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Apollo Based Health (DBA: EON Medical + Wellness™)

Last updated: September 25th, 2024

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EON MEDICAL + WELLNESS IS CONTEMPLATED FOR SPECIFIC NON-EMERGENCY MEDICAL CONDITIONS AND CONCERNS. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR YOUR LOCAL MEDICAL PROVIDER.

BY CLICKING “I AGREE,” CHECKING ANY BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE, OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO CREATE AN ACCOUNT OR USE EON MEDICAL + WELLNESS SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS ON YOUR BEHALF.

THIS USER AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION. UNLESS YOU TIMELY OPT-OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US, OR YOU AND THE MEDICAL GROUPS OR PROVIDERS, ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU FURTHER WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

1. INTRODUCTION:

Apollo Based Health and its subsidiaries (collectively, “EON Medical + Wellness,” “we,” or “us”) own and operate the website www.eonmeds.com. Your use of the Sites, any part thereof, or anything associated therewith, including the services, features, content, and applications, together with the Sites, are the Apollo Based Health (“Services”) offered by Apollo Based Health and our affiliated professional entities for whom we coordinate healthcare offerings. Any products or services provided through the Sites or any affiliated website, software, or application owned or operated by Apollo Based Health are governed by these Terms of Service (“Terms” or “Agreement”). By accessing or using any of the Apollo Based Health Services, including those provided by affiliated professional entities, you agree to be bound by this “Agreement”, which is a legally enforceable agreement between Apollo Based Health, our affiliated entities, and you, the individual (“You” or “Your”). Please read this Agreement carefully as it provides the important information you will need to know about using EON Medical + Wellness Service.

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2. ACCEPTANCE OF THE TERMS:

Your use of EON Medical + Wellness is subject to this Agreement and all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with, and/or using the Service or any information or content provided through the Service, except as necessary to review this Agreement. The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service at our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon being posted to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Service.

 

3. OUR RELATIONSHIP WITH YOU:

These Terms of Service apply to your use of any of EON Medical + Wellness for which you are enrolled or have a consultation scheduled, as further described below:

  • Telehealth consultations and services:
    EON Medical + Wellness may include access to one or more professional medical organizations (“Medical Groups” or “Groups”) to provide healthcare services through the Sites. These Groups employ or contract with licensed medical providers (“Providers”) who offer certain healthcare services via EON Medical + Wellness. All medical providers who deliver Healthcare Services through the Sites are: (i) independent professionals contracted or employed with affiliated professional entities that coordinate with EON Medical + Wellness, and (ii) solely responsible for such Healthcare Services you receive.

  • Consultations are provided by a medical Provider licensed in the state where you, the Patient, are located via a HIPAA-secure platform.

  • Provider consultations may provide diagnoses and prescribe medication, if clinically appropriate. Prescriptions can be issued for both controlled and non-controlled substances regulated by the DEA, encompassing both commercially available and compounded medications.

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4. EON Medical + Wellness Membership:

EON Medical + Wellness makes available to individuals who register as users of the Service (“Users”) certain products and services offered by EON Medical + Wellness or third-party medical providers, pharmacies, or other vendors via EON Medical + Wellness service.

  1. If prescribed, medication fulfillment is offered through compounded pharmacies (“Pharmacies”) licensed appropriately to dispense medications to the state jurisdictions served by EON Medical + Wellness.

    • You agree and understand that your prescription(s) may be filled by and transferred between any of the Pharmacies, and you agree that EON Medical + Wellness may take these actions on your behalf. EON Medical + Wellness does not control or interfere with any professional service provided by the Pharmacies, and each is solely responsible for their provision of professional services rendered via EON Medical + Wellness.

    • By accepting this Agreement, you acknowledge and agree that any services you receive from the Pharmacies, Medical Groups, or Providers through the Sites are also subject to this Agreement, and that the Labs, Pharmacies, Medical Groups, and Providers are third-party beneficiaries of this Agreement.

