Effective Date:
Below Terms of Service for SlimmerMeRx Services (this “Agreement”). SlimmerMeRx Services are owned by Pharmaceutical Solutions of Florida, LLC. Please read this Agreement carefully before using any of the SlimmerMeRx Services. By accessing or using any of the SlimmerMeRx Services, You agree to be bound by this Agreement, which is a legally enforceable agreement between SlimmerMeRx and You, the individual (“You” or “Your”). Throughout the Agreement, “SlimmerMeRx Services” refers to the specific SlimmerMeRx Service that You have enrolled in or have scheduled a consultation through and not any of the other Teladoc Services that are described in this Agreement. This Agreement is in addition to, and not in lieu of, any additional documentation you may be required to agree to has part of the Teladoc Services.
-
SlimmermeRX Services
This Agreement applies to Your use of any of the SlimmerMeRx Services in which You are enrolled and as further described below.
-
No Medical Advice
Although Pharmaceutical Solutions of Florida, LLC d/b/a SlimmerMeRx, is a health service, SlimmerMeRx does not offer medical advice and does not create a doctor patient relationship between you and SlimmerMeRx. Any services provided or content accessed within SlimmerMeRx, are for informational purposes only, and are not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. SLIMMERMERX IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SLIMMERMERX HEALTH SERVICE.
SlimmerMeRx does not provide medical advice, diagnosis or treatment. are
-
Your Account and Your Use of SlimmerMeRx
You must provide accurate and complete registration information any time You register to use SlimmerMeRx. It is Your responsibility to provide Us with a true, accurate, and complete e-mail address, physical mailing address, and other information related to Your account(s), and to maintain and update promptly any changes in this information.
You are responsible for maintaining the confidentiality and security of Your password and account, and You are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify SlimmerMeRx of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. SlimmerMeRx shall not be liable for any loss or damage arising from Your failure to comply with this Agreement.
The following actions are expressly prohibited in relation to Your username and password:
- Sharing, disclosing, permitting access to or otherwise facilitating the use by any person of Your username and password;
- Using the username and password to cache SlimmerMeRx in such a manner as to be accessible by persons who have not registered with SlimmerMeRx; or
- Using the username and password to permit multiple persons access to SlimmerMeRx through a local or wide area network.
If You have forgotten Your username or password, We will use an email address provided by You to send Your username or temporary password. You understand that others using the same email address will be able to gain access to Your account information, but only if they provide the correct answers to Your security questions.
Your use of SlimmerMeRx and any content accessed through SlimmerMeRx must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to register and use SlimmerMeRx, or You must be the parent or legal guardian for someone under age 18 who is enrolled in SlimmerMeRx. You may not interfere with or disrupt the proper operation of SlimmerMeRx.
If You use mobile services to enter and maintain Your personal information, You understand that You are responsible for safeguarding and securing Your mobile device and the associated credentials (such as username and password). If You leave Your mobile device unattended, or if it is lost or stolen, You understand that Your personal information may be accessible to others. To protect Your confidential health information, it is good practice to enable a touch ID, fingerprint ID, or passcode on Your smartphone.
In using SlimmerMeRx, You agree not to:
- Send or otherwise transmit to or through SlimmerMeRx any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the SlimmerMeRx Service or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
- Misrepresent Your identity or affiliation in any way;
- Restrict or inhibit any person from using SlimmerMeRx, disclose personal information obtained from SlimmerMeRx or collect information about other users of SlimmerMeRx;
- Reverse engineer, disassemble or decompile any section or technology of the SlimmerMeRx, or attempt to do any of the foregoing;
- Gain unauthorized access to SlimmerMeRx, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to SlimmerMeRx;
- Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access SlimmerMeRx in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
- Send or otherwise transmit to or through SlimmerMeRx chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
- Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
- Violate any applicable laws or regulations in any way;
- Alter or modify any part of the content or services offered on or through SlimmerMeRx;
- Allow any other person to use SlimmerMeRx with your registration or login information;
- Breach or otherwise circumvent SlimmerMeRx’s security or authentication measures; or
- Assist or permit any persons in engaging in any of the activities described above.
-
Use of Your Information/Privacy Policy and Practices/Feedback
If You create, transmit, or display information while using SlimmerMeRx, You may provide only information that You own or have the right to use. SlimmerMeRx will only use information You provide as permitted by SlimmerMeRx’s https://slimmermerx.com/privacy-policy/. SlimmerMeRx’s Notice of Privacy Practices identifies the information We collect through SlimmerMeRx, the steps We take to protect it, and Your rights regarding how that information is used and disclosed.
