Healthogenics Policies

Terms & Conditions

By using our website, you agree to be bound by these terms together with our Privacy Policy or any other policy referred to in these terms and conditions (“Terms“).

Introduction
Your Use of Our Website
Ordering
Delivery
Cancellations
Prices and Payment
Money Back Guarantee
Consent to use Telehealth Services
Consent to Patient Doctor Relationship
Consent to use of Chronic Care Management and Remote Patient Monitoring Services
Consent for access and use of sample and personal information
Confidential information
Consent to use Success Story
Patient’s Bill of Rights
Release of responsibility and permission to treat
Liability
Force Majeure
Intellectual Property
General Information

Our tests and products and this website do not make a medical diagnosis nor is it intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider if you have a medical condition or with any questions you may have regarding a medical condition and/or medical symptoms. Never disregard professional medical advice or delay in seeking it because of something you have read on this website. All probable or possible diagnoses generated by the tests or products, or this website need to be discussed and confirmed with a qualified medical practitioner. We also recommend that anyone changing their diet should consult a registered medical practitioner in the first instance as our test results are not tailored to your specific requirements.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR THE EMERGENCY SERVICES IMMEDIATELY.

Reliance on any information provided by this Website is solely at your own risk. Some of the content on this Website may be provided by third parties and we are not in a position to verify this content. We do not warrant that any such third-party content is true, accurate or complete.

USE OF THIS WEBSITE AND OUR TEST AND RENCE ON ITS CONTENT ARE SOLELY AT YOUR OWN RISK. THIS WEBSITE AND OUR TEST ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

INTRODUCTION

I understand Healthogenics offers a digital healthcare platform and in clinic wellness-focused service that assist its subscribers by facilitating access to GLP-1 medications, laboratory testing services, and Chronic Care Management/Remote Patient Monitoring that are ordered by a licensed physician or other authorized person and performed by a CLIA-certified laboratory or CAM Testing Facility (“Test Laboratory”), enabling subscribers to receive access to a consultation with a provider if medically necessary, review of medication eligibility and insurance coverage, GLP-1 medications (when prescribed), personalized health data and associated reports containing wellness-oriented information, remote monitoring through devices, and consulting with a team of weight loss consultants, dietitians, and nutritionists to develop a personalized weight management program.

I understand that this information is to be used to assist Healthogenics (referred to herein as ‘Healthogenics’), in providing an effective dietary program and online support. Healthogenics and this website do not make any medical diagnosis nor are they intended to be a substitute for medical advice, diagnosis, or treatment. Healthogenics is not a clinical laboratory for medical diagnosing. I understand that my weight loss success may be discussed to other patients or prospects for, but not limited to, encouragement purposes for others. I have been advised that it is important for anyone who has a medical condition, or any questions related to a medical condition and/or medical symptom and wants to lose weight to consult a physician before starting this or any weight loss program. I agree to never disregard professional medical advice or delay in seeking it because of something I read on this website. If I think I am having an emergency, I will call my doctor or emergency services immediately. Reliance on any information provided by Healthogenics and this website is solely at your own risk. If I am taking medication, I understand that a weight loss program can affect my need for medication and my own physician may want to make changes in my treatment or medication. I agree to inform Healthogenics of any changes in my health status, physical condition or medication. I take full responsibility for my actions and do not hold Healthogenics responsible in any way.

If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any tests or products purchased by you from the Website, please contact us by email at support@healthogenics.com or by post using the address given below:

Healthogenics

660 Lanier Park Drive

Gainesville, GA 30501

YOUR USE OF OUR WEBSITE

Please read these Terms carefully and make sure that you understand them before ordering any test or products from our Website. If you don’t wish to be bound by the Terms, please do not use this Website.
These Terms may be changed and updated from time to time and any changes will be effective from the publication of the changes on the Website. Every time you wish to order further tests or products, please check these Terms to ensure you understand the terms which will apply at that time. · We only use your personal information for the purposes detailed in our Privacy Policy. Please notify our customer service team of any changes to that information.
Any content you upload to our Website will be considered non-confidential and non-proprietary. We have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights or of their right to privacy.
You must be at least 18 years old in order to purchase tests from our Website, or ordering products under the supervision, and with the permission of, your parent or guardian.
We may deny you access to the Website at any time in its sole discretion when we believe that your use of the Website is in breach of any of the Terms, any law or the rights of any third party or is not respectful to others.
You must not misuse the Website or introduce any viruses, worms or other material which is harmful to the Website.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site. You agree to be responsible to us for, and indemnify us and keep us indemnified against, all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of the Website.

ORDERING

By placing an order with us you:

Agree that the information you provide when placing an order is true and accurate in all respects;
You will be deemed to have read, understood and agreed to the Terms;
Are making an offer to us to purchase the tests or products detailed in your order on the terms described in your order; · agree that we can use the details in your order in accordance with our Privacy Policy which sets out the terms on which we process any personal data we collect from you;
Will provide a contact phone number so that we can get in touch if there is a problem with your order. You agree that we may pass this number onto our courier to help with the delivery of your order.
We reserve the right to refuse an order (or any alterations requested) in our absolute discretion.
Once you have placed an order for test(s) or products and delivery we will send you a confirmation email that your order has been received. Please check these details carefully and let us know as soon as possible if the details are wrong.
All orders are subject to availability (we reserve the right to change the availability of our products at any time) and to our acceptance of your order.
Your credit/debit card account will be authorized when your order is placed and processed, and you will be charged for the cost of the test(s) at this point. This does not affect your statutory rights.
We accept the following methods of payment:
All major credit and debit cards through our merchant services provider Shopify.

