myEliteHealth.com (the “Site”) is a website that offers online health care information and services (the "Services") provided by EliteHealth.MD, LLC, its affiliates or organizations, successors, assigns or licensees, together with any of their respective officers, directors and employees (“EliteHealth”). Use of the Site and its Services is governed by the terms and conditions of this agreement (“Terms and Conditions” or “Agreement”). Throughout this Agreement, EliteHealth is referred to as “we” or “us.” Individuals accessing the Site and its Services shall be referred to as “You” or “User(s)”.
Please read this Agreement carefully before accessing the Site or using the Services.
General Terms and Conditions
All Users must be 18 years of age or older.
By accepting the Terms and Conditions, You warrant that You have fully read and understood the Terms and Conditions without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment.
Your access and use of the Site and the Services bind You to this Agreement. If You do not agree to the Terms and Conditions for the Site and the Services, You may not use the Site or the Services.
We may modify the Terms and Conditions at any time. Any modifications made will be effective immediately upon posting on the Site. You agree to review the Terms and Conditions posted on the Site each time You access the Site and/or use the Services so that You are aware of any modifications made to the Terms and Conditions.
THE SERVICES AND ANY INFORMATION CONTAINED ON THE SITE OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. WE WILL REGARD ALL ACCESS TO AND USE OF THIS SITE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
This Site and its Services provide access to a database of medical information with a higher level of specificity than usually found online. We advise Users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something You have read on this Site. If You have or suspect that You have a medical problem or condition, please contact a qualified health care professional immediately. If You are experiencing an emergency, please dial 911 or call for emergency medical help on the nearest telephone. Nothing contained in the Site is or should be considered, or used as a substitute for, individual medical advice, diagnosis or treatment. The Services provided on this Site are here to educate consumers on health care and medical issues that may affect their daily lives. This Site and its Services are not intended to be used to:
Treat a medical emergency or acute medical condition, provide a final diagnosis and initiate a treatment plan, or issue medication by prescription; or,
Advise or resolve medical issues outside the scope of what has been agreed to or provided.
WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. We do not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of our control.
You agree that EliteHealth does not constitute a service that targets any one community, user group, business or industry. EliteHealth is not "doing business" in any specific jurisdiction or soliciting business or establishing "minimum contacts" with any jurisdiction outside of the State of Florida.
We do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise that is not clearly identified as information, products, services or merchandise supplied by us. We also do not warrant or guarantee that files available for downloading through the Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
We, and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of this Site are responsible for maintaining a means external to EliteHealth for the reconstruction of any lost data.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or its Services, or any part thereof, with or without notice.
Warranties and Limitation of Liability
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES OR ON THE SITE GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
ELITEHEALTH IS NOT LIABLE TO ANY USER, OR ANY THIRD PARTY, FOR ANY DECISION MADE OR ACTION TAKEN BY, ANY USER, OR ANYONE ELSE:
BASED ON INFORMATION CONTAINED ON THE SITE OR PROVIDED THROUGH THE SERVICES; OR,
DUE TO RELIANCE UPON INFORMATION CONTAINED ON THE SITE OR PROVIDED THROUGH THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE AND ANY OF ITS CONTENT, MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children, or anyone under the age of 18. We do not knowingly collect personally identifiable information from any person who is a child under the age of 18.
Users' Agreement, Postings and User Submissions
By registering to use this Site, Users will create a personal profile account and may have access to the posting feature. By posting any comments or other material on this Site (the “Posting”), You give EliteHealth the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use your submission for any purpose, in any form, and on any media without consideration. By submitting communications or content to the public areas, You agree that such Posting is non-confidential for all purposes. You also agree that:
You will maintain the security of all user identification, password and other confidential information relating to the use of your account.
You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.
You will not use this Site or its Services for any purpose in violation of local, state, national or international laws.
You will not use this Site or its Services as a means to distribute advertising or other unsolicited material to any third party.
You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion.
You will not impersonate another person or create any false account information or health record for yourself or any other person.
You will not post advertisements or solicitations of business.
You will not post chain letters or pyramid schemes.
You will not allow any other person or entity to use your identification for posting or viewing comments.
You will not post the same note more than once or post "spam" or use this Site to create any nuisance.
You will not hold us, or any of our affiliates, liable for damages including (but not limited to) loss of wages, revenue or business because of any Services related to or provided by this Site.
You will indemnify us and any of our affiliates or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to use of the Services, or any breach or violation of this Agreement or any other term or condition contained on the Site.
