MPOWER WELLNESS TERMS AND CONDITIONS OF SERVICE

Updated April 14 2025

These MPower Wellness Terms and Conditions of Service (“Terms”) govern your use of in person, virtual, telephonic or use of website, all related software products, and the services described in more detail below (“Services”).

 

Do NOT use any form of communications with MPower Wellness for emergency or urgent medical matters. For all urgent or emergency matters that you believe may immediately affect your health, you must immediately call 911 or go to the nearest emergency room or urgent care facility.  Medical/healthcare professionals are not a replacement for primary care physicians.  They serve as specialist to care for obesity and other lifestyle related chronic conditions.

 

Please read the entire Terms carefully before using the Services.

By using the Mpower Services you agree to be bound by these Terms and any applicable Privacy Policy. If you are accepting these Terms for another person as such person’s guardian, conservator, or custodian, and/or as parent of a minor child, you agree to these Terms, conditions, and notices contained or referenced herein on behalf of such person.

 

If you do not agree to these Terms, you should immediately cease all use of and access to the Services.

By using the Mpower Wellness Services, you expressly agree to the following:

 

I understand that in-person or online consultation will be provided by a healthcare professional assigned by Mpower that may include Physicians, nutritionist, therapist, trainers or coaches. These sessions may be in person or virtual, they may be live or recorded. The sessions may be private or performed in groups.  Should it be a group session Mpower Wellness will abide by all HIPPA regulations and no medical information will be discussed or made public during a group session.  Attached consent forms must be filled out and signed to discuss medical information with medical professionals in private sessions.

 

I, the undersigned, is a person who is authorized to give consent for the patient, has read the above notice and acknowledges that Mpower wellness is a lifestyle and obesity specialist program and not responsible for overall medical care of minors in the program. 

 

Mpower wellness its owners, providers, officers and staff have no liability or responsibility for any errors that may occur in the electronic transmission of medical information between a patient and Mpower Wellness LLC.  Patient and families will be fully responsible for providing accurate medical history/information as needed by the providers of this program.  Mpower will not be liable for any errors associated with incorrect or incomplete medical information or disclosure.  Participation in this program is no guarantee of reaching health care targets or weight loss.

As a condition to entering this program, I have read and acknowledge

the above limitations of liability. By accepting and agreeing to these Terms, I acknowledge and agree to assume the risks of the limitations set forth herein.

 

1. Services and Permission

 

The “Services” include the delivery of healthcare services using technology when the healthcare provider and patient are not in the same physical location, and/or the virtual delivery of healthcare services, including by a medical provider or via digital or automated tools.

 

The Services may be used for diagnosis, treatment, care, follow-up and/or patient education, and may include, without limitation, the following: electronic transmission of patient medical records to primary care physician or other medical specialist,  medical images, and/or other patient data or information; synchronous and asynchronous interactions via audio, video, text, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output, transmission or exchange of data from medical devices, sound and video files.

 

You understand that virtual encounters via phone, email, video, or otherwise, could involve, and you hereby consent to the use of, automated tools for diagnosis, care, treatment or communication pertaining to program matters. You also acknowledge that such virtual encounters may involve care by a variety of medical providers and other support or medical personnel.

You give permission to record and process your personal details and medical data. You may withdraw these permissions at any time by written consent to not record or use medical information for marketing or research purposes.  

As a condition to entering this program, I have read and acknowledge

the above limitations of liability. By accepting and agreeing to these Terms, I acknowledge and agree to assume the risks of the limitations set forth herein.

 

 

2. Updates to the service terms or pricing

 

We may modify these Terms from time to time.

 Mpower wellness must have your email on file and will notify you of material changes to the Terms by email. Please make sure we have your current email address so that you will receive notice of any material changes. These changes may include but not limited to changes to scheduling, length of program, number of encounters, or price.

 

If you continue using the Services after the effective date of a published change, you will be bound by the updated Terms.

 

3. Your Financial Responsibility; Assignment of Benefits

 

You agree to pay for all applicable charges at the prices then in effect for the Mpower Wellness Services provided to you or another person on whose behalf you are accepting these Terms and/or payment responsibility (such as your children or other family members).

 

You will be charged for the Services, and you authorize us to charge your chosen payment method (your “Payment Method”) for services provided.  Payment methods accepted will be credit or debit card or Automatic Clearing House transaction (ACH) from a checking or savings account.  Payment due dates are determined by the pricing selected at time of commencement of the program, Payments are due in full and are not refundable.