DELIVERY

Upon completion of your order for a test(s) you will be provided a test kit. We cannot be held responsible for the damage, loss or theft of return samples that have not been received by us and so you are advised to send all items to us via the included USPS return shipping label and monitor tracking number. We aim to deliver your test results by email to your chosen email address and via our secure portal within 7 working days of us receiving your test sample.
The delivery times for test results are approximate and cannot be guaranteed.
Blood tests will be provided with a blood collection kit via our chosen postal service provider within 5 working days. This will then need to be carefully completed out and

returned to our testing facility via included USPS shipping return label and envelope. We cannot be held responsible for failure to receive items that are not sent to us via this method. Your results are emailed to your chosen email and via our secure portal within 7 working days of us receiving your sample.

TESTING RESULTS

RESULTS – GENERAL

If you have any health or medical concerns, you must consult with a registered medical practitioner in respect of those.
Our test results are indicative and are not intended as medical advice of any kind and should not be or considered as a diagnosis or used as a basis on which to take medication, without first consulting a registered medical practitioner.
It is essential that anyone considering changing their diet must consult a registered medical practitioner in the first instance.
All possible diagnoses generated by our tests must be discussed and confirmed with a registered medical practitioner.
Our employees will not provide medical advice given that they are not medically qualified. Any advice given by our team should therefore not be construed as medical advice or any diagnosis.
Quality control measures will be taken when assessing each Sample to confirm that our test system is working correctly. A Test Result will not be issued by us unless the quality control measures have passed our defined specifications.
You agree that all validated results generated by our laboratory may vary from results provided by other laboratories, testing methods, sample types, sample collection kits, sample collection methods or dates of sample collection. We will not be held liable for generating contradictory results unless proof of the identical methodology and sampling can be provided.
Food intolerance testing Results will be provided for each item detailed in the product description and categorized into a level or class.
You agree and understand that our tests are not an indication of allergies. We accept no responsibility for any condition or symptoms that you may develop caused by an allergic reaction for this type of testing.

THIRD-PARTY RETAIL PURCHASES

If you have purchased your test or product from a third-party retailer, partner or any other company than directly through our website, you should approach the website/retailer for any refund. Third-party promotional websites may still offer a money-back guarantee, however, if you have not transacted any transfer of money to us you must discuss the matter with the business you purchased the product.

CANCELLATIONS

You understand and agree that Healthogenics (MD Weight Loss Solutions, Inc) is not responsible or liable in any manner whatsoever in your inability to use our products or services including medication and/or shipping charges after checkout and processing of your payment. You agree to the cost at check out and that there may be ongoing subscription monthly charges that are non-refundable unless you submit a cancelation request to support@healthogenics.com before the monthly subscription transaction occurs or pause or cancel your subscription in your Shopify account before the monthly transaction occurs. If deemed ineligible for products, services, or medications by our physician partners, you may be granted a refund minus the cost of services incurred at time of ineligibility. Restrictions apply. Healthogenics in its sole discretion shall make any and all determinations regarding refunds and compliance and such determinations shall be final and binding. You acknowledge our policy of no refunds or returns upon purchase of goods and services.

PRICES AND PAYMENT

All prices quoted on this Website are accurate at the time of publication, are quoted in us dollars and sales tax added where applicable by state laws.
All debit and credit card payments are subject to validation by the card issuer. In the event that your card issuer refuses to authorize your purchase, or delays giving us that authorization, we cannot be liable for any delays caused to the delivery times.
In providing payment card details, you confirm that you are authorized to use the card and authorize us, or our payment service provider, to take payment in full for the items in your order and any associated delivery fees and any other charges that become due to us under these terms and conditions.
We reserve the right to change our prices at any time.
From time to time we will run promotions and offers on selected tests and products (our “Promotional Offers“). All qualifying Promotional Offers will be applied to your order with use of a redemption or coupon discount code.
All of our Promotional Offers:
Cannot be used in conjunction with any other offer;
Are valid for a limited period of time as specified in the marketing communication on the Website, and cannot be used outside of that period.