You will not submit any media that contains your personally identifiable information (like name, phone number, email address or web site URL) or that of anyone else except as otherwise requested by us.
You will not upload any media on the Site without the express, written permission from all persons appearing in your media for You to make this contribution and grant rights described herein.
You will not upload media of any kind that contain expressions of hate, abuse, offensive images of conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions.
You will not upload any media that contains software viruses or any other computer code, files or programs designated to interrupt, destroy or limit the functionality of any computer software or this Site.
You agree to comply with all user responsibilities and obligations as stated in these Terms and Conditions.
EliteHealth reserves the right, but is not obligated, to:
Remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform to these terms and Conditions; Terminate your access to the Site or any feature on the Site upon any breach of these Terms and Conditions; and Edit or delete any communications posted on the Site, regardless of whether such communications violate these standards.
By uploading any media, including, but not limited to, a photo or video, (a) You grant EliteHealth a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) You certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes EliteHealth to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) You agree that You will indemnify EliteHealth against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to any media You have posted.
You agree that You are solely responsible for anything You post on the Site and that You will defend, indemnify, and hold EliteHealth, its officers, directors, affiliates, 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 violation of these Terms and Conditions or any claims based upon your Postings on the Site or use of the Services.
When deciding to take advice and/or hire any professional, You should do your own independent research as to the accuracy of the credentials expressed in the content, provided in the professional’s public profile or part of any other material found on the Site or the Services.
User Account, Password, and Security
You will receive a user name, password and a 4-digit PIN number (collectively “Access Code”) upon completing the registration process. You are responsible for maintaining the confidentiality of the Access Code and are fully responsible for all activities that occur under your Access Code. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Access Code. It is your sole responsibility to:
Control the dissemination and use of your Access Code;
Authorize, monitor, and control access to and use of Your Records, account and Access Code; and,
Promptly inform EliteHealth of any need to deactivate or reset an Access Code.
You agree to (a) immediately notify EliteHealth of any unauthorized use of your password or account or any other breach of security; and, (b) ensure that You exit from your account at the end of each session. EliteHealth shall not be liable for any loss or damage arising from your failure to comply with these Terms and Conditions.
Medical Records Storage
You will have the opportunity to upload, store and access your healthcare records and information, including copies of documents, records, images, and information submitted by You ("Your Records"). EliteHealth will electronically store and maintain Your Records on a database maintained by or on behalf of EliteHealth. This Service is referred to as the “E-Health Records Storage Service”. Electronic storage of Your Records allows the immediate viewing of Your Records by You and your authorized health care providers.
You may purchase a portable digital storage device, the EliteHealth life print flash drive (“LPFD”), which enables You to carry Your Records for electronic retrieval through the E-SHOP link. For a nominal fee, EliteHealth will electronically store Your Records on a read-only LPFD.
You are responsible for attaching a copy of Your Records. EliteHealth will not be responsible for returning any original or other documents comprising Your Records provided to EliteHealth. To the extent permitted by law, any documents or images You submit or cause to be submitted on your behalf to EliteHealth shall become our property and will not be returned to You. We assume no responsibility for the quality of X-rays or other personal medical images archived on the Site or for medical decisions which are based on Your Records, including any images or reports. The documents You submit or cause to be submitted to us may be destroyed at our discretion.
You hereby grant EliteHealth, our employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of this Site, the right to access, transmit, receive, monitor, retrieve, store, maintain, and use Your Records and any other information You provide in connection with the establishment and maintenance of your EliteHealth account to provide the Services and operate the Site, including but not limited to, converting documents received on your behalf to an electronic format, uploading to and delivering your personal LPFD, and maintaining your account.
You are solely responsible for the accuracy and completeness of any documents or data You submit to EliteHealth. You are also responsible for reviewing your account information as well as any documents produced by EliteHealth, such as information associated with the LPFD which we may issue to You, and for notifying us of any errors.
Disclosure of Protected Health Information
You may request at any time, while your subscription is in good standing, that Your Records be downloaded to a CD-ROM or other digital storage device, for delivery to You or any other person You direct for an additional fee.
EliteHealth shall not be obligated to retain, maintain, deliver or allow access to Your Records upon the termination of your subscription. Accordingly, if You terminate or fail to renew your subscription with EliteHealth, your right to access Your Records will terminate. We will not disclose, transfer, and/or cause to be disclosed or transferred to a third party any of Your Records without your prior written consent or authorization, or as otherwise required by law.
