Terms and Conditions for Beyond Inflammation ("BI") Services and Mobile Applications
(Last Updated: October 20, 2023)
Beyond Inflammation, LLC. (“BI,” “we,” “us,” or “our”) permits you to use the App in connection with your participation in the BI Program and subject to these Terms and any applicable rules applied by Apple Inc. (“App Store Rules”) and Google Inc. (“Play Store Rules”) with respect to the use of their App Store and Play Store respectively located at https://www.apple.com/itunes (“App Store”) and https://play.google.com/store (“Play Store”). You (“you,” the App user) may only utilize the App in accordance with these Terms.
1. IMPORTANT NOTICES:
1.1 Please read these Terms carefully before downloading, installing or using the App. By downloading, installing, accessing, browsing or using the App, you accept and agree to these Terms which bind you legally. The Terms are entered into for the benefit of BI. BI shall have the right to enforce these Terms against you. If you do not agree to these Terms you are not permitted to use the App and you must immediately cease downloading, installing or using the App.
1.2 BI delivers clinical services, your interactions with Us via the Services are not intended to take the place of Your relationship with Your regular healthcare practitioners or primary care physician. Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of healthcare services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not a substitute for in-person healthcare in all cases. In some cases, we provide in-person support.
1.3 If you choose to use a dietary supplement available for purchase from Beyond Inflammation in connection with, or independent of, your enrollment in the Beyond Inflammation system, you should first consult with your doctor, pharmacist or other health care provider to assure that the selected supplement is safe for you. No product is without risk to everyone and you should review the listed ingredients with your health care provider to assure, in part, that you are not allergic to any listed ingredients and that the ingredients will safely interact with other medications or supplements you may be taking or treatments you may be undergoing. The supplements are produced locally under sterile conditions and consist of all natural products.
1.4 There is no guarantee that You will be allowed access to Services. You may not be an appropriate candidate for services provided by BI. After You have started to receive the BI Services, BI may determine, in accordance with its established protocols and upon proper notice, that You are no longer an appropriate candidate for participation in the BI Services, and may cease providing services to You. To receive the BI Services, You must agree to abide by the protocols, policies and procedures of BI with respect to patient compliance, communication, and cooperation with instructions and requests by BI providers.
Notwithstanding the foregoing, after You have started to receive BI Services, no refund of payments for BI Services will be provided.
1.5 The Content of the App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, other visuals, is for informational purposes only and is not part of the professional medical advice, diagnosis, treatment, or recommendations provided through the Services by BI. You should always seek the advice of Your qualified healthcare professionals with any questions or concerns You may have regarding Your individual needs and any medical conditions.
1.6 The App and the information provided on or through the App are not intended to take the place of Your relationship with Your regular healthcare practitioners or primary care physician. Except as set forth herein, neither BI, nor any third party who may promote the App or Services or provide a link to the Services, shall be liable for any information obtained from the App or Services.
1.7 Not for Emergencies. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. BI’s App and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the App. If You believe You have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a healthcare provider or when otherwise needed. You should continue to consult with Your primary healthcare provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions You have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
1.8 Not an Insurance Product. BI is not an insurer. The Services are not insurance products, and the amounts paid to BI are not insurance premiums. If You desire any type of health or other insurance, You will need to purchase such insurance separately.
1.9 Availability of Services. BI operates subject to state and federal regulations, and the Services may not be available in Your state. You represent that You are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which You may be located. Access to and use of the App or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the App or Services from jurisdictions where content is illegal, or where We do not offer Services, is prohibited.
1.10 The content provided in the App is intended for general informational purposes only. Companies and individuals should not rely on the information provided in the App for the prevention or mitigation of risks. If you are a Customer of BI, you may be subject to other agreements with BI. These Terms apply to use of the App and do not change or alter any other contract or agreement between you and BI.
