TERMS & CONDITIONS
CANCELLATION POLICY: At ThriveX™ we believe that to treat you we need to know you. So when we schedule our patients, we do so with the mindset that each person deserves our individual attention. Scheduled times are carefully established to minimize wait and optimize attention. Because we are so focused on keeping our schedules convenient for our patients, we require 24 hours advance notice for changes. This is particularly important with our infusions because any IV not utilized within 4 hours is discarded. We do not re-use or attempt to artificially extend the life of our infusions.
We will be happy to reschedule your appointment for a later time. But calls received less than 24 hours before appointment will result in 50% charge of service to the credit card on file for consultations and 100% for scheduled infusions. We thank you so much for your understanding.
REFUNDS: All our services and therapies are as unique as our patients. Therefore, tailor-made therapies may not be refunded. All sales of services including but not limited to intravenous therapies are final. Unopened oral supplements may be returned for credit with a 20% restocking fee if less than 14 days since purchase.
PURCHASE POLICY: All service must be utilized within 90 days of purchase date. Please, refer to terms and conditions for further information.
TERMS AND CONDITIONS OF USE
1. INTRODUCTION: These Terms and Conditions of use are an agreement between you (“Customer,” or “you” or “your”) and ThriveX ("ThriveX™" or "we" "us" or "our"). By using any of our products and services, you agree that you are at least 18 years old, legally able to enter into a contract, and have read and consented to this agreement.
We plan to update this Agreement from time to time, so please check back regularly. All updates are effective immediately when we post them, and apply to all access to and use of ThriveX™ products or services thereafter.
2. DESCRIPTION OF ThriveX™: ThriveX™ is a medical office that offers nutrition, hormone balancing and aesthetic services that include but are not limited to intra-articular/intravenous/intramuscular injections and other cosmetic skin treatments.
3. VALIDITY OF ELECTRONIC SIGNATURES: ThriveX™ uses electronic signatures in the course of doing business that are valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states. ThriveX™ does not authenticate users’ signatures or identities.
4. PAYMENTS: 4.1 Payment. Customer must pay fees according to the payment terms specified at the time services are ordered.
4.2 Failure to Pay. If Customer fails to pay, ThriveX™ may, in its sole discretion, terminate, suspend or restrict provision of its products and services. We may charge interest at a monthly rate equal to the lesser of 1.5% per month or the maximum rate permitted by applicable law on any overdue fees, from the due date until the date any overdue amount (plus applicable interest) is paid in full.
4.3 Disputes. If Customer believes in good faith that ThriveX™ has incorrectly billed Customer, Customer must contact ThriveX TM in writing within 30 days of the billing date, specifying the error. Unless Customer has notified ThriveX™ of the dispute, Customer must reimburse ThriveX™ reasonable collection costs (including attorney’s fees). Customer must pay the undisputed portions of ThriveX™ invoice as required by this Agreement.
4.4 Taxes. Prices do not include applicable taxes. ThriveX™ will invoice Customer for any applicable taxes, and
Customer must pay these taxes.
4.5 Delivery. ThriveX™ products and/or services are deemed to be delivered and accepted upon payment.
4.6 Refunds. All sales are considered final, but ThriveX™ reserves the right, at their sole discretion to refund all or
part of a sale on a case-by-case basis.
4.7 Other Promotions. We may run promotional offers from time to time, the terms of which are promoted on our website or in emails. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point.
5. YOUR RELATIONSHIP WITH ThriveX™: ThriveX™ is a medical office designed to offer a variety of elective medical procedures. Customers engage with ThriveX™ products and services by choice. Products and services require customer disclosure of potentially harmful medical issues. Failure to disclose potentially harmful medical issues can result in unwanted side effects that you agree ThriveX shall not be held liable.
6. YOUR PRIVACY: Protecting your privacy is very important to us. Please review our Privacy Policy, which explains how ThriveX™ treats your personal information and protects your privacy.
7. FEEDBACK: We may provide you with a mechanism to provide feedback, suggestions, and ideas on our products and services. You grant us the irrevocable right to use your feedback and incorporate your suggestions into our products and services without any obligation to provide attribution or compensation to you or any third party.
