Terms of Use

1. Relationship of the Parties

ABC Health & Performance, LLC is an independent business providing marketing, administrative, educational, technology and/or other approved non-clinical services, including fitness, nutrition and lifestyle coaching. ABC Health & Performance is not a medical practice, pharmacy, laboratory or healthcare provider and does not practice medicine or pharmacy. Clinical services made available through this website are provided by appropriately licensed healthcare professionals through separate clinical entities and/or provider relationships supported by SpringTrainingMD. Healthcare professionals exercise independent professional judgment and are solely responsible for determining whether evaluation, testing, treatment or prescription medication is medically appropriate for an individual.

SpringTrainingMD provides the platform and infrastructure supporting access to the clinical ecosystem. Prescription medication, when prescribed, is dispensed and fulfilled by a participating pharmacy, subject to applicable law and pharmacy availability. Ordered laboratory testing is performed by a laboratory. ABC Health & Performance does not diagnose, prescribe, approve anyone for treatment, guarantee a prescription, or direct a provider's medical judgment.

2. Privacy Policy

Your use of the Site is subject to our Privacy Policy, which is incorporated by reference. By using the Site, you consent to our collection, use, and disclosure of information as described in the Privacy Policy.

3. Not Medical Advice

The content provided on the Site is for informational purposes only and is not medical advice.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION.

Use of the Site does not create a provider–patient relationship with ABC Health & Performance. A provider–patient relationship can only be formed between you and a licensed healthcare provider, if and when that provider accepts you for care.

We do not recommend or endorse any specific drug, pharmacy, provider, or course of treatment.

4. Clinical Services and Clinical Independence

Services offered through the Site:

• Are not health insurance.
• Are not a substitute for health insurance.
• May not be submitted for reimbursement to Medicare, Medicaid, or other federal payors.
• Do not guarantee treatment or prescriptions.
• Are subject to provider discretion.

Licensed providers independently determine evaluation, diagnosis, medical necessity, treatment and prescribing. Access to a service does not guarantee treatment or a prescription; a provider may determine that care is not medically appropriate.

Prescription treatment is not guaranteed. Eligibility and treatment decisions are determined by a licensed healthcare provider following an appropriate medical evaluation. Treatment options, medication availability, pricing and eligibility may vary by individual and jurisdiction.

Medical intake, scheduling, provider consultations and clinical communications take place through the SpringTrainingMD-supported clinical platform, starting at abchnp.springtrainingmd.com. If you would like to use a pharmacy of your choosing, let your licensed provider know through that platform before your order is completed.

5. Not for Emergencies

The Site, our coaching services and the client portal are not for medical emergencies and are not monitored in real time. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room.

6. Geographic Availability

Clinical services may not be available in every state. Availability may be limited by provider licensure, state law, pharmacy availability or other requirements. Coaching services may be available where clinical services are not.

7. Payments, Subscriptions and Cancellations

Charges are disclosed to you before you pay and may include separate categories:

• Coaching and program fees (non-clinical) charged by ABC Health & Performance.
• Clinical fees for provider consultations, charged through the clinical platform.
• Medication costs, if a provider prescribes medication, charged by or on behalf of the dispensing pharmacy.
• Laboratory testing costs, if testing is ordered.
• Shipping charges, where applicable.

If you enroll in a recurring plan or subscription, the amount, billing frequency and how to cancel will be shown before you enroll, and you will be billed on that schedule until you cancel. You may cancel future recurring coaching charges by emailing admin@abchealthandperformance.com before your next billing date. Refunds are handled as described in our Returns & Refund Policy. Cancellation of clinical, medication or lab charges is governed by the terms presented on the clinical platform.

8. Important State Notices

The following notices relate to clinical services provided by independent licensed healthcare providers through the SpringTrainingMD-supported platform. ABC Health & Performance does not maintain a medical office or practice.

Florida – Weight Loss Bill of Rights

Pursuant to Florida Statutes §501.0575, consumers are entitled to certain protections regarding weight-loss programs. The Florida Weight Loss Consumer Bill of Rights may be reviewed in full at:

https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/Sections/0501.0575.html

California Notice to Consumers

Medical doctors are licensed and regulated by the Medical Board of California.