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5. INDEPENDENT MEDICAL JUDGMENT:

EON Medical + Wellness is not licensed to practice medicine and does not provide any healthcare service. EON Medical + Wellness does not control or interfere with the provision of healthcare services provided by medically trained clinicians and their affiliated professional entities, each of whom is independent from EON Medical + Wellness and solely responsible for the healthcare services you receive.

As such, you understand and agree that EON Medical + Wellness is not responsible for any healthcare service provided by a medical provider or affiliated professional entity, including any personal injury or property damage. You further understand and agree that after reviewing your Information, the medical provider, in their independent professional judgment, will determine whether to prescribe medication, other treatments, or alternatively, recommend that you consult with alternative clinical resources.

 

6. PHARMACY SERVICES:

By accepting this Agreement, you additionally understand and agree that EON Medical + Wellness is not acting as a pharmacy, nor do we control or interfere with any such services. By accepting this Agreement, you understand and agree that you may be entering into a relationship with a pharmacy, pharmacist, and/or pharmacy group or other such relationship with one or more such third-party entities.

 

7. ELECTRONIC COMMUNICATIONS:

When you enroll and use EON Medical + Wellness Service, you are consenting to conduct business electronically with EON Medical + Wellness and engage in health-oriented activities with medical providers and professional entities affiliated with EON Medical + Wellness. Such processes have the same force and effect as your written signature.

You agree and consent to EON Medical + Wellness, its affiliates, subsidiaries, and other affiliated professional entities sending you disclosures, messages, notices, and other communications to your designated mobile phone and email account. You understand and agree that EON Medical + Wellness Service is not responsible for the security or privacy of the communication services you use to receive the aforementioned messages and emails. You further understand and agree that it is your sole responsibility to monitor and respond to these messages and emails and that neither EON Medical + Wellness nor the Medical Group or any Provider will be liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group or your Provider(s).

If you do not agree with any of these Terms or our Privacy Policy, you may not use the Sites or EON Medical + Wellness Service.

 

8. LABORATORY PRODUCTS AND SERVICES:

Laboratory products and services available from EON Medical + Wellness Service, including at-home testing kits, require a valid prescription or order by a licensed healthcare provider. If you receive laboratory products or services through EON Medical + Wellness, the applicable testing materials are shipped to you, and the costs associated with the laboratory products and services are included in the total charged to you by EON Medical + Wellness Service. Laboratory products and services available through the Platform are “Third-Party Goods and Services” as described in the Third-Party Goods and Services section of this Agreement.

 

9. THIRD-PARTY GOODS AND SERVICES:

Labs, Third-Party Pharmacies, Medical Groups, and Providers (collectively, “Third-Parties”) may provide services or products (“Third-Party Goods and Services”) through EON Medical + Wellness Service. Your use of any Third-Party Goods and Services and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such use or interactions, are solely between you and such Third-Parties.

Should any dispute arise between you and any Third-Party, any other User, or any other entity or individual, you understand and agree that EON Medical + Wellness is under no obligation to become involved in such a dispute, and you hereby release and indemnify EON Medical + Wellness, and their respective corporate parents, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “EON Medical + Wellness Parties”) from any and all claims, demands, or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein.

 

10. MODIFICATION AND TERMINATION OF RIGHTS:

EON Medical + Wellness Service may suspend or terminate any of the rights granted by these Terms and your access to EON Medical + Wellness Service with or without prior notice, at any time, and for any reason, including, but not limited to, a belief that your conduct or your use of EON Medical + Wellness Service violates applicable laws or is harmful to the interests of EON Medical + Wellness, its affiliated professionals, or any other users.

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11. ELIGIBILITY:

In order to use EON Medical + Wellness Service via the Sites, the following must be true:

  • You are at least 18 years of age.

  • You live in the United States and in a state or territory where the Services are available.

  • You agree to be legally bound by and comply with these Terms of Service.

  • You have compatible computing or mobile devices, access to the Internet, and certain necessary software to use the Sites. Fees and charges may apply to your use of the mobile services and the Internet.