8. LIABILITY DISCLAIMER: ThriveX™ DISCLAIMS LIABILITY FOR ANY LOSS, INJURY, CLAIM OR DAMAGE RELATED TO YOUR USE OF ITS PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM ERRORS OR OMISSIONS, A SITE OR APPLICATION BEING DOWN, DATA LOSS, AND UNSATISFACTORY AESTHETIC OUTCOMES. ThriveX™ WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ANY OF ERASABLE PRODUCTS OR SERVICES.
ThriveX™ WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY COURT ACTION OR LEGAL DISPUTE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ThriveX™, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF ThriveX™ PRODUCTS OR SERVICES, EXCEED ANY COMPENSATION PAID BY YOU FOR TREATMENT BY ThriveX™ DURING THE THREE MONTHS PRIOR TO THE DATE OF ANY CLAIM.
9. INDEMNIFICATION: You will indemnify and hold harmless ThriveX™ and its officers, agents, employees, representatives, and assigns from any costs, damages, expenses, and liability caused by your use of any of ThriveX™ products and services or your violation of these Terms of Service.
10. MODIFICATION OF THESE TERMS OF SERVICE: We reserve the right to modify these Terms of Service. You agree that your use of ThriveX™ products and services after a modification will be treated as acceptance of the modified Terms of Service.
11. CONTACT US BY PHONE: 954-441-4244
12. MISCELLANEOUS:
12.1 Choice of Law, Jurisdiction & Venue. You agree that any disputes with ThriveX™ arising from or connected to your products and/or services at ThriveX™ will be governed by the laws of the state of Florida, that Florida courts will have exclusive jurisdiction over any such disputes, and that Fort Lauderdale, FL will serve as the venue.
12.2 Headings for Convenience Only. The headings of sections and sub-sections in this Agreement are for convenience only and are not intended to affect the meaning of the Agreement.
12.3 Entire Agreement. This Agreement, along with invoices, sales orders or other purchase-related communication, is the entire agreement between you and ThriveX™. with respect to your use of ThriveX™ and its products and services. We reserve any rights not expressly granted here.
12.4 Non-Waiver. No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
12.5 Severability. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.
INSURANCE: At ThriveX™ we strive to provide both quality medical care along with affordable access to compounded medications, blood tests, and nutritional supplements. In order to accomplish this, ThriveX™ does not accept any form of insurance. Many of the formulations we use in our therapies are not covered by insurance and the cost of overall treatment is often less than when using insurance. On a case by case basis, some insurance companies do reimburse for Hormone Replacement Therapy and Testosterone Replacement Therapy. It is each patient's responsibility to contact their own insurance company to confirm reimbursement. ThriveX will not contact your insurance company nor will take any responsibility for any additional forms your insurance requires.
INFORMED CONSENT: Vitamins are vital for our body’s normal function and are absolutely necessary for our growth, general well being and vitality. Except for a few exceptions, vitamins cannot be manufactured or synthesized by the body and their absence or improper absorption may result in specific deficiency diseases. Therefore it is important for our body to obtain vitamins from outside sources. Latest researches indicate that many vitamins taken in large doses can support a varying number of diseases and ailments. Proper vitamin injections can supply the much- needed nutrients your body needs to maintain and enhance normal bodily function. Vitamin intravenous (IV) infusions are better absorbed by the body since they go directly into the blood stream. Alternatives to infusion therapies are intramuscular, subcutaneous injections, oral and topical routes of administration with varying degrees of bio-availability. As with any medication or supplemental treatments, intravenous or injection therapy may in rare cases cause side effects. Please, acknowledge below:
1. There is a risk of mild diarrhea, upset stomach, nausea, a feeling of pain and a warm sensation at the
site of injection, a feeling or sense of being swollen, headache and/or joint pain.
