Terms and Conditions

1. Agreement and program roles

Your contract for the website and non-clinical program services is with Dr. Miami Clinic, the legal entity identified on your checkout record and receipt and doing business through the Dr. Miami Clinic Weight Loss Program. “Company,” “we,” “us,” and “our” refer to that entity. The program helps eligible adults access independent healthcare professionals for medical weight-management evaluation and follow-up through MD Integrations and related clinical technology.

Dr. Miami Clinic provides administrative, technology, payment, customer-support, and care-coordination services. Unless expressly identified as your treating provider, Dr. Miami Clinic does not diagnose, prescribe, dispense medication, or control a clinician’s independent medical judgment. Medical services are provided by independent clinicians or medical groups responsible for your care.

2. Eligibility, location, and truthful information

To use the program, you represent and agree that:

• you are at least 18 years old and legally able to enter a binding agreement;
• you are physically located in the United States when receiving medical services;
• services will be provided only if an assigned clinician is licensed or otherwise authorized in the state where you are located;
• all identity, location, contact, payment, and health information you provide is current, complete, and accurate; and
• you will not create an account for another person or allow another person to use your account without lawful authority.

Enrollment, payment, or website availability does not guarantee clinical eligibility, prescription approval, medication availability, insurance coverage, or availability in every state. We or a provider may require identity verification or additional records.

3. Clinical services and prescriptions

All diagnosis, treatment, prescriptions, dose changes, laboratory requirements, and follow-up decisions are made solely by the treating clinician. A clinician may decline, delay, modify, or discontinue treatment when medically appropriate or legally required. Payment never guarantees a prescription or a particular medication, dose, result, or duration of treatment.

Medication is dispensed and sold by independent pharmacies or manufacturer-affiliated fulfillment partners. Medication price, supply, shipping, substitution, and pharmacy terms are controlled by those third parties. Program fees do not include medication, laboratory work, insurance charges, or third-party services unless expressly stated at checkout.

The program is not an emergency service. Call 911 or go to the nearest emergency room for an emergency. Do not rely on website content, email, text messages, or portal messaging for urgent care.

4. Fees, automatic renewal, and payment authorization

The current introductory program fee is displayed before checkout. Unless a different offer is shown and accepted, the subscription is $29.99 for the first monthly billing period and automatically renews at $99 every month until canceled. Taxes or other charges will be disclosed when applicable. Medication and pharmacy charges are separate.

By enrolling, you authorize Stripe and Dr. Miami Clinic to charge the payment method you provide at enrollment and at each renewal. You authorize reasonable retries of a failed payment and agree to keep payment and contact information current. The renewal date is based on the initial purchase date unless changed in accordance with the program.

We may change future subscription pricing or plan features by giving advance notice required by law. A price change will not alter an already completed billing period. If you do not accept a future change, cancel before it takes effect.

5. Money-back guarantee, refunds, and cancellation

30-day introductory guarantee. A first-time subscriber may request a refund of the first Dr. Miami Clinic program fee within 30 calendar days after the initial purchase. The guarantee is limited to one initial program-fee refund per person and does not cover medication, pharmacy, laboratory, shipping, or other third-party charges. Refunding the program fee ends the related subscription and removes any surgery credit attributable to the refunded amount.

After the 30-day introductory period, completed program fees are nonrefundable except where required by law or expressly agreed in writing. A clinical decision not to prescribe, a medication shortage, or a patient’s decision not to complete intake does not by itself entitle the patient to a refund after the applicable guarantee period because administrative and clinical-review services may already have been performed.

You may cancel automatic renewal at any time through the subscription-management link or by contacting support by email. We will provide an online method that is at least as easy to use as the method used to enroll. Cancellation applies to future renewals and does not reverse a charge already completed. Submit cancellation before the renewal date; if a charge is already processing, contact support promptly. Cancellation does not require a provider to continue prescribing and does not replace appropriate medical follow-up.

Contact us before initiating a payment dispute so we can investigate. Nothing in these Terms limits a right to dispute a charge or obtain a refund that cannot lawfully be waived.

6. Surgery-credit program

Eligible, non-refunded amounts paid in connection with the weight-loss program may be recorded as promotional credit toward a future qualifying procedure performed by Dr. Miami only when the amount is identified as eligible under the current written offer or confirmed in the office record. Not every program, medication, pharmacy, laboratory, shipping, or third-party payment qualifies. Surgery credit:

• has no cash value, is not a deposit, and cannot be withdrawn or transferred;
• does not guarantee medical candidacy, scheduling, price, financing, or a surgical result;
• is subject to verification, the patient’s final written surgery quote, applicable maximums, exclusions, and office approval;
• excludes refunded, reversed, disputed, unpaid, fraudulent, or promotional amounts and may be adjusted to correct errors; and
• may not be combined with another offer unless the Dr. Miami office approves the combination in writing.

The final written surgery agreement and invoice control the amount and application of any credit. If you are not a surgical candidate or do not proceed with surgery, accumulated promotional credit is not refundable as cash.

7. Electronic records and communications

You consent to receive program documents, disclosures, receipts, notices, and signatures electronically. You may retain copies and may request a paper copy. You must maintain a working email address, telephone number, and device capable of opening electronic records.

By providing contact information, you agree to receive transactional and care-related calls, emails, and text messages from us, participating providers, and service partners. Message and data rates may apply. Recurring marketing calls and texts using automated technology require the separate optional marketing consent requested at enrollment; agreeing is not a condition of purchase. Reply STOP to opt out of marketing text messages and use an unsubscribe link for marketing email. Opting out may not stop communications required or permitted for safety, care, billing, support, or law.