If You interact with SlimmerMeRx’s public facing websites, information collected through those websites is governed by https://slimmermerx.com/privacy-policy/.
SlimmerMeRx may contact You regarding information about a SlimmerMeRx Service. You acknowledge and consent to receive communications by, but not limited to, email, regular mail, manual or automated text message or SMS, MMS, push notification or in-app message, manual or automated telephone calls, or other reasonable means now known or hereafter developed regarding Your healthcare and other services through the contact information You have provided, including Your wireless number. You acknowledge that You may be charged for such calls by Your wireless carrier.
SlimmerMeRx may record inbound and outbound calls for quality monitoring and training purposes. You acknowledge and consent to the recording of phone calls between You and SlimmerMeRx. You may request the call not be recorded.
If You provide suggestions, ideas, feedback, or recommendations (“Feedback”) to SlimmerMeRx, We are free to use, disclose, reproduce, license, or otherwise distribute, and exploit the Feedback as SlimmerMeRx sees fit, without an obligation or restriction of any kind to You.
-
Intellectual Property
SlimmerMeRx is owned by Pharmaceutical Solutions of Florida, LLC ,We grant to You, for Your personal purposes only, a nonexclusive, limited and revocable right to access and use of SlimmerMeRx during the term of the SlimmerMeRx Service in which are You enrolled, so long as You comply with the terms of this Agreement. You agree not to use SlimmerMeRx for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of SlimmerMeRx without Our prior written consent.
All materials available through SlimmerMeRx may be accessed, downloaded, or printed for the noncommercial purpose and solely within the scope allowable by this Agreement. No other use of these materials may be made without express written permission of SlimmerMeRx. Any unauthorized use of the words or images from SlimmerMeRx may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
SlimmerMeRx includes materials that are derived in whole or in part from materials that are copyrighted, including the format and layout of SlimmerMeRx. The copyrights are owned by SlimmerMeRx, or for licensed content, the content providers.
None of the names, trademarks, service marks and logos of SlimmerMeRx or third parties appearing within SlimmerMeRx may be used in any advertising, publicity, or otherwise to indicate SlimmerMeRx’s or such third party’s sponsorship of or affiliation with any product or service without express written permission of SlimmerMeRx or such third party. Nothing contained within SlimmerMeRx should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on or through SlimmerMeRx.
SlimmerMeRx may contain other proprietary notices and copyright information, the terms of which must be observed and followed by You.
-
Right to Change Terms of Service
SlimmerMeRx may, at any time and from time to time, amend this Agreement. Any changes to this Agreement will be effective immediately upon posting of the changed Terms of Service. You agree to review the Terms of Service periodically and Your use of SlimmerMeRx following any such change constitutes Your agreement to follow and be bound by this Agreement as amended.
-
Computer Equipment; Browser Access and Internet Services
You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems“) necessary for You to access and use SlimmerMeRx. This responsibility includes, without limitation, Your utilizing up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider of Your choice, for any and all fees imposed by such Internet service provider, and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet, and You hereby expressly assume such risks. You acknowledge that You are responsible for the data security of the Systems used to access SlimmerMeRx, and for the transmission and receipt of information using such Systems. You acknowledge that You have requested access to SlimmerMeRx for Your convenience, have made Your own independent assessment of the adequacy of the Internet and Systems, and that You are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your System.
-
Content and Services Accessed through SlimmerMeRx
You may choose to allow a third-party service provider (such as a Personal Health Record provider, health care providers, and any other entity chosen by You) to retrieve, provide, modify or otherwise use health and other information in Your account or otherwise share Your information with the service provider. Once You permit a specific third-party service provider to access Your account, such service provider may continue to access Your account until You affirmatively disable access. It is Your sole responsibility to review and approve each such third-party service before sharing Your information through or otherwise accessing it. USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. SLIMMERMERX MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.
-
Links to Other Sites
SlimmerMeRx may contain third party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third party-owned web sites. We provide such third-party content and links as a courtesy to Our members. We have no control over any third-party owned web sites or content referenced, accessed by or available through SlimmerMeRx and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third-party web sites or content or for the availability of such web sites. Any views expressed by third parties on the Websites and Platforms are solely the views of such third party and SlimmerMeRx assumes no responsibility for the accuracy or veracity of any statement made by such third party. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD-PARTYOWNED CONTENT (WHETHER PUBLISHED IN SLIMMERMERX, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD-PARTY WEB SITE OR CONTENT.