You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the Sites. In addition to the above requirements, EON Medical + Wellness and its affiliated professional entities reserve the right to change or include new requirements, as deemed appropriate in their sole discretion, without providing prior notice to you. Further, medical providers and affiliated professional entities delivering the Healthcare Services may, on a case-by-case basis, determine that certain criteria apply to utilizing EON Medical + Wellness Service for healthcare or that healthcare services are not appropriate in any instance for a particular user.

 

12. AVAILABILITY:

EON Medical + Wellness Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements. EON Medical + Wellness Services are currently available to eligible individuals located in certain states. For a list of the states where EON Medical + Wellness Service is currently available, please click here.

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13. REGISTRATION, USER ACCOUNTS, AND USER DATA:

You must provide accurate and complete registration information whenever you register to enroll in EON Medical + Wellness Service. It is your responsibility to provide a true, accurate, and complete email address, physical mailing address, and other information related to the service you request, and to maintain and promptly update any and all changes to this information. EON Medical + Wellness Service is available only to users who have registered and enrolled through www.eonmeds.com and to other persons affiliated with EON Medical + Wellness who have been granted accounts with usernames and passwords. The Sites may not be accessible at all times or for any period, and EON Medical + Wellness will not be liable if, for any reason, all or any part of the Sites are unavailable.

Upon registration of an account, the Sites may contain fields that allow you to enter and transmit your user information or data (“User Data”) through the Sites. You understand and agree that any User Data provided by you may be used, copied, or displayed by EON Medical + Wellness. EON Medical + Wellness may create derivative works of any such data and provide such data to our service providers, successors, assigns, medical providers, and their affiliated professional entities for the purposes of performing the Services.

You grant EON Medical + Wellness, our service providers, successors, assigns, and medical providers and their affiliated professional entities, the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any User Data you submit on or through the Sites for the purposes of providing the Services to you, conducting research or analyses, and designing, developing, implementing, modifying, and/or improving new, current, or future features, products, and services of EON Medical + Wellness Service using such data.

 

14. YOUR PROTECTED HEALTH INFORMATION OR “PHI”:

You understand and agree that the Sites are intended to facilitate EON Medical + Wellness Service by assisting with:

  1. The development and gathering of healthcare records and information with retention of the same for use in medical provider encounters and communications.

  2. Administrative support in connection with scheduling and payment for Healthcare Services.

  3. Administrative support in connection with coordinating fulfillment and payment for prescription medications ordered or prescribed by medical providers performing Healthcare Services.

  4. Telecommunications and technology support for using the Sites as a means of direct access to medical providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by such medical providers.

Although EON Medical + Wellness may not always be considered a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (HIPAA), you understand that EON Medical + Wellness gathers unique information from you to enable a medical provider to determine whether a prescription or a diagnostic test is indicated and appropriate for you. This may include your past and present health conditions, medications, personal information, and more (collectively, “Your Information”). This information may constitute medical information that is protected under applicable laws.

As such, you give your consent to EON Medical + Wellness to send and disclose Your Information to affiliated professional entities and their medical providers to provide you with the EON Medical + Wellness Services. Furthermore, you consent to the delivery of Your Information to affiliated and unaffiliated pharmacies, laboratories, and other diagnostic testing companies as part of the coordination of fulfillment and payment for diagnostic testing, prescription medications, and medical services recommended as part of the Healthcare Services.

Certain entities, such as the Medical Groups and Providers, may adopt a Notice of Privacy Practices that describes how they use and disclose Protected Health Information. By accessing or using any part of the Service, you are acknowledging receipt of the Notice of Privacy Practices from your Medical Group and Provider(s).

By using the Service, you further agree that, if HIPAA applies to EON Medical + Wellness, the Medical Groups, the Providers, the Labs, or the Pharmacies, any information submitted to those entities is subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.

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15. TERMS OF SALE:

All products offered for sale through EON Medical + Wellness Service are subject to availability, and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time.

You are responsible for any applicable sales, use, duty, customs, or other governmental taxes, levies, or fees (“Taxes”) due with respect to your purchase of products or services through EON Medical + Wellness Service.