Phone: (800) 633-2322
Website: www.mbc.ca.gov

Complaints may be filed online at:
https://www.mbc.ca.gov/Breeze/Complaints.aspx

A Consumer Complaint Form, including instructions for completing it, may be found at:
https://www.mbc.ca.gov/Consumers/Complaints/Submit_By_Mail.aspx

A hard copy Consumer Complaint Form should be submitted to:

The Central Complaint Unit of the Medical Board of California can be contacted by phone at 1-800-633-2322 or 916-263-2382.

Texas

Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation to:

Assistance in filing a complaint is available by calling 1-800-201-9353. For more information, visit www.tmb.state.tx.us.

Texas (Español)

Kansas

It is unlawful for any person who is not licensed under the Kansas Healing Arts Act to open or maintain an office for the practice of the healing arts in this State.

Clinical services offered to Kansas residents are provided under the authority of a person who is licensed to practice the healing arts in Kansas.

Questions and concerns regarding this professional practice may be directed to:

9. Eligibility

You must be 18 years or older to use the Site. By using the Site, you represent that you meet this requirement.

10. Personal, Non-Commercial Use

The Site and Services are intended for personal, non-commercial use only. Use of the Services is voluntary.

You agree that you are responsible for all phone and data charges you incur through the use of the Site.

11. Electronic Communications

When you use the Site or communicate with us electronically, you consent to receive communications electronically, including by email and SMS.

You acknowledge that texting and email are not secure methods of communication and that there may be some risk that the information in the communication(s) could be read by an unauthorized third party.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

12. SMS Communications

By providing your mobile phone number and opting in through our website forms, intake forms, scheduling forms, checkout pages, or other opt-in methods, you agree to receive recurring automated and non-automated text messages from ABC Health & Performance, LLC.

Messages from ABC Health & Performance may include coaching appointment reminders, order confirmations, service notifications and, with your consent, promotional offers. Clinical, prescription and pharmacy messages are sent by your licensed provider, the clinical platform or the dispensing pharmacy, not by ABC Health & Performance.

Message frequency varies. Message and data rates may apply. Consent is not a condition of purchase.

You may opt out at any time by replying STOP. Reply HELP for assistance.

Support: admin@abchealthandperformance.com | (936) 243-9645
Carriers are not liable for delayed or undelivered messages.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service, is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

13. User Conduct

You agree not to:

• Interfere with Site functionality
• Upload malicious code
• Attempt unauthorized access
• Scrape or harvest data
• Impersonate others
• Use automated bots without permission
• Violate any applicable laws

We reserve the right to terminate access for violations.

14. Marketing

We may display advertisements and promote services through the Site, including through banner ads, hyperlinks, and similar marketing devices.

You will only receive marketing communications via email or SMS if you have provided express consent as required by law. You may opt out of marketing communications at any time.

15. Accuracy of Information

We attempt to provide accurate information, but do not guarantee completeness, accuracy, or timeliness.

If pricing errors occur, your sole remedy is to accept corrected pricing or decline the transaction.

WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY, OR CURRENCY OF ANY INFORMATION ON THE SITE OR PROVIDED AS PART OF THE SERVICES. YOU ACKNOWLEDGE THAT WE HAVE NO DUTY OR OBLIGATION TO MAINTAIN THE ACCURACY OF, OR UPDATE ANY SUCH INFORMATION, AND AGREE THAT YOUR RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.

16. Intellectual Property

All content included in, or made available through, the Site, such as text, graphics, logos, designs, data, button icons, images, audio clips, digital downloads, data compilations, specialized content, technical data, documentation, know-how, and software, along with the compilation of such content, is the property of Company or its content suppliers, is protected by United States and international copyright laws, and may be subject to other intellectual property protections, including patent and trademark rights under United States, other national laws, or international law.

All elements of the Site, including without limitation the general design of the Site and the content included therein, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Site may be used only for the intended purpose for which it is being made available.

You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site.

For purposes of these Terms, the use of any such material on any other mobile application, website, or online service is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site.