-
SMS Text Messaging and Email Messaging
SlimmerMeRx may enable communication between SlimmerMeRx and You by means of SMS text messages to and from Your mobile device. SlimmerMeRx will only use information You provide via SMS message as permitted by the privacy documents referenced above and applicable law.
SlimmerMeRx’s SMS messaging is supported by the following mobile operators: T-Mobile, AT&T, Verizon Wireless, Sprint, Nextel, Boost, Metro PCS and others. If Your mobile operator is not supported, You will not receive a reply to Your messages. Pre-paid cellphone users may not be able to participate – check with Your mobile operator. Your mobile operator may charge standard and other text messaging fees for text messages sent and received. Neither SlimmerMeRx nor the mobile operators listed above shall be liable for delayed or undelivered messages.
Message frequency is recurring/ongoing based on Your preferences as indicated under “Communication Preferences” in Your account. Text STOP at any time to end a conversation using the SMS text service. You may continue to receive other SMS messages in which you are enrolled.
SMS text messaging is not required as a condition of registering for or using SlimmerMeRx. If You do receive SMS text messages, You acknowledge that such messages will be sent to the phone number You provide to SlimmerMeRx. Such messages may include protected health information (PHI) based on Your account preferences, and whoever has access to devices connected to that number will also be able to see this information. Additionally, You acknowledge that emails and SMS text messages may not be a secure method of communication and that they are sent through an unencrypted method of communication and that information contained in an unencrypted message is at risk of being intercepted and read by, or disclosed to, unauthorized third parties, such as Your mobile operator’s SMS text messaging system.
Message and data rates may apply.
SlimmerMeRx also offers access to messages via email. You acknowledge that communications will be sent to the email address You provide to SlimmerMeRx. Such alerts may include PHI based on Your account preferences, and whoever has access to the email address will also be able to see this information. Additionally, You acknowledge that email may not be a secure method of communication and that they may be sent through an unencrypted method of communication and that information contained in an unencrypted e-mail is at risk of being intercepted and read by, or disclosed to, unauthorized third parties, such as Your email service provider.
By enrolling to receive SlimmerMeRx SMS messages and/or email communications, You agree to this Agreement, which becomes effective upon Your enrollment.
-
Disclaimer of Warranty; Limitation of Liability
SLIMMERMERX IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SLIMMERMERX, ITS CLIENTS AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON SLIMMERMERX, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. YOUR USE OF SLIMMERMERX IS AT YOUR OWN RISK. ACCESS TO SLIMMERMERX MAY BE INTERRUPTED AND INFORMATION, SERVICES, AND MATERIALS MAY NOT BE ERROR-FREE. NONE OF SLIMMERMERX, ITS AFFILIATES, ITS CLIENTS, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING SLIMMERMERX ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON SLIMMERMERX; THEY ALSO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, SLIMMERMERX, OR YOUR INABILITY TO USE SLIMMERMERX FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND SLIMMERMERX WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
-
Indemnification
You agree to indemnify, defend and hold harmless SlimmerMeRx, its clients, and its suppliers and their respective affiliates, employees, officers, directors, agents, servants, shareholders, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) related to (i) Your violation of this Agreement, (ii) Your use, or misuse, of the SlimmerMeRx Services, and/or (iii) Your posting of material to SlimmerMeRx.
-
Applicable Law
This Agreement and the resolution of any and all disputes related to this Agreement shall be construed in accordance with the laws of the State of New York. Any dispute between SlimmerMeRx and You related to this Agreement shall be resolved exclusively by the state and federal courts of the Florida.
SlimmerMeRx can be accessed from the United States. Since the laws of each State or country may differ, You agree that the statutes and laws of the Puerto Rico, without regard to any principles of conflicts of law, will apply to any and all matters relating to the use of SlimmerMeRx.
This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
-
Modification and Termination of SlimmerMeRx
SlimmerMeRx reserves the right to terminate accounts for any reason it deems appropriate including, but not limited to, a belief that Your conduct or Your use of SlimmerMeRx violates applicable laws or is harmful to the interests of SlimmerMeRx or any other users. SlimmerMeRx also may place limits on, modify, suspend or terminate the SlimmerMeRx Services generally, and may suspend or terminate Your use of SlimmerMeRx if You fail to comply with this Agreement or otherwise in accordance with SlimmerMeRx’s internal policies. This suspension or termination may delete Your information, files, and other previously available content. If SlimmerMeRx terminates SlimmerMeRx or Your use of SlimmerMeRx, this Agreement will also terminate, but Sections 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 shall continue to be effective after this Agreement is terminated.