Standard email and text messages may not be fully secure. Use the designated patient portal for sensitive clinical communications when available.

8. Privacy and health information

Our Privacy Policy explains website and program data practices. Our HIPAA Notice explains permitted uses and disclosures of PHI maintained under that Notice. Treating clinicians or medical groups may provide additional privacy notices. By using the program, you acknowledge receipt of the notices made available to you; acknowledgment does not waive a privacy right or authorize a use that otherwise requires permission.

9. Acceptable use and intellectual property

You may not:

• misrepresent identity, location, symptoms, health history, payment authority, or eligibility;
• seek medication for another person or resell, transfer, or misuse a prescription;
• interfere with security, scrape the service, introduce malicious code, or access another account;
• harass providers, staff, patients, pharmacies, or service partners;
• use the program for an unlawful, fraudulent, or abusive purpose; or
• copy or commercially exploit website content, branding, software, or materials except as expressly permitted.

We may suspend or terminate access for safety, legal, clinical, payment, fraud, or misuse concerns. Termination does not erase payment obligations already incurred or provisions intended to survive.

10. Third-party services and links

The program relies on independent providers, MD Integrations, Stripe, pharmacies, manufacturers, hosting providers, communications vendors, and other third parties. Their services may be governed by separate terms and notices. To the extent permitted by law, we are not responsible for a third party’s independent clinical judgment, product, inventory, shipping, platform availability, or conduct outside our control.

11. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND NON-CLINICAL PROGRAM SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED ACCESS, ERROR-FREE OPERATION, MEDICATION AVAILABILITY, INSURANCE COVERAGE, WEIGHT LOSS, SURGICAL ELIGIBILITY, OR ANY PARTICULAR RESULT.

These disclaimers do not apply to professional duties that a healthcare provider cannot lawfully disclaim or to warranties and rights that cannot lawfully be excluded.

12. Limitation of liability and indemnification

TO THE FULLEST EXTENT PERMITTED BY LAW, DR. MIAMI CLINIC AND ITS NON-CLINICAL AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION ARISING FROM THE WEBSITE OR NON-CLINICAL PROGRAM SERVICES. THEIR TOTAL AGGREGATE LIABILITY FOR SUCH CLAIMS WILL NOT EXCEED THE PROGRAM FEES YOU PAID TO DR. MIAMI CLINIC DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limits do not apply to liability that cannot lawfully be limited, including any applicable liability for gross negligence, willful misconduct, or a treating provider’s non-waivable professional duties.

You agree to indemnify and hold harmless Dr. Miami Clinic and its non-clinical affiliates from third-party claims, losses, and reasonable costs resulting from your unlawful misuse of the program, material misrepresentation, violation of another person’s rights, or breach of these Terms. This obligation does not require you to indemnify a party for its own negligence, professional malpractice, or unlawful conduct.

13. Informal resolution, arbitration, and class-action waiver

Before filing a claim, you and Dr. Miami Clinic agree to give the other a written description of the dispute and 30 days to attempt informal resolution. Send notices to the contact information below with the subject “Legal Dispute Notice.” This requirement does not prevent either party from seeking urgent injunctive relief or filing an eligible claim in small-claims court.

Except for eligible small-claims matters or claims that cannot lawfully be arbitrated, disputes concerning the website, subscription, surgery credit, or non-clinical program services will be resolved by individual binding arbitration administered by the American Arbitration Association under its applicable Consumer Arbitration Rules. The Federal Arbitration Act governs this provision. Arbitration may occur remotely or in Miami-Dade County, Florida, subject to consumer-law venue rights. We will pay fees we are required to pay under those consumer rules. Each party is responsible for its own attorneys’ fees unless applicable law or the arbitrator’s award provides otherwise.

Jury-trial waiver: To the fullest extent permitted by law, you and the Company waive a trial by jury for any dispute covered by arbitration and for any dispute litigated in court after the arbitration opt-out period, except where a jury-trial waiver is prohibited or unenforceable.

Claims must be brought only in an individual capacity and not as a plaintiff or class member in a class, collective, consolidated, mass, or representative action, to the fullest extent permitted by law. If this class waiver is found unenforceable for a particular claim, that claim must proceed in court rather than class arbitration.

30-day arbitration opt-out: You may opt out by emailing the address below within 30 days after first accepting these Terms. Include your full name, account email, and a clear statement that you opt out of arbitration. Opting out will not affect your eligibility for the program.

These dispute terms govern claims against Dr. Miami Clinic concerning its non-clinical services. A separate agreement with a treating provider may govern clinical disputes. The arbitrator may award any individual remedy available in court but may not combine the claims of people who are not parties to the same arbitration.

14. General terms

Florida law governs these Terms, without regard to conflict-of-law principles, except where federal law or a patient’s non-waivable state rights control. If a dispute is not subject to arbitration, the parties consent to the state or federal courts in Miami-Dade County, Florida, subject to legally required consumer venue rights.

These Terms, the documents incorporated by reference, and any offer-specific written terms are the entire agreement concerning the program. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder will continue. A waiver must be in writing and is not a continuing waiver. We may assign these Terms in connection with a reorganization or transfer of the program; you may not assign them without written permission.

We may update these Terms prospectively. Material changes will be posted and communicated as required by law. Continued use after the effective date constitutes acceptance when permitted; if consent is required, we will request it.