv Wellness.
Through our telehealth and subscription services we can prescribe medications for weight loss. The medications prescribed through our services and subscriptions are done through certified physicians and under strict medical indications of our certified physicians. Please note that the consumption of weight loss medications prescribed through our services and subscriptions properly and according to medical indications is the sole and exclusive responsibility of the users.
Bliv Wellness offers weight loss subscriptions through telehealth services and specialized certified clinicians, but our services are not recommended for emergency medical situations. Please do not use our telehealth services for medical emergencies. In case of medical emergencies and situations requiring immediate medical attention, please refer to the emergency services closest to your location.
By accessing the website and the content available on the website, the user accepts personal responsibility for the results of the use of the information available in the content. You agree that Bliv Wellness has not guaranteed the results of any action taken, advised or otherwise, by this website or the content. Bliv Wellness provides resources and content for information purposes only. We do not warrant that the information available on the website is accurate, complete or up to date. The content of this website is provided for general information only and should not betaken as professional advice. Any use of the material provided on this website is at your own risk.
14. COPYRIGHT
All Bliv Wellness materials, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items, are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Bliv Wellness or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all Bliv Wellness Materials are made available for your limited, non-commercial, personal use. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express permission of Bliv Wellness. You may not add to, delete, distort or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security feature, or to use Bliv Wellness or any portion of the material for any purpose other than its intended purpose is strictly prohibited.
15. COPYRIGHT INFRINGEMENT
Bliv Wellness will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Bliv Wellness respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act(DMCA), via our contact information, with the following information:
16. PERSONAL INFORMATION
Any personal information you provide in connection with your use of the website and our services will be used in accordance with our privacy policy. See our privacy policy.
17. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is owned by Bliv Wellness or licensed to Bliv Wellness by third parties. For all content other than your own, you agree not to modify, copy, distribute, transmit, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:
18. DISCLAIMER OF WARRANTIES
Due to the nature of the Internet, Bliv Wellness provides and maintains the website on an "as is," "as available" basis and does not promise that use of the website will be uninterrupted or errorfree. We are not liable to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may occasionally contain links to other websites that are not under our control or maintained by us. These links are provided solely for your convenience, and we are not responsible for the content of those websites.
Except as provided above, we cannot provide any other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the fullest extent permitted by law.
You shall be liable for any breach of these terms by you and, if you use the website in breach of these terms, you shall be liable for and shall reimburse Bliv Wellness for any loss or damage caused as a result.
Bliv Wellness shall not be liable for any amount for breach of any obligation under this agreement if such breach is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or acts of God.
These conditions do not affect your statutory rights as a consumer, which are available to you.
Subject to the foregoing, and to the maximum extent permitted by law, Bliv Wellness excludes liability for any loss or damage of any kind whatsoever arising, including without limitation any direct, indirect or consequential loss, whether or not arising out of any problem which you notify Bliv Wellness of, and Bliv Wellness shall have no liability to pay any money by way of compensation, including without limitation any liability in relation to:
19. ELECTRONIC COMMUNICATIONS
By providing your email address, you agree to receive electronic communications via email.
Disclosure
Bliv Wellness will not accept any liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for the acts or omissions of any user, for the accessibility or availability of the Internet or for traffic congestion or for any unauthorized human act, including any error or mistake.
20. THIRD PARTIES
Through your use of websites and services you may encounter links to third party sites or be able to interact with third party sites. These third parties may charge a fee for the use of certain content or services provided on or through their websites. Therefore, you should investigate as you deem necessary or appropriate before proceeding with any transaction with any third party to determine whether a fee will be incurred. Where Bliv Wellness provides details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interaction with third party sites and applications is at your own risk. You expressly acknowledge and agree that Bliv Wellness is in no way responsible for such third-party websites.
21. INDEMNIFICATION
You agree to defend and indemnify Bliv Wellness from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:
22. CHANGES AND TERMINATION
We may change the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
23. INTEGRATION CLAUSE
This agreement, together with the privacy policy and any other legal notices posted by Bliv Wellness, shall constitute the entire agreement between you and Bliv Wellness and shall govern your use of the website.
24. DISPUTES
You agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the website, shall be resolved by binding arbitration between you and Bliv Wellness, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event a dispute arises in connection with your use of the website or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before are puttable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Bliv Wellness may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website.
The courts of the United States, specifically the courts located in the State of Utah, shall have jurisdiction over any dispute, controversy or claim relating to Bliv Wellness and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of Utah.
25. ENTIRE AGREEMENT; AMENDMENT
This Agreement sets forth the entire agreement between the parties with regard to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements. This Agreement may be amended only in writing signed by all parties. Notwithstanding the foregoing, Bliv Wellness LLC may, upon at least ninety (90) days’ notice to you, unilaterally amend the Membership Fees and Membership Payment Schedule at any renewal period of this Agreement and/or amend this Agreement if required by applicable law. Upon receipt of such notice, you may accept these changes or reject them by immediately terminating your Membership in accordance with Section 10 (Membership Cancellation and Refund Policy).
26. MISCELLANEOUS. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the state laws specified in the applicable State Addendum. Venue. The exclusive forum for all disputes arising under or relating to this Agreement, shall be in New York City, New York, unless such action cannot bylaw be brought in such forum, in which case the venue required by law shall govern. Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver or deprive that party of the right thereafter to that term or any other term of this Agreement. Severability. The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or unenforceability of any other term(s)or provision(s). Successors. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors, assigns, heirs, executors and administrators. No Assignment. You may not assign your rights, duties and obligations under this Agreement without the prior written consent of Bliv Wellness LLC, whose consent may be withheld for any reason. Any attempt to assign said rights, duties and obligations without the prior written consent of Bliv Wellness LLC will be null and void and of no force or effect. Bliv Wellness, LLC. may assign this Agreement thirty (30) days in advance to you. Counterparts. This Agreement may be executed electronically in one or more counterparts, all of which together shall constitute only one agreement. State Addendum. The applicable State Addendum shall be incorporated herein. The terms of this Agreement and the State Addendum shall be read in harmony but, in the event of an irreconcilable conflict between the two, the conflicting terms of the State Addendum shall control.
Notices
Any communication required or permitted to be sent under this Agreement shall be in writing and sent via electronic mail (a) to Bliv Wellness LLC at info@blivwell.com and (b) to you at the email or the address you designate at signature.
27. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. Use of the website and services are not authorized in any jurisdiction that does not give effect to all of the provisions of these terms.
Our compliance with these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or collected by us in connection with such use.
If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.
Any rights not expressly granted herein are reserved.
28. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact page or by using the contact information below:
Bliv Wellness LLC.
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