-
Medicare Terms
If You are receiving and utilizing SlimmerMeRx through Medicare, including Medicare health plan such as Medicare Advantage, the following terms will apply to Your usage of SlimmerMeRx blood glucose device and supplies:
(a) SlimmerMeRx device and supplies provided to You are subject to the supplier standards concerning business professional and operational matters, that are contained in the Federal Regulations as stated in 43 Code of Federal Regulations Section 424.57(c). The full text of the standards can be found at http://www.ecfr.gov by searching Title 42 – Chapter IV – Subchapter B – Part 424 – Subpart §424.57 SlimmerMeRx will provide You with a written copy of the standards if You request them in writing.
-
Rights and Responsibilities
(a) As a member in SlimmerMeRx, You have the following rights in addition to all other terms as stated herein:
(i) to have one’s property and person treated with respect, consideration, and recognition of client/member dignity and individuality;/ (ii) to receive considerate, respectful and compassionate service regardless of Your age, gender, race, national origin, religion, sexual orientation, gender identity, or disabilities; to be free from mistreatment, neglect, or verbal, mental, sexual, and physical abuse, including injuries of unknown source, and misappropriation of client/member property;/ (iii) to appoint a designee, if You so desire, to speak on Your behalf and to make decisions on Your behalf as it pertains to Your Membership in SlimmerMeRx;/ (iv) to request restrictions on certain uses and disclosures of protected health information with the understanding that SlimmerMeRx is not required to agree to a requested restriction after review of the request; (v) to inspect and copy protected health information; (vi) to receive an accounting of protected health information disclosures; (vii) to request amendment of protected health information; (viii) to be informed of any charges for SlimmerMeRx covered by Your insurance and those to be paid by You and related billing method; (ix) to receive SlimmerMeRx devices in a timely manner from SlimmerMeRx under contract or in accordance with Medicare’s or the health plan’s operational policy; (x) to make informed decisions about Your care, including receive information about the SlimmerMeRx, staff qualifications, any changes to SlimmerMeRx and any potential risks for discontinuing SlimmerMeRx; (xi) to be notified by SlimmerMeRx in advance when SlimmerMeRx will be discontinued and the reason why; (xii) to be referred to another provider organization if SlimmerMeRx is not able to meet Your needs or if You are not satisfied with SlimmerMeRx; (xiii) to opt out or cancel membership at any time; (xvi) to voice grievances/complaints, via the contact information listed below, regarding treatment or care or lack of respect of property, or recommend changes in policy, personnel, or care/service without restraint, interference, coercion, discrimination, or reprisal and without fear of termination of SlimmerMeRx; (xv) to have grievances/complaints regarding treatment or care that is (or fails to be) furnished, or lack of respect of property investigated; and (xvi) to voice grievances/complaints, via the contact information listed below, regarding treatment or care or lack of respect of property, or recommend changes in policy, personnel, or care/service without restraint, interference, coercion, discrimination, or reprisal and without fear of termination of SlimmerMeRx; (xvii) to have grievances/complaints regarding treatment or care that is (or fails to be) furnished, lack of respect of property investigated; or to provide feedback a. contact SlimmerMeRx Member support at customer_service@slimmermerx.com b. Within 5 days of receiving a grievance we will notify you that your grievance has been received and is being investigated c. Within 14 days, you will receive written notification of the results of the investigation. If the investigation is incomplete, you will be notified of the of the status of the investigation and when the investigation is complete.
(c) As a member in SlimmerMeRx, You have the following responsibilities in addition to all other terms as stated herein:
(i) to provide complete and accurate information, including Your full name, address, home telephone number, date of birth, insurance carrier and employer, when it is required; (ii) to provide complete and accurate information about Your health and medication history, when it is required; (iii) to ask questions when You do not understand information or instructions; (iv) to actively participate in the management of Your health;
-
General Legal Terms
You will not use SlimmerMeRx, in a manner inconsistent with (i) this Agreement, or (ii) any applicable laws and regulations.
If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of the Agreement remain in full force, provided that the essential terms and conditions of this Agreement remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by the Agreement are materially preserved.
Nothing in this agreement creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.
SlimmerMeRx will be provided by Pharmaceutical Solutions of Florida, LLC without regard to Your race, national origin, sex, veteran status, age, disability, diagnosis or religious affiliation.
-
Contact Information
Pharmaceutical Solutions of Florida, LLC is headquartered in Broward County, Florida, in the United States of America.
SlimmerMeRx
Attn: Legal Department
3389 Sheridan Street Ste 310
Hollywood, FL 33021
While we make every effort to respond to all correspondence within five (5) business days, we cannot guarantee a response to every communication.