By entering your payment information and submitting your request, you authorize EON Medical + Wellness, our affiliates, or our third-party payment processors to charge the amount due.

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16. YOUR RESPONSIBILITIES AND ACKNOWLEDGEMENT:

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. EON Medical + Wellness Service shall not be liable for any loss or damage arising from your failure to comply with this Agreement.

Your use of EON Medical + Wellness Services must comply with all applicable laws, regulations, and ordinances. You must ensure that all information you provide through the Sites is accurate and complete.

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17. RESTRICTIONS ON USE:

In using EON Medical + Wellness Service, you agree not to:

  • Transmit any unlawful, harmful, defamatory, or otherwise objectionable material.

  • Misrepresent your identity or affiliation.

  • Reverse engineer or decompile any portion of EON Medical + Wellness Service.

  • Access EON Medical + Wellness in a way that violates these Terms, applicable laws, or infringes third-party rights.

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18. LICENSING:

Subject to your compliance with these Terms, EON Medical + Wellness grants you a personal, limited, revocable, nonexclusive, and non-transferable license to view, access, and use EON Medical + Wellness Service and its content, solely for your personal and non-commercial use. No other right, title, or interest in EON Medical + Wellness Service is transferred to you, and all rights not expressly granted are reserved by EON Medical + Wellness and its licensors. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, in whole or in part, any such content for commercial use.

 

19. LIMITED HEALTHCARE SERVICES:

Although you may receive a medical consultation and/or prescription through EON Medical + Wellness Service, EON Medical + Wellness does not offer medical advice. Creating an account on the www.eonmedicalcenter.com website does not create any patient-provider relationship. The Platform is structured for use specific to certain healthcare services and is not, and should not, be considered comprehensive medical advice, care, diagnosis, or treatment. In some cases, the EON Medical + Wellness Service may not be the most appropriate way for you to provide information to, communicate with, or seek medical care and treatment from a healthcare provider.

The Platform should not be used during a medical emergency. If you choose to discontinue your EON Medical + Wellness membership, you are strongly encouraged to follow up with your primary care provider or another qualified healthcare provider.

EON Medical + Wellness IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, OR ANY OTHER INFORMATION, SERVICES, OR PRODUCTS THAT YOU MAY OBTAIN THROUGH AFFILIATED PROFESSIONALS OR THEIR PROFESSIONAL ENTITIES.

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20. TELEHEALTH CONSENT:

Telehealth uses electronic communications, information technology, and other means to connect patients in one location with licensed, certified, or registered healthcare professionals in another location regarding a clinical matter. Telehealth carries potential benefits, but it also carries potential risks, just like any medical procedure. Please review the full “Telehealth Informed Consent” which informs you about the treatment methods, risks, and limitations of utilizing telehealth to meet your health and wellness needs.

In order to receive Healthcare Services, you will be required to agree to the Telehealth Informed Consent regarding the use of telehealth. By using the Healthcare Services facilitated and coordinated through EON Medical + Wellness Service, you agree and acknowledge that EON Medical + Wellness is a beneficiary of the Medical Consent and has the right to enforce it.

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21. PAYMENTS:

You understand and agree that you are responsible for all fees due to receive EON Medical + Wellness Service, including any fees charged by medical providers and affiliated medical professional entities. When you submit your Information for Healthcare Services, you are agreeing to pay all fees due.

Furthermore, EON Medical + Wellness and EON Medical + Wellness Service cannot accept returns of prescription products for reuse or resale, and all sales are final. If you believe we have made an error in assisting with the filling of your prescription, please message us at support@eonmedicalcenter.com or call 813-696-3459.

You understand that EON Medical + Wellness's affiliated medical professional entities are not contracted healthcare providers with any health insurance plans (commercial, government, or otherwise; i.e., “out-of-network” providers). You are solely responsible for paying all fees due for the Healthcare Services provided to you, including fees charged by the medical providers and affiliated medical professional entities.

In the event that your credit card expires or EON Medical + Wellness, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice requesting an alternative payment method. EON Medical + Wellness Service and the medical providers have no obligation to provide any Healthcare Services unless and until full payment has been received and verified.