Money Back Guarantee

Medication Management Program is valid under the following conditions:

Complete Medical Intakes with Physician within 24 hours
Follow treatment medication as directed by physician
Attend all scheduled consultations with physician
Adhere to the prescription food plan
Use medical nutritional supplements as directed
Provide food logs and weight recordings weekly
Complete your Online Weight Loss & Health Course

Healthogenics guarantees that the participating patient will lose between 8-20 lbs of weight during or by the end of the initial thirty (30) days of enrollment of the Healthogenics Rx Weight Management Program. Where the Patient accurately represented eligibility, including accurate account of medical history and BMI, completed physician medical intakes within 24 hours, followed the medical recommendations for medication use, including suggested medication changes and adjustments, as well as the recommend duration of use, attended all scheduled consultations with physician (i.e. did not miss an appointment without notice), followed the prescription food plan, adhering to food plan by using minimum of 2 MNS per day, record and/or update current weight and food logs in the MDI patient portal at least weekly (with the latest weight and food log added to the system no more than 10 days after the prior update), and complete your online weight loss and health course video series, yet fails to lose between 8-20 lbs and follows the Refund and Claims Procedure (as defined below), then such Client shall receive a full refund, minus the used products and services where deemed applicable. Client acknowledges that laser treatments, maintenance program, supplements, vitamins, and other products are nonrefundable once purchased, have left facility and where services have been rendered.

With Healthogenics “Money Back Guarantee,” you may qualify for a refund of your Healthogenics Rx Weight Management Program while meeting the criteria for eligibility, defined below. A refund will account for the medication fees charged minus the cost of medical consultations, shipping, insurance and benefits verification, prior authorization management, and lab work (if applicable).You may be eligible for our money back refund if you have not lost at least 8-20 pounds your first month following the Healthogenics Rx Weight Management Program and you also meet the criteria for our “Money Back Guarantee” described below.

REFUND AND CLAIMS PROCEDURE. To initiate a refund claim, patient must email support@healthogenics.com within 5 business days post the initial 30 days of enrollment. A minimum of four weight logs must be recorded along with 30 daily food logs. If patients’ weight has not decreased by minimum 8 pounds since initial medical intake, and all conditions have been met, then such Client shall receive a full refund, minus the used products and services where deemed applicable. In the event client fails to initiate a refund claim within 5 business days post the initial 30 days of enrollment (refund claims accepted between day 31 – 36 post the initial signature agreement) and a 14-day time lapse period occurs since last patient weight log, client forfeits all refund rights. All refund requests must be submitted via email to support@healthogenics.com

Money Back Guarantee

Healthogenics Weight Management Program is valid under the following conditions

To be eligible for Healthogenics “Money Back Guarantee” you must meet all of the following criteria:

Adhere to the provided menu plans
Provide Food Reports weekly as instructed
Use vitamin and mineral supplements as directed by practitioner
Take the treatment week consecutively by phone or in person
Follow the personalized consulting as instructed

Healthogenics guarantees that the participating patient will lose between 8-20 lbs of weight during or by the end of the initial thirty (30) days of enrollment of the Healthogenics Weight Management Program. Where the client adheres to the prescribed regimen of medication, supplementation, followed the program for a minimum of 30 days from initial date of signed agreement and visit the center each week during the 30 day trial, providing food report, adhering to food plan, using vitamins and supplements as instructed, purchase MNS to ensure success during initial 30 day trial, and follow the personalized counseling as instructed, yet fails to lose between 8-20 lbs, then such Client shall receive a full refund, minus the used products and services where deemed applicable. Client acknowledges that laser treatments, maintenance program, supplements, vitamins, and other products are nonrefundable once purchased, have left facility and where services have been rendered. In addition, MWLS guarantees that the participating client will lose minimum two pounds per week, based on number of weeks completed above, divided by the total pounds lost (ex: 40 lbs lost/20 weeks = 2 lb average loss), where the Client complies with the applicable Service Guarantee Form and Weight Loss program guidelines above, medical advice, prescribed regimen of medication, supplementation, providing food report, adhering to food plan, using vitamins and supplements as instructed, purchase MNS to ensure success during treatment weeks outlined above, and follow the personalized counseling as instructed. If client fails to lose an average of two pounds during such treatment weeks outlined above, divided by the total pounds lost, then such Client shall receive additional service weeks in order to reach desired weight at no additional cost. The number of weeks provided will be determined on the number of pounds needed to lose at the end of the time period outlined above. In the event client does not follow the recommendations as listed above and is in need of additional weeks to complete weight loss goal, the client will need to purchase additional renewal weeks.

REFUND AND CLAIMS PROCEDURE. To initiate a refund claim, client must visit the center in person where initial body composition analysis was performed within 5 business days post the initial 30 days of enrollment and initial signature of agreement, providing staff with all menus, materials, and any of its parts that client received during weight loss program. The staff will perform another body-weight analysis to ascertain client’s current weight. If client’s weight has not decreased by a minimum of 8 lbs since initial weigh in, and all conditions have been met, then such Client shall receive a full refund, minus the used products and services where deemed applicable. In the event client fails to initiate a refund claim within 5 business days post the initial 30 days of enrollment (refund claims accepted between day 31 – 36 post the initial signature agreement) and a 14-day time lapse period occurs since last client visit, client forfeits all refund rights. All Cancellations must be in writing, along with a completed and signed refund request application and submitted with any/all materials describing your weight loss plan, and all applicable trademarks, copyrights and other intellectual property in or to our plan and related materials, and delivered either in person to your center or by certified or registered mail to: Medical Weight Loss by Healthogenics, 660 Lanier Park Drive, Gainesville, GA 30501. Contact your center directly in regard to the refund request application. Upon doctor’s order, client surgery or other medical needs will be taken into consideration, and depending on client needs, program service weeks may be placed on medical hold until client continue services.

