TERMS OF USE

 

Date of Last Revision: October 1st, 2021.

 

Please read these Terms of Use carefully and completely, as they govern Your relationship with this website.

IF AT ANY TIME YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY PERSONNEL (911) OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT RELY ON ELECTRONIC COMMUNICATIONS OR THIS SITE FOR ASSISTANCE IN REGARD TO YOUR IMMEDIATE, URGENT MEDICAL OR MENTAL HEALTH NEEDS.
INTRODUCTION

Campbell Lifestyle Program, LLC, and Thomas Campbell, MD, PLLC (“Our”, “Us”, or “We”) are owners and operators of this website (“MyPlantBasedProgram.com” or “MPBP”). These terms of use and conditions (“Terms of Use”) describe your rights and responsibilities with regard to the Site that you may use to receive Services. Your access to and use of the Site is subject to these Terms of Use, Our Privacy Policy, as well as all applicable laws and regulations. If you do not agree with these Terms of Use, you are not authorized to access or otherwise use the Site, Services, or any information or Content provided through the Site or Services.

These Terms of Use may be changed at any time at our discretion. Any changes to these Terms of Use are effective upon posting to the Site. If you disagree with Our Terms of Use, your sole and exclusive remedy is to discontinue your use of the Site or Services, subject to applicable ethical rules or legal obligations. Your continued use of the Site or Services after a change has been posted constitutes your acceptance of the changes.

SERVICES

The Site is intended to facilitate the provision of the Services to registered users. Non-Medical “Services” are provided by Campbell Lifestyle Program, LLC and may include:

  1. Providing information regarding health, diet, lifestyle, and wellness (“Content”);

  2. Providing group diet and lifestyle programming and support;

  3. Offering information about, and ability to schedule, individual telehealth medical consultations; and

  4. payment for Services rendered through this Site.

The Content, materials and Services provided by Campbell Lifestyle Program, LLC are not medical services and should not be considered medical advice or medical treatment for any specific health conditions.

 

CONSULTATIONS

Medical consultative services are provided only through Thomas Campbell, MD, PLLC, and are limited to telehealth services. By scheduling telehealth appointments, you acknowledge the following:

  1. Video conferencing technology and/or electronic transmission of health information will be used during telehealth appointments, and it will not be the same as a regular physician appointment since you will not be in the same room as the provider for provider to make a physical exam.

  2. There are risks with this technology, including interruptions, technical difficulties, and significant limitations inherent to a medical evaluation taking place over distance. Precautions will be taken to minimize this risk, and you or the provider may discontinue the telehealth visit if it is deemed that a telehealth visit is not sufficient to diagnosis or manage a particular health concern. In that event, it may be necessary that you see a health care provider for in-person care.

  3. Telehealth service cannot provide emergency care and you should not use this service for urgent situations that may represent medical emergencies.

  4. Telehealth services are limited in availability by state licensing laws and you are responsible for representing your physical location accurately.

  5. You are responsible for paying for this telehealth consultation, though some insurances are accepted.

  6. You understand that failure to pay for services will likely result in termination of Your ability to receive care through this service.

 

GROUP PROGRAM

 

The Lifestyle Intensive group program, offered by Campbell Lifestyle Program, LLC is a group program consisting of education and support to adopt a whole-food, plant-based diet and increased physical activity. You will work with a group facilitator, but THIS GROUP PROGRAM IS NOT MEDICALLY SUPERVISED. You are responsible for obtaining approval from your local physician before embarking on Our program, monitoring your own health and working with a local physician as needed for any laboratory testing and evaluation and management of issues regarding medication or treatment. Through the use of this website, you may sign up to attend a free information session prior to making any commitment to join the group program. You will be required to sign a participation agreement prior to participating in the group program with further details regarding risks, policies and expectations.

ELIGIBILITY

In order to qualify to use the Services, the following must all be true:

  • You are age 18 or over, or You are a minor at least 13 years old with specific parental or guardian consent to receive Services.

  • You are located in a state where We operate (medical consultations through Thomas Campbell, MD, PLLC are only available in states where its providers are licensed), and

  • You understand and acknowledge that You are legally bound by and will comply with these Terms of Use.

You understand and agree that satisfying the above requirements does not guarantee You will receive Services. In addition to the above requirements, We reserve the right to change or include new requirements as deemed appropriate in Our sole discretion without providing prior notice to You.