By agreeing to use the Service, you agree that neither you, EON Medical + Wellness, the Labs, Pharmacies, Medical Groups, nor Providers will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Service.

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22. SUBSCRIPTION PRODUCTS AND SERVICES:

Products and services available for purchase through EON Medical + Wellness Service may require that you purchase the product or service on an automatically renewing subscription basis. Amounts to be charged are dependent on the particular membership in which you enrolled.

For subscription-based products and services, your payment method will be automatically charged at regular intervals as described for that product or service until you cancel your subscription. EON Medical + Wellness Service may, but is not required to, perform outreach from time to time to request updates to your information and to facilitate ongoing subscriptions.

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23. CANCELLATIONS AND REFUNDS:

  • A. Initial Cancellation:
    If for any reason, you decide to cancel your membership subscription within 30 days from your initial enrollment, you are eligible for a full refund of your first month’s fee, and you will lose access to your membership immediately. Initial enrollment is defined as the first time an individual signs up to receive EON Medical + Wellness Service.

  • B. After 30 Days:
    If you cancel your subscription after 30 days from your initial enrollment, you are not eligible for a refund, but you will retain access to EON Medical + Wellness Service for the remainder of your paid month.

  1. If you cancel your subscription while having an active prescription on file, you are eligible to reactivate your membership by paying an amount equal to one month’s fee of your previous plan.

  2. The reactivation fee and the new subscription fee will be charged simultaneously.

You may cancel a subscription at any time by emailing support@eonmedicalcenter.com or by calling 813-696-3459. Cancellation will take effect at the end of the current subscription period. Your subscription will automatically renew for another subscription period unless you cancel at least 30 days before the applicable renewal processing date of your subscription.

EON Medical + Wellness Service reserves the right to provide refunds outside of this Agreement on a case-by-case basis in our sole and absolute discretion. We may also offer you the ability to pause your subscription for a specified period of time.

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24. PRESCRIPTION PRODUCTS:

Certain products available through EON Medical + Wellness Service require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with a medical Provider, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.

If a Provider determines a prescription product is appropriate for you and writes a prescription, the dispensing and mailing of your prescription will be coordinated by EON Medical + Wellness Service and an appropriate pharmacy. You have the option to have the prescription filled by a pharmacy of your choice; however, you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product, and the price of your medication may differ from that offered through EON Medical + Wellness Service.

Please use caution when receiving your prescription, as not all prescriptions fulfilled by the Pharmacies use child-resistant packaging, and your prescription product may not be dispensed in a child-resistant container.

Prescription products available through the Platform are “Third-Party Goods and Services” as described in the Third-Party Goods and Services section of this Agreement.

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25. PRIVACY:

EON Medical + Wellness understands the importance of confidentiality and privacy regarding your personal information. Please see our Notice of Privacy Practices and our Privacy Policy for a description of how we may collect, use, and disclose your information in connection with EON Medical + Wellness Service.

 

26. INTELLECTUAL PROPERTY:

EON Medical + Wellness Service is owned by EON Medical + Wellness. We grant you, for your personal purposes only, a nonexclusive, limited, and revocable right to access and use EON Medical + Wellness Service during each paid subscription term in which you are enrolled, so long as you comply with the terms of this Agreement. You agree not to use EON Medical + Wellness Service for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of EON Medical + Wellness Service without our prior written consent.

All materials available through EON Medical + Wellness Service may be accessed, downloaded, or printed for personal, noncommercial use and solely within the scope allowable by this Agreement. No other use of these materials is permitted without express written permission from EON Medical + Wellness. Any unauthorized use of content from EON Medical + Wellness Service may violate copyright laws, trademark laws, privacy laws, and other legal statutes.

 

EON Medical + Wellness Service may contain proprietary notices and copyright information, the terms of which you must observe and follow. As between EON Medical + Wellness and you, EON Medical + Wellness is the sole and exclusive owner of all right, title, and interest in EON Medical + Wellness Service and its content, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement, and "look and feel"), and all intellectual property rights therein.