CONSENT TO USE TELEHEALTH SERVICES

You may consult electronically with a healthcare provider contracted with or employed by MD Integrations and MediHealth, by enrolling in the program, filling out the applicable enrollment forms and receiving approval from doctor network, client agrees that our software is provided free of charge on behalf of your healthcare provider (“Provider”). If you are a Provider, our software is provided to you subject to these terms and any other agreements entered into between you and Healthogenics Technologies. For patients and Providers, the software is provided in order to: (a) allow patients and Providers to utilize the Services and Devices (b) allow patients and Providers to access the transmitted data and Healthogenics Technologies wireless, mobile, and web-based management systems and technologies. Healthogenics Technologies is not a healthcare provider nor do we provide any healthcare services. We are not a health insurance company and we are not licensed to sell health insurance. We DO NOT provide medical advice. Our services provide an online option for Providers and patients to communicate about medical conditions that are not serious or life threatening and do not present and emergency. This service is not appropriate for all medical conditions or concerns.

Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not a substitute for in person health care in all cases. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by the Medical Groups and Providers through the Platform. You agree that Healthogenics Technologies is a third-party beneficiary of the Patient Consent and has the right to enforce it against you. In some cases, the 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. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the Service. In such a case, you may receive notification stating that you will be unable to use the Service for the particular issue you submitted and providing additional information regarding next steps.

CONSENT TO DOCTOR PATIENT RELATIONSHIP

You may consult electronically with a healthcare provider contracted with or employed by Larisa Bradford, LLC DBA MediHealth. Specifically, Larisa Russell, MD for treatment. This agreement is made and entered into between you, herein after referred to as the “Patient,” and Larisa Russell, MD, herein after referred to as the "Doctor," collectively referred to as the "Parties." The purpose of this agreement is to establish a patient-doctor relationship and to outline the terms and conditions under which medical services will be provided. The Patient acknowledges and understands that the Doctor may provide medical care, advice, and treatment options, while the Patient will actively participate in their own healthcare decisions.

The Doctor agrees to provide the following medical services to the Patient:

- Diagnosis and assessment of medical conditions

- Treatment and management of medical conditions

- Preventive care and health promotion

- Follow-up care as deemed necessary

MUTUAL RESPONSIBILITIES

Patient Responsibilities:

- Provide accurate and complete medical history and information

- Follow the Doctor's instructions and treatment plans

- Communicate openly and honestly regarding symptoms, concerns, and changes in health

Doctor Responsibilities

- Provide competent and ethical medical care

- Explain the diagnosis, treatment options, and risks/benefits

- Address the Patient's questions and concerns to the best of their ability

INFORMED CONSENT

The Patient acknowledges that they have been provided with information regarding the proposed medical treatments, including risks, benefits, and alternatives. The Patient understands the information provided and consents to receive the recommended medical care.

PRIVACY AND CONFIDENTIALITY

The Parties acknowledge the importance of maintaining the privacy and confidentiality of the Patient's medical information in accordance with applicable laws and regulations.

FINNANCIAL ARRANGEMENTS

The Patient agrees to be responsible for payment of medical services rendered, including insurance copayments and any additional fees for services not covered by insurance. The specific financial arrangements will be discussed separately.

TERMINATION OF AGREEMENT

Either the Patient or the Doctor may terminate this Agreement in writing, citing the reasons for termination. In the event of termination, the Doctor will make reasonable efforts to ensure continuity of care and transfer medical records as required.

DISPUTE RESOLUTION

Any disputes or disagreements arising out of or in connection with this Agreement shall be resolved through negotiations or mediation, with the goal of reaching a mutually acceptable resolution.

Consent to use of Chronic Care Management and Remote Patient Monitoring Services

I understand that Healthogenics Technologies offers Chronic Care Management (CCM) and Remote Patient Monitoring (RPM) services to help manage my chronic health condition(s) such as obesity. These services include regular remote monitoring of my health data, frequent telehealth checks ins with my healthcare team, 24/7 access to care support, and personalized care plan development and updates.

Healthogenics Technologies offers insurance concierge services to determine my eligibility for CCM/RPM coverage with my insurance before enrollment. If approved with qualifying insurance for CCM/RPM, I agree to use the provided monitoring devices as instructed, report my health data as scheduled, participate in developing and following my care plan, and inform my healthcare team of any changes in my condition.

I understand the potential benefits include improved management of my chronic condition(s) such as obesity and reduced need for in-person visits. Risks may include technical issues with monitoring devices or potential privacy concerns related to electronic data transmission.
The cost of CCM and RPM services may be billed to your insurance. You may be responsible for copays or deductibles. We make every effort to keep you informed of any out-of-pocket costs with the use of our insurance concierge program. Please contact our billing department for specific information about your costs. You may withdraw at any time by notifying us at support@healthogenics.com
For questions or concerns, please contact: support@healthogenics.com
I have read and understand this consent form. I agree to participate in the CCM and RPM services as described above to help manage my weight and receive maximum benefit from Healthogenics programs.