2. If any of these side effects become severe or troublesome, contact the office immediately or seek emergency care.
3. Although rare, vitamin injections can result in serious side effects. All serious side effects should be
brought to the attention of the office as soon as possible:
Headache, Severe Nausea, Severe diarrhea (more than 3-4 loose stools in 4 hours), Bloating, Constipation, Indigestion or heartburn, Abnormal bleeding, Gastrointestinal hyperactivity, Chest pain, Flushed face, Chills, Fever greater than 102 degrees, Upset stomach, Kidney stones, Fingernail weakness, Rapid heartbeat, Palpitations, Restlessness/Anxiety, Muscle cramps, Muscle weakness, Dizziness
4.The possibility of having an allergic reaction to any of the ingredients found within the vitamin injections is plausible and you should communicate with office if you have any known allergic reactions to foods, dyes, preservatives or any other substances including latex. If you experience any of these following signs of allergic reactions, you should immediately consult my primary health care provider and/or this office. Furthermore, discontinue use of the products if reaction is determined to be caused by vitamins, amino acids or inactive ingredients. Signs of allergic reactions include but are not limited to: Itching of skin, Hives, Rashes, Wheezing, Difficulty breathing, Swelling of mouth or throat
5. When medications and supplements are taken in conjunction with Vitamins, amino acids, peptides and minerals drug interactions may occur. These interactions can either increase your risk of bleeding or block the absorption of nutrients. These medications need to be brought to the attention of the office whom can assess and determine if medical clearance from primary care physician is required.
6. BEFORE STARTING NUTRIENT INJECTIONS MAKE SURE TO NOTIFY THE OFFICE IF YOU HAVE ANY OF THE FOLLOWING CONDITIONS: Pregnant, Lactating/Breastfeeding, Leber’s disease, Kidney Disease, History of Kidney stones, Liver disease, Hormonal disease, Cardiovascular disease, History of ulcers, History of gastrointestinal problems, Bipolar disorder (manic depression), Attention deficit hyperactivity disorder (ADHD), Muscular Dystrophy, History of seizures, Hypoglycemia, Schizophrenia, Benign prostatic hypertrophy (BPH), Acetaminophen poisoning, Hypertension, Hypotension, Cardiac Arrhythmias, Under-active thyroid (hypothyroidism), Osteoporosis, Any blood thinners, Infection, Iron deficiency, Folic acid deficiency, Dependent TPN or liquid nutrition products for food, Diabetes mellitus or borderline, Unusual allergic reactions
7. Certain herbal products, vitamins, minerals, nutritional supplements, prescription and non- prescription mediations may result in side effects when they interact with the vitamin injection. All services rendered are charged directly to me and you are personally responsible for payment. In the event of non- payment, you would bear the costs of collection, and/or court cost and reasonable legal fees, should this be required.
OUR LEGAL DUTY: We are required by applicable federal and state laws to maintain the privacy of your protected health information. We are also required to give you this notice about our privacy practices, our legal duties, and your rights concerning your protected health information. We must follow the privacy practices that are described in this notice while it is in effect. This notice takes effect April 14, 2003, and will remain in effect until we replace it.
We reserve the right to change our privacy practices and the terms of this notice at any time, provided that such changes are permitted by applicable law. We reserve the right to make the changes in our privacy practices and the new terms of our notice effective for all protected heal thin formation that we maintain, including medical information we created or received before we made the changes.
You may request a copy of our notice (or any subsequent revised notice) at any time. For more information about our privacy practices, or for additional copies of this notice, please contact us using the information listed at the end of this notice.
USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION: We will use and disclose your protected health information about you for treatment, payment, and health care operations. Following are examples of the types of uses and disclosures of your protected health care information that may occur. These examples are not meant to be exhaustive, but to describe the types of uses and disclosures that maybe made by our office.
TREATMENT: We will use and disclose your protected health information to provide, coordinate or manage your health care and any related services. This includes the coordination or management of your health care with a third party. For example, we would disclose your protected health information, as necessary, to a home health agency that provides care to you. We will also disclose protected health information to other physicians who may be treating you. For example, your protected health information may be provided to a physician to whom you have been referred to ensure that the physician has the necessary information to diagnose or treat you. In addition, we may disclose your protected health information from time to time to another physician or health care provider (e.g., a specialist or laboratory) who, at the request of your physician, becomes involved in your care by providing assistance with your health care diagnosis or treatment to your physician.