1.11 If you experience any technical issues with the App, or you would like to contact us regarding these Terms, you may contact BI by sending an email to email@example.com
1.12 In order to use the App, you must have a compatible device which meets the following minimum specifications: for Apple devices, requires iOS, and is compatible with iPhone, iPad, or Android. Any compatible device to which you download the App will be known as a “Device” for the purposes of these Terms. You confirm that you either own the applicable Device or if not owned by you, you have obtained permission to install and use the App on such Device. You accept responsibility for any use of the App on or in relation to such Device, whether or not such Device is owned by you or such use was made by you.
Your Authorized User account may only be used for Your personal use, and will require a username and password (“Account Credentials”). Your Account Credentials are personal to You, and You are solely responsible for maintaining the confidentiality of Your Account Credentials, and for all activities that occur under Your account. You shall: (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data You provide; (b) maintain the confidentiality of Your Account Credentials; (c) prohibit anyone else from using Your Account Credentials and agree to immediately notify BI of any actual or suspected unauthorized use of Your Account Credentials or other security concerns of which You become aware; and (d) comply with all applicable local, state, and federal laws in using the Services.
1.13 These Terms apply to the App, including any updates or supplements thereto. BI may change or revise these Terms from time to time in its sole discretion, with or without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions. Your access and use will be subject to the most current version of the Terms. Your use of the App after such revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be bound by them.
1.14 From time to time, updates to the App may be made available through the App Store and Google Play Store. Depending on the update, and whether you utilized the App Store or Google Play Store to download and access the App, you may not be able to use the App until you have installed the latest version.
1.15 You confirm that you are of legal age (18) in your country to form a binding contract and hereby agree to be bound by these Terms.
1.17 Electronic Communications. When You use the App or Services, or send emails, messages, and other communications from Your desktop or mobile device to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that We provide to You electronically, satisfy any legal requirement that such notices and other communications be in writing. BI may contact You by telephone, mail, or email to verify Your account information. BI may request further information from You and You agree to provide such further information to ensure that You have not fraudulently created Your account. If You do not provide this information in the manner requested within 14 days of the request, BI may suspend, discontinue, or deny Your access to and use of the App and the Services until You provide the information to Us as requested.
1.18 Consent to Receive Calls and Text Messages. By providing Your mobile number, you are agreeing to be contacted by or on behalf of BI at the mobile number you have provided, including calls and text messages, to receive Service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Services. Message and data rates may apply.
The Content of the Services, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Services may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by BI. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content, or other proprietary information (including, without limitation, images, text, page layout, or form) of BI without our express written consent
2. THIRD PARTY CONTENT
2.1 The App may contain links to independent third party websites or other applications (“Third Party Sites”). Third Party Sites are not under our control, and you agree that we are not responsible for and do not endorse or monitor their content or privacy policies (if any). We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of Third Party Sites.
4. LICENSE RESTRICTIONS
4.1 Except as expressly permitted under these Terms, and unless prohibited by applicable law, you agree:
(a) not to copy, reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the App, including without limitation for public or commercial purposes, including any text, images, audio and video, except as permitted by the App’s sharing function;
(b) not to rent, lease, sub-license, loan, distribute, time-share, or translate the App in any way;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App;
(e) not to sell, resell, or exploit the App in whole or in part (including object and source code), in any form to any person without prior written consent from us;
(f) not to remove any copyright, trademark or other proprietary rights notices from the App;
(g) that you represent and warrant that you are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.
5. ADDITIONAL RESTRICTIONS
5.1 You agree:
(a) not to use the App in any unlawful manner, for any unlawful or criminal purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App;
(b) not to use the App to record, post or transmit any information that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or is otherwise objectionable or infringes on third party rights;
(c) not to use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using the App (including by hacking or defacing the App); and
(d) not to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App, including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather the App content or reproduce or circumvent the navigational structure or presentation of the App without our prior written consent.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Acknowledge that (i) all intellectual property rights in and to the App belong to BI (ii) the rights granted herein are licensed (not sold) to you, and (iii) you have no rights in, or to, the App or its content other than the right to use the App in accordance with these Terms.
