NEXGEN MD 360.™  

DBA: Nexgen Weight Loss ™ | DBA: NEXGEN Weight Loss and Wellness™

Terms and Conditions

 

WE ARE NOT A REPLACEMENT FOR EMERGENCY MEDICAL SERVICES. IF YOU HAVE A MEDICAL EMERGENCY SEEK EMERGENCY MEDICAL CARE IMMEDIATELY IN-PERSON OR DIAL 911 OR YOUR LOCAL EMERGENCY NUMBER.

Acceptance of the Terms and Conditions Herein

By clicking “I Agree”, checking a related box, or accessing these services (so defined below), you acknowledge that you have read, understood, accepted, and agreed to be bound by this agreement. If you do not agree to these terms and conditions or do not understand these terms and conditions, you are not allowed to use and/or access these services and if so. You hereby grant agency authority to any party who clicks the “I agree” button or otherwise accepts these terms and conditions on your behalf.

Binding Arbitration Notice: You agree that disputes between you and us (non-exhaustively: the company and/or our agents, contractors employees, officers, shareholders), and/or you and any affiliated individuals or groups (non-exhaustively: medical providers, nursing providers, and/or any other affiliated third-party), arising out of or in relation to these terms and conditions and/or the service will be resolved by binding, individual arbitration and you waive your rights to a jury trial and/or to participate in a class-action lawsuit or class-wide arbitration, so explained below.

This agreement is subject to changes as explained below.

We may change these terms at any time and as required by law. This may include changing, adding, or removing terms. We may do this in response to legal, business, competitive environment or other reasons not listed here.

NEXGEN Weight Loss, Wellness & Recovery and/or its subsidiaries (collectively, “NEXGEN Weight Loss, Wellness & Recover and/or Nexgen MD 360,” “we,” or “us”) owns and operates websites located at www.nexgenmd360.com & www.nexgen-wellness.com (collectively, the “Platform”). Your access and/or use of the Platform, or anything associated with it (non-exhaustively: any products, services, websites, software applications, mobile applications, content generated by Us and/or any affiliated third-party, the “Service”) are governed by these Terms and Conditions (the “Terms and Conditions” or the “Agreement”).

Please read this Agreement carefully as it establishes the important terms you need to know about the Services you are agreeing to. In this agreement, the use of the terms, “you”, “yours”, and such similar phrasing refer to the person or entity using the Service.

Consent to Telehealth

Telehealth uses electronic communications to connect patients and providers for the remote delivery of healthcare services. Though Telehealth carries potential benefits, like any medical procedure it also carries potential risks. Specifically but non-exhaustively: Telehealth is not a substitute for in-person medical care for all cases or all conditions. If you do not accept the risks associated with using Telehealth, you should seek in-person care. As part of the on-boarding process you are offered the opportunity to agree to a Medical Consent form that includes consent to telehealth treatment. By using the Services you agree and acknowledge that NEXGEN Weight Loss, Wellness & Recovery is a third-party beneficiary of the Medical Consent and has the right to enforce it against you.

Use By Minors

The Service is not intended for use by anyone under the age of eighteen (18) and anyone under the age of eighteen (18) is prohibited from using any part of the Service and/or the Platform, except as to read these Terms and Conditions.

Your Relationship with Us

As part of the Service we make available certain products and services sold and/or offered by us and by third-party providers (medical and/or nursing care), pharmacies, diagnostics laboratories, and other vendors via our Service.

We provide prescription fulfillment services via 3rd Party Inedepent Pharmacies (the “Pharmacies”) and laboratory services via Quest Diagnostics and/or LabCorp (the “Labs”). We may also provide you with access to a network of independent third-party providers and/or medical groups (the “Providers”). These providers offer certain independent medical and/or nursing services. By accepting these Terms and Conditions, you acknowledge and agree that any services or products received from the aforementioned individuals and/or groups are also bound by this Agreement and that they are third-party beneficiaries of this Agreement.

No Medical-Relationship

NEXGEN Weight Loss, Wellness & Recovery has no control or interference with the practice of medicine, nursing, or any other such care by any providers. All providers are individually and solely responsible for managing the medical care and/or any treatments they provide to you. By accepting this Agreement, you understand and agree that NEXGEN Weight Loss, Wellness & Recovery is not acting as a healthcare provider and that you are not entering into a patient-provider relationship with us. By accepting this Agreement, you understand and agree that you may be entering into a patient-provider relationship or other such relationship with any one or more Providers.

No Pharmacy-Relationship

By accepting this Agreement, you understand and agree that NEXGEN Weight Loss, Wellness & Recovery is not acting as a pharmacy, nor do we control or interfere with any such services. By accepting this Agreement, you understand and agree that you may be entering into a relationship with a pharmacy, pharmacist, and/or pharmacy group or other such relationship with any one or more such third-party entities and authorize the aforementioned to access your prescription records through a Controlled Substances Prescription Management Program (CSPMP) or any other such program as is required by law and/or under the discretion of the Pharmacy.

Consent to the Use of Messaging

By accepting this Agreement, you understand and agree that NEXGEN Weight Loss, Wellness & Recovery, along with third-party Providers and Pharmacies may receive messages regarding your treatment, and respond to you via email, text messages (SMS/MMS), phone calls, and voicemails (collectively, “Communications”) . You acknowledge and accept that NEXGEN Weight Loss, Wellness & Recovery and it’s affiliates are not responsible for the contents or security of any of those means of communications. These communications may contain important information about your health and treatment. You acknowledge that the receipt and reading of any such messages is solely your responsibility and that you agree to hold-harmless NEXGEN Weight Loss, Wellness & Recovery and any of it’s employees, officers, or affiliated entities (providers, pharmacies, etc.) regarding the receipt and reading of any such communications. You also accept that some or all of the Communications may be unrelated to your treatment, such as marketing and advertising Communications.