All custom graphics, icons, logos, design marks and service names are registered trademarks, trademarks or service marks of ABC Health & Performance and its owners. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of ABC Health & Performance.

17. Third-Party Services

You acknowledge and agree that the Services may be provided by third parties. We do not guarantee the quality of the Services or products offered by any third party, including but not limited to any participating pharmacy, any vendor, or any service provider.

Our Site may be provided to you in part as a tool to evaluate pricing and services. The Site and Services do not constitute advice on how to manage your overall prescription drug costs or your health.

18. Links to Other Sites

Our Site may include links to external third-party websites and online services that are not under our control. We are not responsible for the collection, use, and disclosure of your information on those websites and other online services provided by those third parties. We encourage you to review the privacy policies and terms of use of each website and other online service you visit.

The inclusion of links to external third-party websites and online services does not imply endorsement of, or association with, such websites and online services by us, or any warranty of any kind, either express or implied.

19. Security and Safety

Transmission of information over the Internet carries inherent risk. We are not responsible for unauthorized access outside our control.

You understand that submitting information to the Site is at your own risk and that we are not responsible for unauthorized access to or use of any personal or other information. All information uploaded may be stored on your mobile device and you understand that the security and safety of your mobile device is your sole responsibility.

20. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY SERVICES OR CONDUCT OF PROVIDERS OF THIRD PARTY SERVICES.

WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT AVAILABLE THROUGH THE SITE AND SERVICES.

WE DO NOT GUARANTEE OR WARRANT THAT MATERIALS THAT MAY BE DOWNLOADED DO NOT CONTAIN VIRUSES OR OTHER DESTRUCTIVE FEATURES. IF YOU RELY ON THE SITE OR SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR CLAIM RELATED TO THE SITE AND SERVICES IS YOUR STOPPING YOUR USE OF THE SITE AND SERVICES.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

22. Indemnification

YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS Company and its respective officers, directors, employees, and agents from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (a) your violation of applicable laws, (b) your misuse of the Site or Services, and (c) your breach of these Terms.

We reserve the exclusive right to assume the defense and control of any matter subject to indemnification by you (subject to your continuing indemnification).

23. Dispute Resolution & Governing Law

These Terms are to be governed by and construed in accordance with the laws of the State of Texas, exclusive of its choice of law rules and matters affecting copyrights, trademarks, and patents under U.S. federal law.

Any dispute arising out of or relating to these Terms or the Site shall be resolved by binding arbitration in Travis County, Texas, in accordance with the then-current rules and procedures of Judicial Arbitration and Mediation Services, Inc. (JAMS).

You waive participation in class actions.

24. Access or Use Outside the United States

Although the Site may be accessed worldwide, the Site and Services are intended only for use by United States residents and may not comply with legal requirements of foreign countries. Users residing outside of the U.S. and its territories are not permitted to register or to use the Services.

25. Termination; Survival

We reserve the right to disable the Site or specific features or functionality or make them available to anyone for any reason at any time, without notice or liability to you.

Upon termination or cancellation, your rights of participation in the Services automatically terminate and you must immediately stop use of the Site and the Services under these Terms. Any sections of these Terms which by their nature are intended to survive, shall survive termination or cancellation.

26. Severability

If an arbitrator or legal authority determines that any part of these Terms is illegal or unenforceable, then such part will be eliminated, and the remaining Terms will remain in force and effect.

27. Entire Agreement

These Terms and any documents expressly incorporated by reference constitute the entire agreement between Company and you pertaining to your use of the Site and supersede all prior agreements, representations and warranties, both written and oral with respect to the Site.

28. DMCA Notice

In operating the Site, we may act as a “services provider” (as defined by the Digital Millennium Copyright Act, “DMCA”) and offer services as an online provider of materials and links to third party websites.

If you believe any material available via the Site or Services infringes, specifically or generally upon a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. §512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing upon said copyright and will follow the procedures specified in the DMCA to resolve the claim.

Our designated agent to whom you should address infringement notices under the DMCA is: admin@abchealthandperformance.com

29. Contact Information