6.2 In the event that you elect to share information with BI through the App’s “Chat” function, you agree and acknowledge that (i) all information supplied by you is either original to you, or you have the right to share it with BI, (ii) BI may utilize the information you supply, in whole or in part, in any manner in connection with the App, (iii) any modifications or improvements made to the App or services as a result of your feedback are owned and controlled solely by BI, (iv) you have no right, title or interest in or to the App as a result of sharing your feedback. Do not submit any confidential, proprietary or personal information through the APP “Chat” function.
6.3 All trademarks, service marks, trade names, and logos are proprietary to the BI or used by BI with the permission of its third party providers. Nothing contained on in this App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of BI. Your use of the trademarks displayed in this App, or any other content in this App, except as provided herein, is strictly prohibited. You acknowledge that you have no right to have access to the App in source code form.
7.1 The App is provided ‘as is’ and, to the extent permitted by applicable law, BI and its’ directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Any reliance on or use of the App shall be at your sole risk. BI , the App Store and the Google Play Store, shall not have any obligation to furnish any maintenance and/or support services with respect to the App. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of the App.
7.2 We make no representation or warranty as to the completeness, accuracy or currentness of information or content provided in the App. Such information is also subject to change at any time without notice.
7.3 We do not warrant that the functions contained in the App will be uninterrupted or error-free, that defects will be corrected or that the App is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the App. You agree to conduct your own due diligence to assess the accuracy, reliability and quality of all content provided by the App.
7.4 You (and not us) assume the entire cost of all necessary servicing, repair or correction in respect of your Device.
8.1 We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the App without notice for any reason without liability to you, except where prohibited by applicable law.
8.2 In addition, you acknowledge that the App is provided over the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the App. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App. In the event you choose to share information from the App by utilizing SMS/text functionality, you acknowledge and agree that you (and not us) are responsible for paying any related fees that may be charged to you by your network or telecommunications provider.
9. LIMITATION OF LIABILITY
9.1 You agree that you use the App and/or any Third Party Sites at your own risk. You further understand and agree that we are not responsible or liable for your illegal, unauthorized, or improper use of information transmitted, monitored, stored or received using the App.
9.2 To the fullest extent permitted under applicable law, in no event shall we be liable to you personally for any loss, injury or damages (including but not limited to any special, indirect, consequential or punitive damages, lost profits, lost revenues or other incidental damages) arising out of the use, inability to use, or the results of use of the App.
10.1 To the extent permitted by applicable law, you agree to indemnify us for any claims, actions, demands, losses, liabilities, damages, costs and expenses (including legal expenses and other costs, such as attorneys’ fees) reasonably incurred by us that arise out of your use of the App in breach of these Terms. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of the App and you agree to assist and co-operate with us in relation to any such claim.
11.1 BI may discontinue, suspend or modify the App at any time without notice and may block, terminate or suspend your access to the App at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others. Upon termination, you must cease use of the App and remove it from all applicable Devices.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.
13. THIRD-PARTY BENEFICIARIES AND APP STORE / PLAY STORE
13.1 With respect to downloading the App, you agree to comply with the App Store Rules and Google Play Store Rules, as applicable. You acknowledge that the availability of the App may be dependent on the App Store or Google Play Store from which you receive the App. You acknowledge these Terms are between you and BI and not with the App Store or Google Play Store. The App Store and Google Play Store are not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You acknowledge that the App Store and Google Play Store (and their respective subsidiaries) are third party beneficiaries to these Terms and will have the right to enforce these Terms against you.
14. DISPUTE RESOLUTION, LAW AND JURISDICTION
14.1 You and BI agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a single neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. The arbitrator can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
14.2 To the extent permitted by applicable law, these Terms are governed and construed by the laws of the state of Illinois, U.S.A. and you consent to the exclusive jurisdiction of the Illinois courts. We retain the right to bring proceedings against you for breach of these Terms in your country of residence or other relevant country.