Consent to Pay for Services

NEXGEN Weight Loss, Wellness & Recovery and/or its subsidiaries are not currently enrolled with, accepting, or participating in any state, local, of federal healthcare and/or health insurance programs (non-exhaustively: Medicare, Medicaid, etcetera). You acknowledge and accept that NEXGEN Weight Loss, Wellness & Recovery , the Providers, the Pharmacies, and yourself may receive payment from any such programs for any of the services or products provided by NEXGEN Weight Loss, Wellness & Recovery. or any affiliated entities. By engaging with NEXGEN Weight Loss, Wellness & Recovery and using the Services, you are choosing to obtain service solely on a cash-basis. As such, you have sole financial responsibility for paying the costs associated with the Services.

By clicking “I Agree”, checking a related box, or accessing these services you agree that you are exclusively choosing to access these services on a cash-basis and are solely responsibility for any costs incurred, and that neither you, nor NEXGEN Weight Loss, Wellness & Recovery, the Providers, the Labs, nor the Pharmacies will submit any claims for reimbursement to any state, local, of federal healthcare and/or health insurance programs (non-exhaustively: Medicare, Medicaid, etcetera).

NEXGEN Weight Loss, Wellness & Recovery does not provide Superbills or other medically coded invoices for services. Regular invoices are provided upon request.

Consent to Subscription Billing

Some but not all services available for purchase through NEXGEN Weight Loss, Wellness & Recovery are offered on an automatically renewing subscription basis. Your payment method will be charged automatically every month (or at any other agreed-upon interval as displayed during the onboarding process) until you cancel your subscription plan (the “Charges”). You may cancel your future subscription at any time before your payment is processed “if all medication received by client/patient is paid for” by emailing info@nexgen-wellness.com directly requesting a cancellation. At that time, any outstanding invoices will be charged via your payment method and your subscription will be canceled.  

Three Month Program Billing

The 3 month program is a subscription service billed out monthly. We will ship out 12 weeks of medication after the telehealth appointment with our licensed medical provider. If more medication is needed in the first 3 months, it will be shipped out per approval of the licensed medical provider. After the three months, medication will ship out monthly per our licensed medical providers review. Billing may be adjusted per your authorization after the initial three month period is complete based on quantity and strength of medication. To cancel your subscription after initial three month period is paid for, please email info@nexgen-wellness.com or call/text us at 469-902-9450.

*If the program is canceled and the payment balance of medication received by customer/client/patient is not paid in full, your credit card on file will be charged for the remaining balance owed.  If payment is more that 15 days late, your account will be cancelled and turned over to our 3rd party collections agency.  Delinquent account information will be reported to credit reporting agencies.  

Prescription Only Products

Some of the Products and Services offered via the Platform require a valid prescription. Payment does not guarantee the writing or dispensing of any prescription medications. You will not be offered a prescription unless you have completed a medical intake form, have established a patient-provider relationship with a Provider, have completed a medical consultation with said Provider, and have an established medical need for said prescription (as determined in the Provider’s professional judgment). If you choose to have an affiliated Pharmacy fulfill that Product, the charges associated with said Product will be bundled into the Charges.

Risks and Disclosures

You agree that you have read, understood the information provided about any prescribed medications available from the FDA, and on www.nexgenmd360.com. Your use of any prescription medication, reliance on any provider, or reliance on any information or notification delivered by the Providers via the Platform, is solely and exclusively at your own risk and you assume full responsibility for all risks associated herewith.

Mediation and Binding Arbitration

If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Healthcare Payor Provider Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Healthcare Payor Provider Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Indemnification 

Both Parties shall indemnify and hold the other Party and its respective directors, officers, and employees (each an “Indemnified Party”, as applicable), harmless from and against any and all costs, expenses and/or any other liabilities incurred by the Indemnified Part(y)(ies) (including, but not limited to, costs of investigation and defense, including, without limitation court costs and reasonable attorney and other third-party fees, and, to the extent permitted by applicable law, any fines, penalties, and forfeitures in connection with any proceedings against an Indemnified Party) in connection with this Agreement and directly or indirectly caused by the acts or omissions, negligent or otherwise, or willful misconduct of Either Party, or an agent of Either Party, or an employee of either of them, be it active or passive, except where such loss, cost, expense and/or liability arises from the negligence or willful misconduct of an Indemnified Party.

Class-Action Waiver

You hereby waive, with respect to any dispute, the right to participate in a class action, private attorney general action, or other representative action in court or group-arbitration either as a class representative or class member, and hereby waive the right to join or consolidate claims with the claims of any other person or group; as allowed by law.

Severability of Terms

If a provision of this Agreement is or becomes illegal, unenforceable, or invalid in any jurisdiction, it shall not affect the enforceability or validity in that jurisdiction of any other provision of this Agreement, and/or the enforceability or validity in other jurisdictions of that or any other provision of this Agreement.

Assignment of Rights

This agreement is solely between you and NEXGEN Weight Loss, Wellness & Recovery. No portion of your rights or agreed upon terms may be assigned to anyone else and any attempt to do so is null and void. NEXGEN Weight Loss, Wellness & Recovery may, at any time and in our sole discretion, assign, transfer, or other such action, without your additional consent or notice, this entire Agreement or any part of this Agreement, to any third-party of our choice.

Choice of Law

THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO ANY PRINCIPLES REGARDING CONFLICT OF LAWS.