USER REGISTRATION AND ACCOUNTS

 

You may access certain parts of the Site, but you will not be able to access medical consultation services or group program services without providing some relevant personal information to Us. You agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about Yourself that You have provided to Us. If You do not maintain such information, or if We have reasonable grounds to suspect Your information is incorrect, outdated, or false, We have the right to suspend or terminate Your account and Your use of the Services. You also agree to immediately notify Us of any unauthorized use of Your username, password, or of any other breach of security that You become aware of involving or relating to the Services by email or phone. Campbell Lifestyle Program, LLC or Thomas Campbell, MD, PLLC may take any and all actions it deems necessary or reasonable to maintain the security of the Site, Services and Your Registered User account.

You agree to keep confidential Your username and password and to exit from Your secure user account at the end of each session. You are responsible for all activities that occur under Your account and for maintaining the confidentiality of Your password. If You think Your account has been compromised, You are exclusively responsible for promptly changing Your password. You may not transfer or share Your password to Your user account with anyone, or create more than one account. You may not use anyone else’s account at any time. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section. You acknowledge and agree:

  1. all or any part of the Site may not be accessible at any time, for any period, or for any reason; and

  2. Campbell Lifestyle Program, LLC or Thomas Campbell, MD PLLC will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

TECHNOLOGICAL AND FINANCIAL REQUIREMENTS FOR USE

You must have compatible computing or mobile devices, access to the Internet, and certain necessary software in order to use the Site and use our Services. Fees and charges may apply to Your use of the mobile services and to the Internet. You are individually and solely responsible for any such fees, costs, or expenses You incur in relation to Your use of the Site or Services.

PRIVACY POLICY

Please see Our Privacy Policy for a description of how We may collect and use Your personal information.

PARTICIPATION IN INSURANCE

Thomas Campbell, MD PLLC accepts some insurances for medical consultations for patients located in New York and Florida, but Campbell Lifestyle Medicine, LLC DOES NOT ACCEPT INSURANCE for the Lifestyle Intensive group program. You will be liable for all incurred charges that are not covered by insurance for either Thomas Campbell, MD PLLC or Campbell Lifestyle Medicine, LLC. Upon request, if You are not enrolled in a health insurance plan in which Thomas Campbell, MD PLLC participates, We may provide You with a bill for You to seek reimbursement from Your private health insurance company. Beyond providing this bill, We will not participate in the reimbursement process. We are in no way liable for and do not in any way guarantee any such reimbursement will occur. You expressly acknowledge and understand You have the right to seek care or similar services from physicians and entities who participate with and can directly bill Your health insurance plan.

SITE CONTENT

Except for specific communications received within the context of a physician-patient relationship in connection with a consultation with Thomas Campbell, MD PLLC , none of the Content you receive through the Site (the “Content”) should be considered medical advice. All such health and health-related information contained within this Site and Our Services is intended to be general, marketing, or educational in nature and should not be considered or used as a substitute for a visit with a healthcare professional. The Content is not intended to be, and You should not consider it to be, mental health, medical, or other licensed professional advice.

 

PRIMARY MEDICAL CARE

We believe it is important for every patient to have a local primary care physician (“PCP”). You should not consider any provider affiliated with Thomas Campbell, MD PLLC to be Your primary care provider. We strongly encourage You to establish a relationship with a local PCP in Your area. The services provided by Thomas Campbell, MD PLLC are meant to supplement your local medical care, not replace it. The ultimate responsibility for Your overall medical care should remain with Your local PCP. Always seek the advice of Your personal physician if You have any questions regarding a medical condition. Neither Campbell Lifestyle Program, LLC nor Thomas Campbell, MD PLLC assumes any responsibility or liability for how You use information obtained from this Site or Our Services. Before making any decisions regarding Your healthcare, ask Your PCP or mental healthcare professional.

OWNERSHIP OF INFORMATION SUBMITTED THROUGH THE SITE

With the exception of any personal data or information You submit maintained in accordance with Our Privacy Policy (which may be governed by the “Health Insurance Portability and Accountability Act,” Pub. L. 104-191, and its related regulations and amendments from time-to-time (collectively, “HIPAA”), the “Health Information Technology for Clinical Health Act, Pub. L. 111-5, and its related regulations and amendments from time-to-time (collectively, “HITECH”),” or related state-specific privacy laws and regulations), You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to MyPlantBasedProgram.com are non-confidential and We will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

OWNERSHIP OF SITE CONTENT, TRADEMARKS

We are the sole and exclusive owner of all right, title, and interest in and to the Site and its content, features, and functionality (including, without limitation, all information, intellectual property such as trademarks and copyrights, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by You. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on Our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Site or Content shall be owned solely and exclusively by Campbell Lifestyle Program, LLC and Thomas Campbell, MD PLLC or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes other than the Services any part of the Site or Content. Nothing in these Terms of Use or on the Site may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Site or the intellectual property, except as expressly stated herein. Certain names, logos, and other materials displayed in and through the Site may constitute trademarks, trade names, service marks or logos (“Marks”) of Campbell Lifestyle Program, LLC, Thomas Campbell, MD, PLLC or its affiliates. You are not authorized to use any such Marks without the express written permission of Thomas Campbell. Ownership of all such Marks and the goodwill associated with them remains with Us or Our affiliates.

