Vitality Endocrinology Website Terms of Service

Terms of service | The Vitality Endocrinology website and services are provided by Vitality Endocrinology LLC (“Vitality Endocrinology”, “we” “us” or “our”). These terms of service govern your (“you” or “your”) access to and use of www.vitalityendo.com (the “website”) and all services provided by Vitality Endocrinology via the website. Vitality Endocrinology may be contacted by phone at 407.614.7481; or email at info@vitalityendo.com.

Acceptance of terms | By using our website or subscribing to our services, you indicate your unconditional acceptance of the following terms and conditions.

Scope of service | Vitality Endocrinology maintains this website as a service to the user community that visits the website subject to these terms and conditions. You are responsible for obtaining any equipment and Internet service necessary to access our website and for paying any fees for the equipment and service you select. We may alter, suspend or discontinue this website or the services in whole or in part, at any time and for any reason, without notice. The website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

Website content | Users have a personal, non-transferable and non-exclusive right to access and use the content of this website subject to these terms and conditions. The term “content” includes all information, text, images, data, links, software or other material accessible through the website or services, whether created by us or provided by another person for display on the website or through the services. The content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download and print content that is available on this website or through the services, subject to the following conditions:

• The content may be used solely for internal informational purposes
• No part of this website or its content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose
• The content may not be modified
• Copyright, trademark and other proprietary notices may not be removed

Nothing contained on this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use this website or any content displayed on this website, except as expressly permitted by these terms of use or with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this website.

Disclaimer About Medical Information and No Medical Advice | Vitality Endocrinology’s website does not constitute an attempt to practice medicine. The use of the website does not establish a doctor-patient relationship. Individuals should consult a qualified health care provider for medical advice and answers to personal health questions.

If you have a serious emergency requiring immediate medical attention, call 911. If you need medical advice, consult a medical professional.

All content, including text, graphics, images and information, contained on or available through this website is intended solely for the general information of the reader. It is not to be considered medical advice or a plan for disease management. It is not intended to diagnose health problems; to dictate what constitutes reasonable, appropriate or best care for any given health issue; or to be used as a substitute for the independent judgment of a physician for any given health issue. The website content is general in nature and cannot take into account the unique circumstances that define the health issues of an individual patient.

Some statements or claims about the possible health benefits conferred by any foods or supplements may not have been evaluated by the Food & Drug Administration (FDA) and are not intended to diagnose, treat, prevent or cure any disease.

Disclaimer About Insurance | Vitality Endocrinology works with our patients to provide endocrine-related care services. Membership-based care services are not applicable to medical insurance; membership constitutes a waiver of medical insurance benefits for Vitality Endocrinology services.

Vitality Endocrinology membership-based care is not an insurance plan and is not a substitute for health insurance. You should still maintain your present plan, or purchase a high deductible catastrophic care plan, because you will need coverage for hospital care and any care provided by other medical service providers. We do not provide health insurance, hospital care or emergency care. We can refer patients to providers within a desired network.

Third party websites | By using this website, you may find links to third party websites provided to you as a convenience. Clicking on any of these links will direct you outside of www.vitalityendo.com. Any outside website accessed from our website is independent from Vitality Endocrinology, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such third party websites.

Implied endorsements | In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Vitality Endocrinology of that third party or of any product or service provided by a third party. Likewise, a link to any third party website does not imply that we endorse or accept any responsibility for the content or use of such a website. Vitality Endocrinology does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

Patient registration and communication | Vitality Endocrinology provides communication via its Patient Portal at www.vitalityendo.com. Upon acceptance of these Terms of Service, as a new patient, you will need to sign up for a Patient Account prior to your access or use of the Services provided through Vitality Endocrinology’s Patient Portal. This Patient Portal is provided through ChARM Health EHR Services (www.charmhealth.com). ChARM Health EHR Services’ Terms of Service may be found at https://www.charmhealth.com/ehr/termsofservice.html. ChARM Health EHR Services’ Privacy Policy may be found at https://www.charmhealth.com/privacy-policy.html. Your Patient Account will be created when your first appointment reservation request is confirmed by Vitality Endocrinology. You can then create your Patient Portal access with your user ID associated with your provided valid email address and your self-created password. For your convenience as a Vitality Endocrinology patient, all information that you provide to Vitality Endocrinology is subject to Vitality Endocrinology’s Privacy Policy. You are responsible for keeping your registration information up-to-date through the Patient Portal on the website.

You acknowledge that communications with Vitality Endocrinology or the Physician using email, cell phone, video chat and facsimile are not guaranteed to be secure or confidential methods of communication. As such, you expressly waive the Physician’s obligation to ensure confidentiality with respect to correspondence using such means of communication. You acknowledge that all such communications may become a part of your medical records.