Consent for access and use of sample and personal information

Healthogenics (“we,” “us” or “our”) offers an online wellness platform that utilizes blood biomarker, saliva, DNA, and/or RNA laboratory testing to provide insight into an individual’s health. These tests can provide insight into an individual’s risks for health-related conditions, including but not limited to, Inflammation, Oxidative Stress, Rheumatoid Arthritis, Prediabetes, Insulin Resistance, Cardiovascular Disease, Hormone balance, and Thyroid-related conditions. This Informed Consent describes our services and reviews the benefits, risks, and limitations to the test recipient, along with an explanation of how the sample, the test results, and relevant personal information will be accessed and used in providing our services.

Once this Informed Consent has been signed, you’ll be able to request the desired laboratory test(s). To request a test, you may be required to provide certain additional information about you and your health. The request and any relevant additional information will be evaluated by a licensed physician or other authorized person and will be ordered if it is determined to be appropriate in the authorized person’s independent professional judgment. A test kit will not be provided until a valid test order from the licensed physician or other authorized person is received. Depending on the particular test requested and ordered, your Healthogenics Test kit may be mailed to the address listed in your user account, or sample collection at a specified location will be arranged. Details of the particular sample collection process are available on the Healthogenics website or will otherwise be provided to you.

For many tests, Healthogenics allows for an at-home sample collection process. Once you receive the Healthogenics Test kit, you will need to follow the enclosed instructions to collect a sample and mail back your sample to the designated Test Laboratory. IF YOU DO NOT COLLECT AND RETURN YOUR SAMPLE IN THE COLLECTION KIT WITHIN SIXTY (60) DAYS OF RECEIPT, THE LABORATORY TEST MAY NOT BE PERFORMED AND YOU WILL NEED TO REORDER A COLLECTION KIT.

For some tests, collection will be arranged at a specified location (e.g., your workplace). Depending on your test selection and other circumstances, you will either collect your own sample in accordance with the instructions provided to you, or trained personnel will collect the sample from you. Your collected sample will then be packed and shipped to the Test Laboratory for analysis.

Healthogenics will send an email to the address provided in your user account letting you know when your Healthogenics Report is available on the Healthogenics Third Party website.
In certain cases, you may be contacted before the provision of the Healthogenics Report to discuss your results. The test results from the Test Laboratory and your Healthogenics Report will only be accessible via your user account unless you authorize your test result to be shared with Healthogenics, in which your authorization will provide a copy of your test result to trained personnel with Healthogenics to review and assign to your chart.

LIMITATIONS OF OUR SERVICES

Healthogenics does not provide any diagnosis, treatment, or medical advice. Healthogenics services are not intended to diagnose a disease or condition or to predict whether you may develop a disease or condition in the future. Always seek the advice of your Health Professional with any questions or concerns you have regarding your health and need for medical treatment or care, and never disregard professional medical advice or delay seeking it because of something you have read in the Healthogenics Report. Reliance on any information in the Healthogenics Report, or any other information provided by Healthogenics or by other users of our services, is solely at your own risk.

Scientific developments occur at a rapid pace, and it is possible that new biomarkers or genotypes will be identified, or new information about the biomarkers or genes we examine will be discovered, after we prepare your Healthogenics Report, which could affect the accuracy and completeness of the health and wellness information we provide. Healthogenics does not warrant the accuracy, completeness, timeliness, or usefulness of your Healthogenics Report and its content or other information or services provided through the Healthogenics website or referenced on the Internet generally. Healthogenics does not warrant the accuracy or completeness of the information and conclusions in the scientific journals and other resources referenced in the Healthogenics Report.

Healthogenics will ensure the Test Laboratory implements several safeguards to avoid technical errors, but there are general risks and limitations of laboratory testing and, as with all laboratory testing, there is a chance of a false positive or a false negative result. Other sources of error include sample mix-up, poor sample quality or contamination, and technical errors in the laboratory. Some biological factors, such as a history of bone marrow transplants or recent blood transfusions, may limit the accuracy of the results or prevent Healthogenics services from being completed. If testing results are inconclusive, you may be asked for an additional sample(s). You hereby acknowledge and agree that Healthogenics does not warrant and is not liable for the accuracy or completeness of the laboratory testing performed by the Test Laboratory.

POSSIBLE BENEFITS

The potential benefits of testing include that the results, along with other information, can help your Health Professional make informed recommendations about your care and behavior. Certain insights may also be helpful in informing your choices about nutrition, diet, and lifestyle upon consultation with your Health Professional. More information about the specific benefits of our services are available on the Healthogenics website.

POSSIBLE RISKS

There are risks presented by using our services including, without limitation, the receipt of information about health that you may prefer not to know, and which may suggest conditions or problems that may be upsetting or even incurable, and you assume those risks by your consent.

Healthogenics encourages you to have a follow-up visit with a Health Professional after reviewing the Healthogenics Report. As a result, you may learn about health conditions and problems or potential health risks that you were not aware of before you utilized our services. You may experience stress, anxiety, emotional or physical discomfort upon learning about potential health problems. There may also be additional risks of utilizing our services that are currently not known or foreseeable.