PAYMENT: Your protected health information will be used, as needed, to obtain payment for your health care services. This may include certain activities that your health insurance plan may undertake before it approves or pays for the health care services we recommend for you, such as: making a determination of eligibility or coverage for insurance benefits, reviewing services provided to you for protected health necessity, and undertaking utilization review activities. For example, obtaining approval for a hospital stay may require that your relevant protected health information be disclosed to the health plan to obtain approval for the hospital admission.
HEALTH CARE OPERATIONS: We may use or disclose, as needed, your protected health information in order to conduct certain business and operational activities. These activities include, but are not limited to, quality assessment activities, employee review activities, training of students, licensing, and conducting or arranging for other business activities. For example, we may use a sign-in sheet at the registration desk where you will be asked to sign your name. We may also call yo u by name in the waiting room when your doctor is read y to see you. We may use or disclose your protected health information, as necessary, to contact you by telephone or mail to remind you of your appointment. We will share your protected health information with third party "business associates" that perform various activities (e.g., billing, transcription services) for the practice. Whenever an arrangement between our office and a business associate involves the use or disclosure of your protected health information, we will have a written contract that contains terms that will protect the privacy of your protected health information. We may use or disclose your protected health information, as necessary, to provide you with information about treatment alternatives or other health-related benefits and services that may be of interest to you. We may also use and disclose your protected health information for other marketing activities. For example, your name and address may be used to send you a newsletter about our practice and the services we offer. We may also send you information about products or services that we believe may be beneficial to you. You may contact us to request that these materials not be sent to you. Uses and Disclosures Based on Your Written Authorization: Other uses and disclosures of your protected health information will be made only with your authorization, unless otherwise permitted or required by law as described below. You may give us written authorization to use your protected health information or to disclose it to anyone for any purpose. If you give us an authorization, you may revoke it in writing at any time. Your revocation will not affect any use or disclosures permitted by your authorization while it was in effect. Without your written authorization we will not disclose your health care information except as described in this notice. Others Involved in Your Health Care: Unless you object, we may disclose to a member of your family, a relative, a close friend or any other person you identify, your protected health information that directly relates to that person's involvement in your health care. If you are unable to agree or object to such a disclosure, we may disclose such information as necessary if we determine that it is in your best interest based on our professional judgment. We may use or disclose protected health information to notify or assist in notifying a family member, personal representative or any other person that is responsible for your care of your location, general condition or death.
MARKETING: We may use your protected health information to contact you with information about treatment alternatives that may be of interest to you. We may disclose your protected health information to a business associate to assist us in these activities. Unless the information is provided to you by a general newsletter or in person or is for products or services of nominal value, you may opt out of receiving further such information by telling us using the contact information listed at the end of this notice.
RESEARCH; DEATH; ORGAN DONATION: We may use or disclose your protected health information for research purposes in limited circumstances. We may disclose the protected health information of a deceased person to a coroner, protected health examiner, funeral director or organ procurement organization for certain purposes.
PUBLIC HEALTH AND SAFETY: We may disclose your protected health information to the extent necessary to avert a serious and imminent threat to your health or safety, or the health or safety of others. We may disclose your protected health information to a government agency authorized to oversee the health care system or government programs or its contractors, and to public health authorities for public health purposes.
HEALTH OVERSIGHT: We may disclose protected health information to a health oversight agency for activities authorized by law, such as audits, investigations and inspections. Oversight agencies seeking this information include government agencies that oversee the health care system, government benefit programs, other government regulatory programs and civil rights laws.
ABUSE OR NEGLECT: We may disclose your protected health information to a public health authority that is authorized by law to receive reports of child abuse or neglect. In addition, we may disclose your protected health information if we believe that you have been a victim of abuse, neglect or domestic violence to the governmental entity or agency authorized to receive such information. In this case, the disclosure will be made consistent with the requirements of applicable federal and state laws.
FOOD AND DRUG ADMINISTRATION: We may disclose your protected health information to a person or company required by the Food and Drug Administration to report adverse events, product defects or problems, biologic product deviations; to track products; to enable product recalls; to make repairs or replacements; or to conduct post marketing surveillance, as required.
