Diamond Medical Clinic
Effective Date: December 1st, 2022
1. SCOPE OF TERMS & CONDITIONS
Unless otherwise indicated, these Terms and Conditions of Service (“Terms & Conditions”) apply to (i) your use of and/or access to this website and/or other websites (collectively, “Website”) which are owned or operated by Diamond Medical Clinic. or its affiliates (collectively, “Diamond Health”, “we,” “us,” or “our”), including any portions thereof available only to subscribers, and (ii) your use of and/or access to the mobile phone applications which we may own or operate currently or in the future (collectively, the “Mobile App”) and (iii) your use of and or access to any content or information and other online or mobile-enabled technology, digital tools and other services and products provided by us (together with the Website and the Mobile App, collectively, the “Services”). For purposes of these Terms & Conditions, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Sempra Health. The term “Mobile App” shall refer to both the Basic Service and Premium Services (hereinafter defined).
We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy & HIPAA Notice, which are incorporated into these Terms & Conditions by this reference.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE FOLLOWING AGREEMENT AND ACKNOWLEDGEMENT, THEN DO NOT ACCESS, BROWSE OR USE THE SERVICES. MOREOVER, DIAMOND HEALTH DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR THE SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT ABIDE BY THE PROVISIONS OF THESE TERMS & CONDITIONS, EXCEPT AS WE MAY OTHERWISE PROVIDE FROM TIME TO TIME, YOU AGREE THAT WE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR RESTRICT ANY FURTHER ACCESS TO SUCH INFORMATION AND/OR FILES, OR OUR SERVICES, WITH OR WITHOUT NOTICE.
You must exercise caution, good sense and appropriately informed judgment in using the Services. You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you. Diamond Medical Clinic will investigate any alleged or suspected violations and if a criminal violation is suspected, we may contact and/or cooperate with law enforcement agencies in their investigations.
2. AGREEMENT AND ACKNOWLEDGEMENT
a. User Agreement.
By using any services, you accept these Terms & Conditions and agree to be legally bound and to abide by the terms, conditions, and notices contained or referenced herein, just as if you had signed them.
b. Changes to Terms & Conditions.
From time to time, we may, in our sole discretion, change, modify, supplement or remove portions of these Terms & Conditions (“Additional Terms”). Such Additional Terms shall become effective upon posting by the Company on the Website, the Mobile App, via the Service or sending you an email or other notification. You will be deemed to have agreed to such Additional Terms by your decision to continue accessing the Mobile App or the Website or otherwise using any of the Services following the date in which such Additional Terms become effective.
c. Modification of Services.
In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services provided to you, including, but not limited to, (i) restricting the time the Services are available, (ii) restricting the amount of use permitted, (iii) restricting or terminating any user’s right to use the Services and (iv) changing any feature or functionality provided by the Services. You agree that any termination or cancellation of your access to, or use of, the Services may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Services.
d. Downloading Mobile Assets.
You may access the Mobile assets directly from this site. You acknowledge and agree that: (i) these Terms & Conditions are entered into between us, and not with the Mobile Provider, and that we are solely responsible for the ebook (not the Mobile Provider); (ii) the Mobile Provider has no obligation to furnish any maintenance and support services with respect to the ebook; (iii) the Mobile Provider is not responsible for addressing any claims you have or any claims of any third party relating to the ebook or your possession and use of the ebook, including, but not limited to: (a) product liability claims; (b) any claim that the ebook fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (iv) in the event of any third party claim that the ebook or your possession and use of that ebook infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms & Conditions; (v) the Mobile Provider and its subsidiaries are third party beneficiaries of these Terms & Conditions as it relates to your license of the Mobile App, and that, upon your acceptance of these Terms & Conditions, the Mobile Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms & Conditions as related to your license of the ebook against you as a third party beneficiary thereof; and (vi) you must also comply with all applicable third party terms of service when using the Services.
3. ELIGIBILITY
DIAMOND MEDICAL CLINIC does not permit individuals under 18 years of age to become registered users of our Services. By using the Services, you represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into these Terms & Conditions and to abide by the terms and conditions of these Terms & Conditions.
Due to the physiological sensitivity that occurs with pregnancy and our inability to provide collaborative care with physicians/other medical professionals, individuals who are pregnant will be unable to use our Services.