GLP-1 Medication Risks. I understand I may be prescribed medications depending on my needs for weight reduction. I understand there is an option to lose weight without the use of medication. I understand the risks of taking such medication knowns as Thyroid C- cell Tumor Risk and is contraindicated in patients with medullary thyroid carcinoma (MCT) history or family history, or in patients with multiple endocrine neoplasia syndrome type 2 (MEN2); dose-related and duration -dependent increase in thyroid C-cell tumor incidence observed in rodents, but human relevance unknown; uncertain value of routine serum calcitonin or thyroid ultrasound monitoring. I understand my risk of potential MCT and thyroid tumors (e.g., neck mass, dysphagia, dyspnea, persistent hoarseness) when taking GLP-1 Medications. You may see a delay in your medication dependent on the physician order and the time your medical electronic chart is reviewed. We make every attempt to expedite your shipments of medication overnight, however there are delays outside of our control with physician network, pharmacy fulfillment, and delivery carriers.

Lab Test Risks. The laboratory tests require the collection of a small volume of blood or other appropriate sample (e.g., saliva or a nasal swab). Possible discomfort or other complications can potentially happen during sample collection. Further, collecting a blood sample may involve a risk for excessive bleeding, fainting, feeling light-headed, bruising, hematoma (blood accumulating under the skin), or infection (a slight risk any time the skin is broken). If a subscriber has a history of excessive bleeding or fainting while having blood work done, we advise avoiding self-collection of blood.

As discussed above, incorrect test results are possible. Further, sometimes for technical reasons, results cannot be generated. Another sample may be needed if results are not generated.

USE OF SAMPLE AND DATA

By signing this consent form, you acknowledge that your sample and any data received or created in connection with our services will be stored by Healthogenics or third-party vendors and may be retained for internal research, test validation, quality assurance, product improvement and/or educational purposes by Healthogenics. Your consent allows us to share your data with third-party vendors or publish the results from your data, but any use or disclosure of the sample and any data will be done in an anonymized manner by either encrypting or removing personally identifiable information. You agree that Healthogenics rights to process, store, and use your sample and data described herein can be exercised by Healthogenics parent company, any subsidiaries, affiliates, joint ventures, or other companies under common control that Healthogenics has now or will have in the future, as well as any company that merges with Healthogenics, acquires Healthogenics, or purchases its assets. You can withdraw your permission at any time hereafter. If you do so, your samples and your information in the possession of Healthogenics will be deleted or destroyed. By signing this Informed Consent, you acknowledge that Healthogenics may decide to share your stored sample in an anonymized manner for various research purposes approved by an Institutional Review Board. Healthogenics will do so only if you give us your separate consent which we will ask for through our research consent process.

Confidential Information

The MD Weight Loss Plan and all written materials describing our Plan or any of its parts, and all applicable trademarks, copyrights and other intellectual property in or to our Plan and related materials, are and remain our absolute property. You acknowledge that you are purchasing only a non-exclusive, non-transferable license to use the MD Weight Loss Plan and the related written materials for your own use, and that you have no right to duplicate or to sell, lend or otherwise transfer to any other person, or to make any commercial use of, the Plan or related written materials. I acknowledge that my sessions may be remotely monitored for quality assurance purposes.

Consent to use Success Story

Congratulations on taking the first step to better health. With over 100,000 success stories and over 20 years changing lives, we are honored to help you achieve your personal health goals. Your success inspires so many people to lose weight and get healthy.

We would be honored to feature your success on our weekly Television show, social media, and other publicities. So many lives will be changed because of your personal success story. We kindly ask for your agreement to share your personal success with others.

Whereas, Healthogenics (the “Client”) and Reach Local (the “Agency”), are engaged in a project (the “Ad”), and whereas, I, the undersigned, have agreed to appear in the Ad, and whereas, I understand that my name, image, success story, and health information will be used in advertisements (the content therein and all reproductions thereof, along with the utilization of my name, shall be collectively referred to herein as the “Released Subject Matter”).

I hereby freely and without restraint consent to and give unto the Client and Agency and its agents or assigns or anyone authorized by the Client and Agency, (collectively referred to herein as the ”Releases”) the unrestrained right in perpetuity to own, utilize, or alter the Released Subject Matter, in any manner the Releases may see fit and for any purpose whatsoever, all of the foregoing to be without limitation of any kinds. Without limiting the generality of the foregoing, I hereby authorize the Releases and grant unto them the unrestrained rights to utilize the Released Subject Matter in connection with the advertising, publicity, public displays, social media, and exhibitions. I hereby stipulate that the Released Subject Matter is the property of the Client and Agency to do with, as they will. I hereby waive to the fullest extent that I may lawfully do so, any causes of action in law or equity I may have or may hereafter acquire against the Releases or any of them for libel, slander, invasion of privacy, copyright or trademark violation, right of publicity, or false light arising out of or in connection with the utilization by the Releases or another of the Released Subject Matter. I expressly stipulate that the Releases may utilize the Released Subject Matter or not as they choose in their sole discretion without affecting the validity of this Release.

Patient’s Bill of Rights

The following statement of the rights of clients has been adopted by the American Obesity Association.