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or your obligations under these Terms. You may not transfer your rights or obligations under these Terms.
15.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
15.3 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
15.4 These Terms constitute the entire agreement between us with respect to your use of the App. Such Terms supersede all prior understandings or agreements between us. In addition, in entering into these Terms you have not relied on and (in the absence of fraud) you shall have no right or remedy in respect of any statement, representation, assurance or warranty other than as set out in these Terms.
15.5 Except to the extent specified in sections 13.1 and 15.1 hereof, or otherwise permitted by applicable law, a person or entity who is not party to these Terms may not enforce these Terms.
15.6 No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.
This Non-Disclosure and Non-Compete Agreement (“the Agreement”) is entered into between: (1) Beyond Inflammation (BI), Inc., an Illinois corporation (“BI”), and (2) ENTER CLIENT NAME AND ADDRESS (“Client”).
WHEREAS, BI and its founder, Dr. Patrick Angelo, Jr. (“Angelo”)(together BI and Angelo are referred to herein as “Provider”) have developed a copyrighted weight loss and wellness program, BEYOND INFLAMMATION© (“the Program”) to provide proprietary instruction on weight loss methodologies, together with related special diet products, services, technologies and applications;
WHEREAS, Provider has agreed to provide a training course and related consultation to the Client;
WHEREAS, in consideration of Provider offering the Client personal instruction and training with regard to the Program, and in recognition of the fact that Provider would not have agreed to provide access to and instruction regarding the Program absent the Client having agreed to execute this Agreement, the Client agrees as follows:
Non-Competition. The Client agrees that the Client shall not, without the prior written consent of Provider directly or indirectly own, manage, operate, control or participate in any manner in the ownership, management, administration of, or serve as a partner, employee, principal, clinical or business consultant, have any financial interest in, or otherwise perform services for the benefit of any other person or entity that operates or markets weight loss methodologies incorporating elements of the Program pursuant to this Agreement and/or offering special diet related products, services, technologies and applications incorporating elements of the Program for a period of five years following the expiration of the Term of this Agreement anywhere in the United States.
Non-Disclosure. The Client further agrees that the Client shall not, without the prior written consent of Provider directly or indirectly, divulge, disclose or make available or accessible any information about the Program, the Program methodologies, know-how, processes, practices and approaches. The Client further agrees that any information written or associated with the Program which Provider shares with the Client during Provider’s instruction shall remain the exclusive property of Provider.
Liquidated Damages. The Client further agrees that it would be difficult to accurately determine the full extent of the damages which Provider would sustain as a result of the Client and Client’s breach or violation of this Agreement, and that damages would be difficult to prove. In the event of a breach of this Agreement, therefore, the Client agrees to pay Provider an amount equal to fifty percent of any gross revenues derived from the breach of this Agreement.
Severability. It is expressly understood and agreed that the Client considers the restrictions contained in this Agreement to be reasonable. If a final judicial determination is made by a court of competent jurisdiction that the restrictions contained in this Agreement are unenforceable against the Client and/or its enrolled participants, the provisions of this Agreement shall not be rendered void but shall be deemed amended to apply to such maximum time and territory and to such maximum extent as such court may judicially determine or indicate to be enforceable. Alternatively, if any court of competent jurisdiction finds that any restriction contained in this Agreement is unenforceable, and such restriction cannot be amended so as to make it enforceable, such finding shall not affect the enforceability of any of the other restrictions contained herein.
Injunction. The Client agrees that, in the event of a breach or threatened breach of this Agreement, in addition to any remedies at law, Provider, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available. Additionally, Provider shall be entitled to reasonable attorneys’ fees, expenses, and costs incurred in connection with enforcing Provider’s rights under this Agreement.