CRIMINAL ACTIVITY: Consistent with applicable federal and state laws, we may disclose your protected health information, if we believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. We may also disclose protected health information if it is necessary for law enforcement authorities to identify or apprehend an individual.
REQUIRED BY LAW: We may use or disclose your protected health information when we are required to do so by law. For example, we must disclose your protected health information to the U.S. Department of Health and Human Services upon request for purposes of determining whether we are in compliance with federal privacy laws. We may disclose your protected health information when authorized by workers' compensation or similar laws.
PROCESS AND PROCEEDINGS: We may disclose your protected health information in response to a court or administrative order, subpoena, discovery request or other lawful process, under certain circumstances. Under limited circumstances, such as a court order, warrant or grand jury subpoena, we may disclose your protected health information to law enforcement officials.
LAW ENFORCEMENT: We will follow Florida State and local law. No information will be shared with law enforcement without proper legal documentation. The health information of a suspect, fugitive, material witness, crime victim or missing person is protected.
PATIENT RIGHTS ACCESS: You have the right to look at or get copies of your protected health information, with limited exceptions. You must make a re quest in writing to the contact person listed herein to obtain access to your protected health information. You may also request access by sending us a letter to the address at the end of this notice. If you request copies, we will charge you $25.00 for each page or$10.00 per hour to locate and copy your protected health information, and postage if you want the copies mailed to you. If you prefer, we will prepare a summary or an explanation of your protected heal th information for a fee. Contact us using the information listed at the end of this notice for a full explanation of our fee structure.
ACCOUNTING OF DISCLOSURES: You have the right to receive a list of instances in which we or our business associates disclosed your protected health information for purposes other than treatment, payment, health care operations and certain other activities after April 14, 2003. After April 14, 2009, the accounting will be provided for the past six (6) years. We will provide you with the date on which we made the disclosure, the name of the person or entity to which we disclosed your protected health information, a description of the protected health information we disclosed, the reason for the disclosure, and certain other information. If you request this list more than once in a12-month period, we may charge you a reasonable, cost-based fee for responding to these additional requests. Contact us using the information listed at the end of this notice for a full explanation of our fee structure. Restriction Requests: You have the right to request that we place additional restrictions on our use or disclosure of your protected health information. We are not required to agree to these additional restrictions, but if we do, we will abide by our agreement (except in an emergency). Any agreement we may make to a request for additional restrictions must be in writing signed by a person authorized to make such an agreement on our behalf. We will not be bound unless our agreement is so memorialized in writing.
CONFIDENTIAL COMMUNICATION: You have the right to request that we communicate with you in confidence about your protected health information by alternative means or to an alternative location. You must make your request in writing. We must accommodate your request if it is reasonable, specifies the alternative means or location, and continues to permit us to bill and collect payment from you.
AMENDMENT: You have the right to request that we amend your protected health information. Your request must be in writing, and it must ex plain why the information should be amended. We may deny your request if we did not create the information you want amended or for certain other reasons. If we deny your request, we will provide you a written explanation. You may respond with a statement of disagreement to be appended to the information you wanted amended. If we accept your request to amend the information, we will make reasonable efforts to inform others, including people or entities you name, of the amendment and to include the changes in any future disclosures of that information.
ELECTRONIC NOTICE: If you receive this notice on our website or by electronic mail (e-mail), you are entitled to receive this notice in written form. Please contact us using the information listed at the end of this notice to obtain this notice in written form.
QUESTIONS AND COMPLAINTS: If you want more information about our privacy practices or have questions or concerns, please contact us using the information below. If you believe that we may have violated your privacy rights, or you disagree with a decision we made about access to your protected health information or in response to a request you made, you may complain to us using the contact information below. You also may submit a written complaint to the U.S. Department of Health and Human Services. We will provide you with the address to file your complaint with the U.S. Department of Health and Human Services upon request. We support your right to protect the privacy of your protected health information. We will not retaliate in anyway if you choose to file a complaint with us or with the U.S. Department of Health and Human Services.
CONTACTING US: If there are any questions regarding this privacy policy you may contact us using the information below.
ThriveX™
2655 East Oakland Park Blvd., Suite 2
Fort Lauderdale, FL 33306
thrivex.com
954.441.4244