Clients have the right to be always treated with dignity and respect.
Clients Patients have the right to know of treatment options and degree of realistic outcomes of various options.
Clients have the right to know that being overweight or obese is a serious disease with known health risks.
Clients have the right to know that obesity is a chronic health disease, requiring personal effort over many years and probably involving lifelong changes in diet, exercise and behavior.
Clients have the right to know that rapid weight loss may cause serious health problems.
Clients have the right to know the anticipated cost and duration of services during the consultation.
Consultants have a duty to maintain currency with obesity research and best practices appropriate to their specific profession.
Consultants have a duty to determine each patient's medical and psychological condition prior to provision of services.
Consultants have a duty to counsel each patient about realistic weight loss goals, the timelines to reach those goals and the diet, exercise and behavioral changes necessary to maintain weight loss and achieve associated health benefits.
Consultants shall always provide for the best interests of the patient and will not recommend or provide products or services which are not reasonably expected to be effective without informing the patient that they are participating in an experimental program and obtaining their informed consent.
Consultants shall inform patients of this Bill of Rights.

RELEASE OF RESPONSIBILITY AND PERMISSION TO TREAT

I hereby grant authority and permission to Healthogenics, provider networks (MD Integrations | MediHealth), and its employees to provide me with wellness services. I acknowledge that I am responsible for my own health, and I release the company and its officers, employees, provider networks and agents from any and all claims, liabilities or damages for personal injuries which I may suffer directly or indirectly resulting from my participation in the program. Certain employees of the company are not health practitioners and cannot be expected to diagnose or to treat individual health problems. All such questions should be addressed by me to my own physician or other qualified health provider before deciding to start, alter, or discontinue any course of clinical treatment or therapy, or for any questions regarding my medical condition, diet, or the use (or frequency) of any mediation or medical device, and I agree to do so. I agree that the services from Healthogenics is not substitute for consulting with my physician or other healthcare provider, and I will not disregard professional medical advice or delay in seeking it because of any information received in connection with Healthogenics. I hereby acknowledge that I have read and understand the above consents, agreements, and acknowledgements and agree to be bound by its provisions.

LIABILITY

We will make every effort to ensure that the information on this Website is accurate and up to date, but we do not give any warranty as to its accuracy or completeness and will not be responsible for any errors or omissions or for the results arising from the use of such information.
We will take all steps possible to ensure that your use of this Website results in a fast and reliable service, but we cannot guarantee that your use of this Website will be interruption or error-free and we will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
We will not be responsible for your use of any other websites which you may access via links within this Website as we do not control these third-party websites and are not responsible for their content. Any such links are provided merely as a service to users of this Website and their inclusion in this Website does not constitute an endorsement by, or affiliation with, us.
We sell our tests and products via the Website for personal use only and therefore will not be liable to you for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this Website or the supply or use of our tests or products.
The limitations of liability in these conditions shall apply equally for the benefit of us and any other associated company of us as if references to us included references to each such associated company.
As far as is lawfully possible, we disclaim all and any warranties (express or implied) in relation to the tests or products we sell.
Our liability for direct loss arising out of the use of our tests or products and this Website is limited to the price of the test or product, except as expressly provided in these Terms or except in relation to liability for death or personal injury, for which no limit applies.
In no event shall we or our suppliers be liable for any, indirect, incidental, special, or consequential damages arising out of or in any way connected with any loss or damage resulting from or arising from any non-availability or use of our tests or products and this Website or of any other website linked to it, or from reliance on the test results or any material or content accessed through it.
Although we use reasonable endeavors to maintain the Website, without limiting the foregoing, we make no representations or warranties about the availability, accuracy, reliability, completeness, currentness, or timeliness of the test, our software, text, graphics, links, or communications provided on or through the use of the Website or any website that may be accessed from it.
We will not be liable to you or be deemed to be in breach of these Terms or any other contract with you, by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the test(s) or products ordered by you, if the delay or failure was due to a third party or due to any cause beyond our reasonable control.
We may assign or transfer any of our rights or subcontract any of our obligations under these Terms to any third party. You may not assign or transfer any of your rights or subcontract any of your obligations under these Terms except with our specific permission in writing.
No person who is not a party to these Terms shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.

Nothing in the Terms:

Is intended to, nor shall, affect any of your statutory rights as a consumer which may not be legally excluded; or
Shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation or where we are not lawfully able to limit our liability.
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your breach of these Terms.

FORCE MAJEURE

We shall not be liable for any failure or delay in performing our obligations under these terms and conditions to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond Healthogenics reasonable control, which by its nature could not be foreseen, or if it could have been foreseen, was unavoidable.
Such events include, but are not limited to, the isolation of our labs, facilities, or critical staff required to perform testing, restriction of movement of deliveries or the closure of international borders.
In the event of a situation deemed ‘Force Majeure,’ we will advise you of a revised reschedule and/or refund policy where the situation is likely to affect the business and our obligations over 30 days.

INTELLECTUAL PROPERTY

The contents of our Website pages (including pictures, designs, logos, photographs, text written and other materials) are our copyright, trademark or registered trademark (or its content and technology providers or their respective owners). You are granted no right to use such intellectual property rights without our express written permission.
You may download the content of our Website for your own personal, non-commercial and private use only.