You authorize the Physician to communicate with you by email regarding your “protected health information” (PHI) (as that term is defined in the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the HITECH Act, their implementing regulations) using the email address you provide to Vitality Endocrinology. By providing Vitality Endocrinology with your email address, you acknowledge that:

• Email is not a secure medium for sending or receiving PHI and, in particular, if you send or receive email through your employer’s email system, your employer may have the right to review it;
• Although Vitality Endocrinology and the Physician will make reasonable efforts to keep email communications confidential and secure, neither Vitality Endocrinology nor the Physician can assure or guarantee the confidentiality of email communications;
• In the discretion of the Physician, email communications may be made a part of your permanent medical record; and
• Email is not an appropriate means of communication regarding emergency or other time sensitive issues or for inquiries regarding sensitive information.

If you do not receive a response to your email message within two days, you agree to use another means of communication to contact the Physician. Neither Vitality Endocrinology nor the Physician will be liable to you for any loss, cost, injury or expense caused by or resulting from a delay in responding to you as a result of technical failures including, but not limited to:

A technical failures attributable to any internet service provider;

B  power outages or failure of any electronic messaging software;

C failure to properly address email messages;

D failure of Vitality Endocrinology’s or the Physician’s computers or computer network, or faulty telephone or cable data transmission;

E  any interception of email communications by a third party; or

F  your failure to comply with the guidelines regarding use of email communications set forth in this section.

Disclaimer of warranty | This website is provided on an “as is,” “as available” basis without warranties of any kind, express or implied, including, but not limited to, those of TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE or NON-INFRINGEMENT or any warranty as to accuracy, timeliness, completeness or arising from a course of dealing, usage or trade practice. No oral advice or written information provided by the website shall create a warranty; nor shall visitors to the site rely on any such information or advice. Under no circumstances will Vitality Endocrinology be liable for any loss or damage (including, but not limited to, damages for loss of profits, loss of data, loss of use or costs of obtaining substitute goods or services) caused by your reliance on information in any content on this website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT OR SERVICE SHALL BE ITS REPLACEMENT OR A CREDIT TOWARD ANOTHER PRODUCT OR SERVICE, IN VITALITY ENDOCRINOLOGY’S DISCRETION.

Delivery limitation of liability | The user assumes all responsibility and risk for the use of this website. In no event shall Vitality Endocrinology or its officers, directors, employees, affiliates or anyone else involved in creating or maintaining this website be liable to any user of this website or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access to or use or misuse of the website or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise; or or that result directly or indirectly from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access. In states which do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent allowed by law.

Indemnification | By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend Vitality Endocrinology from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this website, services or products by you or any other person accessing the website using your personal information.

Intellectual property rights | Unless otherwise noted, all content contained on this website is the property of Vitality Endocrinology and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.

Product names are trademarks or registered trademarks of their respective owners. We do not claim ownership of content submitted by users without compensation by Vitality Endocrinology and with the expectation that such content will be made publicly accessible through our website. By submitting such content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such content. This license shall remain in effect until we delete the content from our systems.

Copyright infringement; notice and take down procedures | If you believe that any materials on this website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:

1 identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work;

2 identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material;

3 your name, address, telephone number, and email address;

4 a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;

5 a statement that the information in your claim is accurate; and

6 a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf.

Our agent for copyright issues relating to this website is: Copyright Agent, Vitality Endocrinology, phone 407.614.7481; email info@vitalityendo.com.

Jurisdictional issues | We make no representation that information on this website, or the products or services we provide, are appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

Termination | We may terminate any user’s access to our website or services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our website or services.

Enforcement | These Terms and Conditions shall be governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law. All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Orange County, Florida, USA under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Florida. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security or other equitable remedies from federal and state courts located in the State of Florida or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void and unenforceable.

Severability | If any part of these Terms and Conditions is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Entire agreement | These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting. 

Your consent | By visiting or using the Vitality Endocrinology website and domain name, any other linked pages, features, content, mobile applications, and any other services we offer from time to time in connection with any of the foregoing (collectively, the “website”), you agree to the practices and policies set forth in these Terms of Service, and you hereby acknowledge and consent to our collection, use, and sharing of your information as described in our Privacy Policy.

Contact | If you have questions, suggestions or wish to make a complaint, please contact us via our online form, or you can contact us at:

Vitality Endocrinology
Customer Care – Website Terms of Service Issues
407.614.7481
info@vitalityendo.com

We will make every effort to resolve your concerns. If you feel that your inquiry has not been satisfactorily addressed, you may contact these consumer agencies that may be able to provide you with additional assistance.

U.S. Federal Trade Commission (FTC)
Better Business Bureau (BBB)

Last Updated: 05.01.19