YOUR CONSENT

You agree that Your use of the Site and any uses of any Services or materials related to the Site are subject to Your agreement with all of these Terms of Use as well as Our Privacy Policy, which is incorporated into this Terms of Use by reference. You agree You will not violate any local, state, federal, or international laws in using this Site or accessing any Material within or through the Site.

ACCEPTABLE USE

Subject to Your compliance with these Terms of Use, We grants You, the Site User, a personal, limited, revocable, non-exclusive, non-transferable, royalty-free license to view, download, access, and use the Site solely for Your personal and non-commercial use. Any unlawful use of this Site or use inconsistent with these Terms of Use is prohibited and will result in, at a minimum, an automatic termination of this license. Campbell Lifestyle Program, LLC and Thomas Campbell, MD PLLC and its affiliates expressly reserve all rights, title, and interests not expressly granted under this license. We further reserve the right, in Our sole and exclusive discretion, to deny or suspend use of the Site or Services to anyone for any reason.

Except as We expressly authorize, You agree You will not, directly or indirectly, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent Your affiliation with any person or entity; (b) use the Site or Services to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or Our Site, or any other system, device, or property; (e) access or use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third-party; (f) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third-party the Site, Services, or related materials in any way; (g) use or access the Site to create or develop competing products or services or for any other purpose that is to the detriment or commercial disadvantage  of MyPlantBasedProgram.com, its owners  or their respective affiliates; (h) take any action or use the Site in any manner that could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner Our Site or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to Our Site or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure We have implemented to protect the Site; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from Our Site or any content made available to You on or through Our Site; (l) use any manual process or automated device to monitor or copy any content made available on or through Our Site for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit, or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to MyPlantBasedProgram.com or third-party content from the Site; (n) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods; (o) otherwise use the Site in any manner that exceeds the scope of the license granted above; or (p) encourage or enable any other individual to undertake any of the conduct listed in this section.

USER OBLIGATION

In consideration of Your use of Our Services, You represent You are of legal age to form a binding contract and are not a person barred from using, receiving, or accepting Our Services under the laws of the United States or other applicable jurisdictions, such as the European Union. If You are between the ages of 13 and 18 years old, You may use the Site and Our Services solely with the approval of Your parent or legal guardian.

LINKS TO THIRD-PARTY WEBSITES

The Site may contain hyperlinks or references to other websites (“Linked Sites”) operated by third-parties. The Linked Sites may not be under Our control, and We are therefore not responsible for the information, products, or services described on Linked Sites, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to You only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators.

SITE ACCESS; TERMINATION

The Terms of Use will remain in full force and effect as long as You continue to access or use the Site or Services. You may terminate your agreement with the Terms of Use at any time by discontinuing use of the Site. Your permission to use the Site automatically terminates if You violate these Terms of Use. Campbell Lifestyle Program, LLC and Thomas Campbell, MD PLLC reserves the right to prohibit, restrict, suspend, discontinue, or terminate Your access to the Site or Our Services, and any rights or licenses granted in association with them, in whole or in part, with or without prior notice, at any time, and based on Our sole and exclusive discretion. After such termination, We will have no further obligation to provide the Services, except to the extent that Thomas Campbell, MD PLLC is obligated to provide You access to Your health records or is required to provide You with continuing care under applicable legal, ethical, and professional obligations to You. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment.

DISCLAIMER OF WARRANTIES

You expressly agree your use of the Site is at Your own risk. We do not make any warranties or representations as to the provision of the Site or Our Services, the accuracy or completeness of the Site or Our Services’ content, or information linked through the Site or Our Services. You acknowledge and agree Campbell Lifestyle Program, LLC and Thomas Campbell, MD PLLC provide the SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Campbell Lifestyle Program, LLC and Thomas Campbell, MD, PLLC and its affiliates, including without limitation all affiliated professional entities, and their respective officers, directors, managers, partners, members, employees, and agents (collectively “related persons”) make no representations or warranties and expressly disclaim any and all warranties of any kind, whether express or implied, with respect to the Site and Services, including, but not limited to, any representations or warranties with respect to merchantability, fitness for a particular use or purpose, noninfringement, title, availability, security, operability, condition, quiet enjoyment, value, accuracy of data, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery or system integration. We make no warranties or representations that your use of the Site or Services will not infringe the rights of third-parties.