GENERAL INFORMATION

We will prosecute anyone using a false name or an invalid credit card to order products from our Website.
We may cancel any order you place via our Website if you breach these Terms, fail to provide sufficient information to enable us to process your order, or where we suspect that you are engaging in any fraudulent activity.
The Terms and your use of our Website are governed by English law and you agree to submit to the non-exclusive jurisdiction of Hall County, Georgia.

Last Updated: 9/17/2024

Privacy Policy

This Privacy Policy describes how Healthogenics.com (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

Contact

After reviewing this policy, if you have additional questions, want more information about our privacy practices, or would like to make a complaint, please contact us by e-mail at support@healthogenics.com or by mail using the details provided below:

808 Main Street SW, Gainesville, GA 30506, United States

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information about an identifiable individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.

Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels

Disclosure for a business purpose: shared with our processor Shopify

Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site Order information

Purpose of collection: to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

Source of collection: collected from you.

Disclosure for a business purpose: shared with our processor Shopify

Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.

Customer support information

Purpose of collection: to provide customer support.

Source of collection: collected from you

Disclosure for a business purpose: shared with our processor Shopify

Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.

Text Messaging Policy

Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

If you wish to be removed from receiving future communications, you can opt out by texting STOP.

Minors

The Site is not intended for individuals under the age of 21. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address above to request deletion.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioral Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example: We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/.

You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location) For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

FACEBOOK - https://www.facebook.com/settings/?tab=ads

GOOGLE - https://www.google.com/settings/ads/anonymous

BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: https://optout.aboutads.info/.Using

Using Personal Information

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, and keeping you up to date on new products, services, and offers.

Retention When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

CCPA If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below. If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address above.

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor. We use the following cookies to optimize your experience on our Site and to provide our services.

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device. You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible. Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as:

www.allaboutcookies.org.Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioral Advertising” section above.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Changes

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Complaints

As noted above, if you would like to make a complaint, please contact us by e-mail or by mail using the details provided under “Contact” above. If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority.

HIPAA NOTICE

“We,” “us,” and “our” refers to, and this Notice applies to, medical groups that provide healthcare services. These medical groups, including but not limited to MD Integrations, may employ or contract with physicians who offer certain healthcare services.

Your Rights for Use and Disclosure of your PHI

You have the right to request a copy of your records. You have the right to request confidential communications. Ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address. Restriction request. We reserve the right to decline such requests unless the requested restriction involves disclosure to a health plan and you have paid for the services out of pocket. You have the right to request access for a trusted party. If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information. You have the right to request a list of those with whom we’ve shared information. Ask us for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why. This request has to be presented in writing.

Access to Your PHI.

You can access and inspect paper or electronic copies of certain PHI that we maintain about you. In line with set fees under federal and state law, we may charge you for a copy of your medical records.

Amendments to Your PHI.

You can request amendments, or changes, to certain PHI that we maintain about you that you think may be incorrect or incomplete. All requests for changes must be in writing, signed by you or your representative, and state the reasons for the request. If we decide to make an amendment, we may also notify others who have copies of the information about the change. Note that even if we accept your request, we may not delete any information already documented in your medical record. You can make such requests by contacting support@mdintegrations.com or directly inside your MDI patient portal under the “privacy center” section.

Accounting for Disclosures of Your PHI.

In accordance with applicable law, you can ask for an accounting of certain disclosures made by us of your PHI. This request must be in writing and signed by you or your representative. This does not include disclosures made for purposes of treatment, payment, or health care operations or for certain other limited exceptions.

Restrictions on Use and Disclosure of Your PHI.

You can request restrictions on certain of our uses and disclosures of your PHI for treatment, payment, or health care operations.

Restrictions on Disclosures to Health Plans. You can request a restriction on certain disclosures of your PHI to your health plan. We are only required to honor such requests when services subject to the request are paid in full. Such requests must be made in writing and identify the services to which the restriction will apply.

Confidential Communications. You can request that we communicate with you through alternative means or at alternative locations, and we will accommodate reasonable requests. You must request such confidential communication in writing to each department you would like to accommodate the request.

Breach Notification. We are required to notify you in writing of any breach of your unsecured PHI without unreasonable delay and no later than 60 days after we discover the breach.

Uses and Disclosures

The Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH) set the standard for sensitive patient data protection. We typically use or share your health information in the following ways

To help manage the health care treatment you receive. We can use your health information and share it with medical professionals who are treating you.

The information we collect, why we need it, and how we use it.

Help manage the health care treatment you receive. We can use your health information and share it with medical professionals who are treating you.

Comply with the law and help with public health and safety issues. We will share information about you if state or federal laws require it, including with local health departments and with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.

Our Responsibilities

We are required by law to maintain the privacy and security of your protected health information.

We must follow the duties and privacy practices described in this notice and give you a copy of it.

We will not use or share your information other than as described here unless you tell us in writing. We understand you may change your mind at any time.

We can be reached via email at support@healthogenics.com or by phone at (800) 668-5211

Our partner pharmacy is located at 863 West, 450 South, Suite 201, Springville, UT 84663

Last Updated:06/22/2024

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