Terms of Service

Effective Date: January 1, 2024 | Last Updated: January 1, 2024

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Cadence Health LLC ("Cadence," "we," "us," or "our") governing your use of our telemedicine services, website, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

Important Legal Notice

These Terms contain an arbitration agreement and class action waiver that affect your legal rights. Please read Section 15 carefully.

1. Eligibility and Account Registration

Age and Residency Requirements

You must be at least 18 years old and a resident of Minnesota to use our Services. By using our Services, you represent and warrant that you meet these requirements. Our physicians are currently licensed only in Minnesota, and we can only provide telemedicine services to Minnesota residents.

Account Creation

To access our Services, you must:

Identity Verification

We may require identity verification including government-issued photo ID to comply with federal and state regulations for telemedicine and controlled substance prescribing.

2. Telemedicine Services

Nature of Services

Cadence provides telemedicine consultations for weight management using GLP-1 medications. Our Services include:

Not Emergency Services

OUR SERVICES ARE NOT FOR MEDICAL EMERGENCIES. If you experience a medical emergency, immediately call 911 or go to the nearest emergency room.

Physician-Patient Relationship

Using our Services establishes a physician-patient relationship between you and your assigned Cadence physician. This relationship is governed by applicable medical standards and state regulations.

3. Medical Disclaimers and Limitations

No Guarantee of Results

We cannot guarantee specific weight loss results. Individual results vary based on numerous factors including genetics, adherence to treatment, lifestyle, and underlying health conditions.

Clinical Judgment

Our physicians exercise independent medical judgment. They may:

Prescription Medications

All medications have potential risks and benefits. You acknowledge that:

4. Patient Responsibilities

As a patient, you agree to:

5. Fees and Payment

Service Fees

Payment Terms

Insurance

We do not directly bill insurance. You may seek reimbursement from your insurance company. We will provide necessary documentation for insurance claims upon request.

Refund Policy

Consultation fees are non-refundable once the appointment has occurred. Monthly membership fees may be refunded on a pro-rated basis if cancelled within 7 days and no services were utilized.

6. Cancellation and Termination

Your Cancellation Rights

You may cancel your membership at any time by:

Our Termination Rights

We may terminate or suspend your access to Services immediately if you:

7. Intellectual Property

All content on our website and Services, including text, graphics, logos, and software, is owned by Cadence or our licensors and protected by copyright, trademark, and other intellectual property laws. You may not:

8. Privacy and Confidentiality

Your privacy is important to us. Our use of your personal and health information is governed by our Privacy Policy and HIPAA Notice of Privacy Practices, which are incorporated into these Terms by reference.

9. Prohibited Uses

You may not use our Services to:

10. Disclaimers

Service Availability

We strive to maintain Service availability but do not guarantee uninterrupted access. Services may be temporarily unavailable due to maintenance, updates, or technical issues.

Third-Party Services

Our Services may integrate with third-party services (pharmacies, laboratories, payment processors). We are not responsible for third-party services, products, or content.

No Warranties

SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CADENCE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL CADENCE'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO CADENCE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

12. Indemnification

You agree to indemnify and hold harmless Cadence, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

13. State-Specific Provisions

Minnesota Residents

These Terms are governed by Minnesota law. Minnesota residents have specific rights under state telemedicine regulations and consumer protection laws.

Licensing and Jurisdiction

Our physicians are licensed in the states where they provide services. We only provide services in states where we have appropriately licensed physicians.

14. Governing Law

These Terms are governed by the laws of the State of Minnesota, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in Minnesota.

15. Dispute Resolution

Arbitration Agreement

Any dispute arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the American Arbitration Association's Consumer Arbitration Rules.

Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Disputes must be brought in your individual capacity only.

Exceptions

Notwithstanding the above, either party may seek injunctive relief in court to prevent irreparable harm. Small claims court actions may be brought in your county of residence.

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

Continued use of Services after changes constitutes acceptance of modified Terms.

17. General Provisions

Entire Agreement

These Terms, along with our Privacy Policy and HIPAA Notice, constitute the entire agreement between you and Cadence.

Severability

If any provision is found unenforceable, the remaining provisions will continue in full force.

Waiver

Our failure to enforce any provision shall not constitute a waiver of that provision.

Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

Contact Information

For questions about these Terms of Service:

Cadence Health LLC
Email: support@cadencehealth.com
Phone: [Contact Phone]
Mail: [Address], Minnesota [ZIP]

Acknowledgment and Acceptance

By clicking "I Accept," creating an account, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.