 

If you choose a 3,6 or 12 month commitment at a reduced cost, you are committing to the entire term.  The entire balance of the plan will be due, leaving the program, no-shows, late or missed appointments will not be credited or reimbursed.

 

 

If your Payment Method is invalid at the time payment is due, you agree to pay all amounts due upon demand. Any late payments may be subject to a late payment penalty or other payment charges that are independent of these Terms, and you agree to comply with all those terms set forth by your bank or credit card.

 

We reserve the right to correct any billing errors or mistakes even if payment has already been requested or received.

IF Mpower Wellness LLC program is billing your PPO insurance, that is in network with our providers, it is the parent or guardians’ responsibility to provide information about your health insurance or health plan.  Any errors in information can lead to rejection of claim and any rejected claim will become the liability of the parent or guardian.  MPower will bill insurance based on standard accepted billing practices, Should your PPO insurance not cover our services that will also become the liability of the parent or guardian.  Any PPO commercial insurance claim will be billed out under MP Pediatrics S.C.  

 

4. Permission to Treat

 

You give permission to Mpower Wellness LLC Physician(s), to treat lifestyle and obesity issues with the patient.  You may withdraw this consent at any time by no longer seeking Mpower Wellness Services.  IN order to take part in the use of medications patient must reside in the state of Illinois, or the state that your individual prescribing provider has certification.

5. License to the Services

 

Subject to these Terms, we grant you a personal, nontransferable, nonexclusive, revocable, l access and use the Services for your personal, non-commercial medical needs. All other rights are expressly reserved.

You acknowledge that the Mpower Wellness Services and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Mpower Wellness Services.

We may terminate this license at any time for any reason. If you breach any of these Terms your license to the Mpower Services terminates immediately. Upon termination, you must stop using the  Services, including all websites and related software products.

6. Use of Telemedicine Services

 

By accessing the Mpower Wellness Services, you agree:

• not to use the Services in any way not explicitly permitted by these Terms or the text, images, videos or information located in any form of Mpower Services.
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• not to copy, modify or create derivative works involving the Services;
• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
• upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
• not to misrepresent your identity or provide us with any false information in any information-collection portion of the Services, such as a registration or application page;
• not to take any action intended to interfere with the operation of the Services;
• not to access or attempt to access any portion of the Services to which you have not been explicitly granted access;
• not to share any password assigned to or created by you with any third-parties or use any password granted to or created by a third party;
• not to directly or indirectly authorize anyone else to take actions prohibited in this section;
• harvest or otherwise collect information about others, including e-mail addresses, without their consent;
• violate any applicable laws or regulations; and
• to comply with all applicable laws and regulations while using the Telemedicine Services or any related websites or software products.

 

 

7. Termination

 

We may terminate your use of the Mpower Services at any time in our reasonable discretion, for causes including but not limited illegal conduct such as falsifying information to obtain or misuse prescribed medications, abusive and threatening behaviour, and continued refusal to pay for our services.

We may terminate your use of our Services by sending notice to you at the email address you provided to us or by otherwise contacting you.

 

 

8. Consent to Electronic Communications

 

You agree that we may send the following to you by email or by posting them on our website and any relate software products: legal disclosures; these Terms, HIPPA documentation, changes to any of the above; and other notices, policies, communications or disclosures and information related to the Services.

You agree that we may contact you via secure messaging, email, phone, text, or mail regarding the Services. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy.

 

 

9. Disclaimers

 

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE SERVICES.

The Services are intended for use and will be governed by the federal laws of the United States and the state laws of the state of Illinois. We make no representation that the Services are available for use outside the U.S. at this time.  

10. Limitation of Liability

 

THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES AT ANY TIME.

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOST PROFITS OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE TELEMEDICINE SERVICES OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOU AGREE THAT YOU USE THE SERVICES AT YOUR OWN ACCORD. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MPOWER WELLNESS SERVICES.

 

11. General Provisions

 

These Terms make up the entire agreement relating to your use of the MPOWER WELLNESS Services, and supersede all prior agreements relating to the subject matter hereof.

We may change, suspend, or discontinue any of the Services at any time. We will try to give you prior notice of any material changes to the Services.

We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

We may change, suspend, or discontinue any of our partnerships, at any time. We will provide you with notices of such changes as applicable.

You may not transfer any of your rights or obligations under these Terms to anyone else without our consent. We may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.