You are solely responsible for the accuracy and integrity of any data, reports, and health information You submit to EliteHealth for storage under this Agreement. EliteHealth does not assume any responsibility or liability for any information submitted to EliteHealth or the use or misuse, by You or any third party, of any information transmitted or received using this Site or any other site provided by EliteHealth for the storage and transmission of Your Records.
You grant EliteHealth and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the E-Health Records Storage Service. Any information You submit to EliteHealth will be communicated using encryption technology. However, EliteHealth cannot and will not guarantee that: (a) the information, during its transmission, will be protected against loss, misuse or alteration by third parties; or, (b) access to your account and any information or data You submit to EliteHealth will be uninterrupted; or, (c) any encryption technology used by EliteHealth will not be breached.
Governing Law and Venue
This Agreement is entered into between You and EliteHealth in the State of Florida, and is performed within the State of Florida and governed by and shall be construed in all respects under the laws of the State of Florida, exclusive of its choice of law or conflict of laws provisions. In any claim or action by You directly or indirectly arising under this Agreement or related to the Services, You irrevocably agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Miami-Dade County, or the Southern District of Florida. You waive any jurisdictional, venue or inconvenient forum objections to such court.
If any of the provisions of this Agreement are held to be unenforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between You and EliteHealth relating to the access and use of the Site and any of its Services. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Site or its Services inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.
Rights, Remedy, and Termination of Services
EliteHealth may, in its sole discretion, terminate your access to the Services, or any portion thereof, or discontinue providing the Site, or any portion thereof. EliteHealth may notify You that You have breached the Agreement and your account is being terminated. These actions are in addition to and not in lieu or limitation of any other right or remedy EliteHealth may have available at law. Further, EliteHealth shall not be liable to You or any third party for any such termination or discontinuance.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ELITEHEALTH SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INJURY, ILLNESS, DISABILITY, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ELITEHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ELITEHEALTH EXCEED THE TOTAL AMOUNT OF FEES PREVIOUSLY PAID BY YOU TO ELITEHEALTH RELATING TO THE AFFECTED SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Users’ sole and exclusive remedy for dissatisfaction with the Services or with this Site will be to stop using the Services.
You agree that these Terms and Conditions and all incorporated agreements between EliteHealth and You may be automatically assigned by EliteHealth, in its sole discretion, to a third party in the event of a merger, acquisition or liquidation.
Waiver and Severability of Terms
The failure of ELITEHEALTH to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.
No Right of Survivorship and Non-Transferability
You agree that your ELITEHEALTH account is non-transferable by You and any rights to your Access Code or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
The materials on the Site are copyrighted by EliteHealth and/or other applicable rights holders. You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content contained in sponsor advertisements or information presented to You through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by EliteHealth or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. You may download and reprint a single copy of the materials from the Site and/or the Services for your own personal, noncommercial use only, provided You include all applicable notices and disclaimers. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by EliteHealth for use in accessing the Site. You shall not, in whole or in part, adapt, translate, modify, decompile, reverse engineer, or disassemble the Site, merge the Site into other program material, nor shall You otherwise create or attempt to obtain the source code of the Software.
Special Admonitions for International Use
Recognizing the global nature of the Internet, You agree to comply with federal, state and all local rules regarding online conduct and acceptable content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.
Collection of Personal Information and Confidentiality
We collect personal information that You choose to share with us when You register to the Site. This information may include your e-mail address, your health interests and your answers to questions about your health status. We use this information to tailor our Services to the data You entered. Information from registration is saved to our database. This enables You to use the personalized features on the Site on a recurring basis. This saved information is collected only with your permission and may be updated or deleted by You at any time. If You choose to not provide the information required for registration, You may not register with the Site and You will not be able to personalize the Site.
The Agreements constitute the entire agreement between You and EliteHealth with respect to the use of the Site and its Services.
EliteHealth may modify, amend, and/or alter this Agreement at any time and from time to time with or without notice.
You and EliteHealth
Electronic acceptance via the Site or facsimile signatures and electronic signatures will have the same legal effect as original signatures and are binding on the parties. If this Agreement is accepted electronically, by checking the “yes” button, You have agreed to be bound by all of the terms and conditions of this Agreement. Your relationship to EliteHealth is one of an independent contractor and/or customer.
We hope You find the Site helpful and convenient to use. Questions or comments regarding the Site should be directed by electronic mail to admin@EliteHealth.com
4302 Alton Road, Suite 300
Miami Beach, FL 33140