Individuals who are currently or have a goal to be at a BMI below 18.5 will be unable to use our Services. According to the Center for Disease Control (CDC), current medical standards indicate a healthy BMI range to be between 18.5-24.9, with a BMI falling below 18.5 to be considered underweight. Weight loss for underweight individuals is not recommended and should be supervised by a medical professional.
4. SUBSCRIPTIONS;
Our Services consist of on-demand, (“Basic Service”) and subscription based recurring product orders with differing functionality based on the subscription level (“Service”). Services typically require a fee, which is either paid (i) by the user (“Single Service”) or (ii) by a third party on behalf of the user (“ Subscription Service”). You do not have to become a Subscription Service user to use the Services. However, if you are not a Subscription Service user, you may be precluded from using certain portions, components, content, features, or resources of our Services. We reserve the right to eliminate or modify any or all of the functionality of the Self Service at any time without any prior notice to you.
Whether or not you use the Self Service or the Subscription Service, you are responsible for all charges and fees associated with connecting to and using the Website and/or products.
5. FEES, RENEWAL, CANCELLATIONS & REFUND POLICIES
If you are a subscriber to our Subscription Service, you further agree as follows:
a. Agreement to Pay.
(i) Personal Subscription Service. If you are a Personal subscription Service User, you will be responsible for the fixed and periodic charges and fees (including prepayment plan fees for multiple periods or recurring monthly fees) you selected at the time of subscription. Applicable State taxes, and other charges and fees incurred in order to access the Premium Services may also apply.
(ii) Subscription Premium Service. Premium Services are generally purchased by our third party commercial customers (“Business Customers”) for a specified period, and a Business Customer generally provides you with a unique activation code that allows you to access certain Premium Service features purchased by such Business Customer for a specified period. In such instance, your access to Premium Service has been paid for by our Business Customer, and you will be able to use Business Premium Service features until the expiration of a specified term agreed between Sempra Health and such Business group.
b. Auto-Renewal.
Unless your Premium Services have been paid for by one of our Business Customers, your Premium Service membership will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Until you cancel, we will charge or debit your payment method at the beginning of your subscription. Your non-cancellation of the Premium Services or continued use of the paid subscription features of the Premium Service will reaffirm that we are authorized to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your subscription will be automatically downgraded to the Basic Service effective as of the end of your current billing cycle. The renewal charge will generally be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. If you fail to renew your subscription for any Services before its scheduled expiration date, then the then-current non-promotional subscription rate will apply.
c. Cancellation of Personal Service Subscription.
You can cancel your subscription for our Subscription Services at any time by contacting us, or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you terminate your paid subscription for Premium Service, your subscription will remain active until the end of your then-current subscription period.
d.Refund Policy.
(i) Refund after the Initial Sign-up. Provided you are not in breach of these Terms & Conditions, we offer a full refund for those who sign up for a Personal Premium Service and cancel within the first thirty (30) days of your initial purchase (i.e., the first time we charge you). However, because we believe that you will not have had a chance to fully evaluate the benefits we offer through our Premium Services, we require that you schedule at least one (1) call with DIAMOND MEDICAL CLINIC (hereinafter defined) before you seek a refund. Provided that you have had at least one call with Sempra Health (hereinafter defined) before you cancel your Personal Subscription Services, we will issue a full refund and your account will revert to Basic Services. (ii) Exceptions. If you choose to cancel your subscription beyond the first 30-day time period, or if you cancel your subscription within the first 30-day time period but fail to schedule a call with DIAMOND MEDICAL CLINIC or return the unopened product(s), then any amounts paid prior to your cancellation will not be refunded. Following cancellation, your Subscription Services will expire at the end of the applicable period, and your account will revert to Basic Services.
- Modifications.
We reserve the right to revise the terms of the fee charge, cancellation and refund policies, upon reasonable advance notice communicated to you through a posting on the Website and/or Mobile sites or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). Any changes made will apply to all memberships created or renewed after the date such change was implemented.
6. USER ACCOUNT AND SECURITY
In connection with your use of certain features of the Services, you will be required to complete a registration form. You represent and warrant that all user information you provide on the registration form or otherwise in connection with your use of the Services will be current, complete and accurate. As a registered user of the Services, you are entirely responsible for maintaining the confidentiality of your user account information. You may not use the account or user name of any other member at any time. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s user account information.