To the fullest extent of applicable law, We will not be liable for any loss or damage caused by Your reliance on information obtained through the site. It is Your responsibility to evaluate the accuracy, completeness, timeliness, reliability or usefulness of the Site, the Content and the Services. Furthermore, We do not guarantee that the Site or Services will be uninterrupted, or free from error, defect, loss, delay in operation, corruption, cyber attack, viruses, interference, hacking, malware, or other security intrusion, and We disclaim any liability relating thereto.

LIMITATION OF LIABILITY

You expressly understand that to the fullest extent permitted under applicable law, and except as set forth in this section, in no event will We be liable to You or to any party for any claims, liabilities, losses, costs or damages under any legal or equitable theory, whether in tort (including negligence and strict liability), contract, warranty, statute or otherwise, including, but not limited to, any indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use or data, service interruption, computer or mobile phone damage, or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, including death, arising out of or in connection with any access, use of (or inability to use) the Site or any Services provided through the Site, or other intangible losses arising out of or related to your use of the Site. This is true even if Campbell Lifestyle Medicine, LLC or Thomas Campbell, MD PLLC or related persons have been advised of the possibility of such damages or losses.

The foregoing sections entitled, “DISCLAIMER OF WARRANTIES” and “LIMITATION OF LIABILITY” are intended only as permitted by applicable law. If any portion of these sections is held to be invalid, the invalidity of that portion(s) shall not affect the validity of the remaining portions of the applicable sections. To the extent that We may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Our liability will be the minimum permitted under such applicable law.​ 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Campbell Lifestyle Program, LLC and Thomas Campbell, MD, PLLC and their respective affiliates (including without limitation all affiliated professionals), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys, harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, Your use of materials or features available on the Site in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by You of these Terms of Use.

MODIFICATIONS TO THE SITE

We reserve the right, at any time and for any reason, to modify, or temporarily or permanently discontinue, the Site or Services or any portion of them, with or without notice.

PAYMENT

You agree to pay all fees due for Services requested by You. You will see a prompt for Your payment details, such as Your credit card information and any promotional codes You may have. By entering Your payment information and submitting Your request, You authorize us, Our affiliates, or Our third-party payment processors to charge the amount due.

You understand and agree that You are responsible for all fees arising from healthcare services and third-party pharmacy services, including any fees charged by the healthcare organization(s) or provider(s).

GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE; SEVERABILITY OF PROVISIONS

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND MYPLANTBASEDPROGRAM.COM TO RESOLVE ALL DISPUTES BETWEEN THEM THROUGH BINDING, INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

These Terms of Use and Your use of the Site shall be governed by the laws of the State of New York, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Rochester, NY under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. The parties agree the courts located in Rochester, NY shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.

All parts of these Terms of Use apply to the maximum extent permitted by law. We and You both agree that if a party cannot enforce a part of these Terms of Use as written, then that part will be replaced with terms that most closely match the intent of the part the party cannot enforce, to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

REMEDIES

You agree any violation, or threatened violation, by You of these Terms of Use constitutes an unlawful and unfair business practice that will cause Us irreparable and unquantifiable harm. You also agree monetary damages would be inadequate for such harm and consent to Our obtaining any injunctive or equitable relief that We deem necessary or appropriate. These remedies are in addition to any other remedies We may have at law or in equity.

ASSIGNMENT

You may not assign any of Your rights under these Terms of Use, and any such attempt will be null and void. We and Our affiliates may, in their sole and exclusive discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of Our business is transferred to another entity by way of merger, sale of its assets, or otherwise.

DIGITAL MILLENNIUM COPYRIGHT ACT

We comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Us.

Notification of Claimed Copyright Infringement. If You have objections to copyrighted content or material made available on or through Our Site, You may submit a notification to Our Designated Agent at the following address:

Thomas Campbell at tcampbell@myplantbasedprogram.com

Any notification under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;

  • An identification of the copyrighted work or other intellectual property that You claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

  • An identification of the content or material that You claim is infringing and where it is located on Our Site;

  • Information sufficient for Us to contact You, such as Your address, telephone number, and email address;

  • A statement by You that You have a good-faith belief that the use of the content or material of which You are complaining is not authorized by the copyright owner, its agent, or the law; and

  • A signed statement by You that the above information in Your notice is accurate and that, under penalty of perjury, You are the copyright owner or authorized to act on the copyright owner’s behalf.

HOW TO CONTACT US

Please contact Us at the below email address to report any violations of these Terms of Use, to ask questions, or to provide comments regarding Our Services or the Site.

 

tcampbell@myplantbasedprogram.com