Certain names, logos, and other materials displayed in and throughout the Platform may constitute trademarks, trade names, service marks, or logos ("Trademarks") of EON Medical + Wellness or its affiliates and subsidiaries. You are not authorized to use any such Trademarks without the express written permission of EON Medical + Wellness or its affiliates.

 

27. THIRD-PARTY LINKS AND WEBSITES:

EON Medical + Wellness Service may contain third-party-owned content and hypertext links to third-party-owned websites ("Linked Sites"). These links are provided as a convenience, and EON Medical + Wellness has no control over third-party-owned websites or content referenced, accessed by, or available through EON Medical + Wellness Service.

We do not endorse, sponsor, recommend, or otherwise accept any responsibility for third-party websites or content. EON Medical + Wellness is not liable for any content, errors, damage, or loss caused by or in connection with your use of third-party websites. Your use of these Linked Sites is at your own risk, and EON Medical + Wellness assumes no liability for any damages or disputes arising from the use of third-party services or websites.

 

28. DISCLAIMER OF WARRANTIES:

The service is provided on an "AS IS" or "AS AVAILABLE" basis, without warranty of any kind, express or implied. Any access to or use of the service is voluntary and at the sole risk of the user.

EON Medical + Wellness, to the fullest extent permitted by law, disclaims all warranties and conditions of any kind, either express or implied, statutory or otherwise, including, without limitation, the implied warranties of merchantability, non-infringement of third-party rights, satisfactory quality, and fitness for a particular purpose with regard to the service. EON Medical + Wellness does not warrant that the service will function without delays, disruptions, viruses, malware, or adverse incidents.

 

29. LIMITATION OF LIABILITY:

To the fullest extent permitted by applicable law, EON Medical + Wellness shall not be liable to you for any incidental, indirect, special, exemplary, or consequential damages, personal or bodily injury, emotional distress, or wrongful death, loss of data, lost profits, or damages resulting from the use of or inability to use the service, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not EON Medical + Wellness has been advised of the possibility of such damages.

In no event shall EON Medical + Wellness's liability exceed the actual damages incurred by you, not to exceed U.S. $1,000.

 

30. NOTICE:

Any notices to you from EON Medical + Wellness regarding the Service or this Agreement may be made by email, a posted notice on the Service, or regular mail, in the sole discretion of EON Medical + Wellness.

 

31. INDEMNIFICATION:

You agree to defend, indemnify, and hold harmless EON Medical + Wellness, its affiliates, clients, suppliers, and any third-parties offering products or services through the service, including the Medical Groups, Providers, Labs, and Pharmacies, and their respective officers, directors, agents, employees, and representatives from and against any and all claims, damages, liabilities, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the service, violation of law, or willful misconduct, or breach of this Agreement.

 

32. MODIFICATIONS TO THE SITES:

EON Medical + Wellness reserves the right at any time and for any reason to modify, suspend, or terminate EON Medical + Wellness Service, or any portion thereof, without prior notice. This may include deletion of your information, files, and other previously available content. If EON Medical + Wellness terminates your access to the Sites, the following provisions will survive: Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law, Dispute Resolution, Arbitration.

You agree that EON Medical + Wellness shall not be liable to you or any third-party for any modification, suspension, or discontinuance of the Service or the Sites.

 

33. SUSPENSION AND TERMINATION OF RIGHTS:

These Terms remain in full force and effect as long as you continue to access or use EON Medical + Wellness Service. You may terminate these Terms at any time by discontinuing use of EON Medical + Wellness Service and the Sites. Your permission to use EON Medical + Wellness Service and the Sites automatically terminates if you violate these Terms.

EON Medical + Wellness may suspend or terminate any rights granted by these Terms and your access to the Sites, with or without notice, at any time and for any reason. Upon termination, EON Medical + Wellness reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Sites, pursuant to its internal record retention or content destruction policies.