You are also entirely responsible for any and all activities which occur under your user account. We will not be liable for any loss that you incur as a result of someone else using your account, either with or without your knowledge. You may also be held liable for any losses incurred by DIAMOND MEDICAL CLINIC, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account.
As a subscriber to our Services, you further agree as follows:
a. Subscription Data. For purposes of your use of the Service including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to the Service (“Subscription Data”). We collect different data depending on whether you are a Personal Premium Service User or Business Premium Service User. Please refer to our Privacy Policy and HIPAA Notice for more detailed information on the types of information we collect. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Services (or any portion thereof). You are obligated to check whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data.
b. One Account Per User. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website. If your registration or subscription is revoked for any reason (other than in cases where you are switching over from subscription Services to Personal Service and vice versa), you agree not to register or subscribe again with our Services using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these Terms & Conditions or by law.
7. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM DIAMOND MEDICAL CLINIC & BUSINESS CUSTOMERS
a. Legal Communications. We may send the following to you by email or posting them on the Website and/or the Mobile App: these Terms & Conditions, including legal disclosures; future changes to these Terms & Conditions, Privacy Policy, HIPAA Notice, and other notices, legal communications or disclosures and information related to the Services. Such communications are part of the Services which you cannot opt out of receiving.
b. Service Announcements. In using the Services, you may receive periodic electronic communications from Sempra Health regarding the Services, such as new product offers and other information regarding the Website and/or the Mobile App/ebook, which are part of the Services and which you cannot opt out of receiving.
c. Promotional Communications. You may also receive periodic promotions and other offers or materials Sempra Health believes might be of interest to you. You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each message; or (b) changing the messaging preferences in your account.
d. Subscription Customer Communications. If you have a Subscription Premium Service account (e.g., your Premium Services were purchased by a Business Customer and were offered to you free of charge by such Business Customer), the Business Customer paying for your Business Premium Services may also send periodic electronic communications or post materials on our Mobile App, subject to their applicable terms and conditions and/or privacy policy.
e. Withdrawing Your Consent. If you later decide that you do not want to receive future Communications electronically, please send an email to [email protected] Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to, and electronically signed by, you prior to the effective date of your withdrawal. If you withdraw your consent to receive Communications electronically, we may terminate your account and/or access to the Service (or any part thereof).
8. PUBLIC FORUM; INFORMATION PROVIDED BY MEMBERS
a. Definition. “Public Forum” is any area, site or feature offered as part of the Services (including, but not limited to, chat, message board, blog, groups, emails or instant messaging features) that enables you (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other members. Except as otherwise provided in our Privacy Policy and HIPAA Notice, all Public Forum communications are public and not private communications. You are, and shall remain, solely responsible for the User Content that you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting the same.
b. DIAMOND MEDICAL CLINIC. As a subscriber to our Services, you are may be invited to join and participate in group discussions (“Sempra Health Group”) with other Services users that may be designated as a DIAMOND MEDICAL CLINIC facilitator by DIAMOND MEDICAL CLINIC (such person or persons, collectively, the “Facilitators”) as well as a coach, who may be an employee or a contractor of DIAMOND MEDICAL CLINIC, personnel from an unaffiliated third party service provider or personnel from, or designated by, our Business Customer (such person, a “Coach”). DIAMOND MEDICAL CLINIC is a Public Forum, and by using the DIAMOND MEDICAL CLINIC, you may receive electronic communications, including group chat messages and/or private messages from Coaches, Facilitators and other DIAMOND MEDICAL CLINIC members who are members of the same DIAMOND MEDICAL CLINIC. DIAMOND MEDICAL CLINIC members can see your user id and public profile, but will not see your email address. If you do not wish to receive messages from other members, you should opt out of a DIAMOND MEDICAL CLINIC if invited. Whether you transmit any user content via private messaging or group chat feature, you agree to abide by our community standards and conduct guidelines at all times. You further acknowledge that by providing you with the ability to distribute User Content in the discussion forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any User Content or activity in any Public Forum, nor do we endorse any such User Content or activity. Although we reserve the right to monitor some, all, or no areas of the Services (including any discussion forum and DIAMOND MEDICAL CLINIC for adherence to the community standards and conduct guidelines set forth above and to remove, without notice, any User Content for any reason, we have no obligation to review Content prior to the Content’s posting or to delete User Content that you may find objectionable or offensive. DIAMOND MEDICAL CLINIC DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.