 

34. GOVERNING LAW, DISPUTE RESOLUTION, ARBITRATION:

This Agreement and the resolution of any and all disputes related to this Agreement shall be governed by the laws of the State of Florida. Any dispute between EON Medical + Wellness and you related to this Agreement shall be resolved exclusively by the state and federal courts of Florida.

EON Medical + Wellness Service can be accessed from the United States. Those who choose to access the Service from outside of the United States do so at their own risk and are responsible for compliance with local laws.

YOU AND WE EXPRESSLY AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION THROUGH THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), RATHER THAN IN COURT.

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35. ARBITRATION AGREEMENT:

In the event a dispute arises, we are committed to working with you to reach a reasonable resolution. You and we agree that good faith informal efforts to resolve disputes can result in a prompt, low-cost, and mutually beneficial outcome. You and we therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court, if applicable), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any dispute covered by this Arbitration Agreement.

The party initiating a dispute must give notice to the other party in writing of its intent to initiate an informal dispute resolution conference (“Notice”), which shall occur within 45 days after the other party receives such notice unless an extension is mutually agreed upon by the parties. Notice to us that you intend to initiate an informal dispute resolution conference should be sent by email to support@eonmedicalcenter.com or by mail to EON Medical + Wellness, 401 E Jacksons St  #2340K23 , Tampa, FL 33602.

The arbitration will be governed by the AAA’s Consumer Arbitration Rules. The arbitration shall be conducted in Tampa, FL. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.

If you wish to opt out of the arbitration agreement, you must send a written opt-out notice within 30 days of agreeing to these Terms to the following address: EON Medical + Wellness, 200 Frandorson Cir #203, Apollo Beach, FL 33572, ATTN: Arbitration Opt-Out.

Notwithstanding the above, if the dispute involves intellectual property rights or a violation of the Computer Fraud and Abuse Act, either you or we may seek injunctive remedies in a state or federal court in Tampa, FL, without going through arbitration.

 

36. COPYRIGHT INFRINGEMENT:

EON Medical + Wellness reserves the right to remove any content or other materials on the Sites at any time. We comply with the provisions of the Digital Millennium Copyright Act (DMCA) and respond to clear notices of alleged copyright infringement.

If you believe your copyrighted work has been used on the Sites in a way that constitutes copyright infringement, you may provide a written notification of claimed infringement to EON Medical + Wellness at support@eonmedicalcenter.com, including:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work that is claimed to be infringed;

  3. Identification of the material that is claimed to be infringing and where it is located on the Sites;

  4. Contact information such as address, phone number, and email address;

  5. A statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

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37. SEVERABILITY OF PROVISIONS:

If any part of this Agreement is found to be invalid or unenforceable, then the unenforceable part will be replaced with terms that most closely match the intent of the original part to the extent permitted by law. The remaining provisions will continue to be valid and enforceable.

 

38. THIRD-PARTY BENEFICIARIES:

Any use of third-party software provided in connection with EON Medical + Wellness Service, or any third-party goods and services accessed or used in connection with the Service, will be governed by the applicable third-party’s license or terms of use.

Except as specifically set forth in this Agreement, there is no intent to create or establish third-party beneficiary status rights in any subcontractor or third-party. Only EON Medical + Wellness, the Medical Groups, Providers, Labs, and Pharmacies are considered third-party beneficiaries of this Agreement.

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39. NO AGENCY:

This Agreement does not create any agency, partnership, or joint venture between you and EON Medical + Wellness. You may not enter into any contract on behalf of EON Medical + Wellness or bind us in any way.

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40. ASSIGNMENT:

You may not assign any of your rights under this Agreement. Any attempt to assign without permission will be null and void. EON Medical + Wellness may assign or transfer this Agreement or any of its rights and obligations without your consent, including to any affiliate or in the event that EON Medical + Wellness merges with or sells its assets to a third-party.

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41. CONTACT INFORMATION:

If you have any questions or concerns about this Agreement, please contact us by email at support@eonmedicalcenter.com or by mail at:

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EON Medical + Wellness
401 E Jackson St Ste. 2340K23
Tampa, FL 33602

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