Information We Collect
We collect information that personally identifies you, such as your name, phone number, e-mail, mailing address, date of birth, credit or debit card number for payment purposes, and other personally identifiable information that you choose to provide to us (“Personal Information”). We may also collect your medical information, including but not limited to health assessment responses, blood test results, and consultation and treatment notes. We collect this information directly from you when you create an account or interact with us and through the services we offer.
Usage Data and Platform Activity
We automatically collect information regarding the actions you take on the Platform (“Usage Data”). For example, each time you use the Platform we automatically collect the type of Web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to the Platform. We use this information to help us understand how people use the Platform, and to enhance the services we offer.
Cookies and Anonymous Identifiers
We use Google Analytics on the Platform to collect Usage Data, to analyze how users use the Platform, and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.
How We Use Your Personal Information
We may use your Personal Information to: (i) contact and interact with you, including to respond to your requests (for instance in case you applied for employment); (ii) provide important notices and updates, such as changes to our terms and policies, security alerts and administrative messages; (iii) operate our business, comply with applicable laws, regulations and guidance, including federal, state, and local public health reporting; comply with demands or requests made by regulators, governments, courts and law enforcement authorities; and investigate and take action against illegal or harmful behavior of users; and (iv) improve our day-to-day operations.
How We Share Your Personal Information
We may establish a business relationship with other businesses whom we believe trustworthy and who provide services on our behalf (“Service Providers”). For example, we may contract with Service Providers to provide services, such as hosting and maintenance, data storage and management, analytics, customer service, and marketing and promotions. We only provide our Service Providers with the Personal Information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us.
Compliance with Laws and Law Enforcement
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property, or rights of our company or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.
Your California Privacy Rights
Third-party Marketing and Selling. We do not provide your information to third parties for their direct marketing purposes.
Do Not Track. We may collect information about your usage and activity through cookies. Some web browsers or smartphones have the ability to set “Do Not Track” requests to block user activity from being tracked across web pages or devices. Our Platform does not recognize “Do Not Track” browser signals.
Restriction of Your Personal Information
Where you are given the option to share your Personal Information with us, you can always choose not to do so. If you have provided your Personal Information for our use, and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. This could mean that we may not be able to perform the actions necessary to achieve the purposes as set out in the section “How We Use Your Personal Information” above or that you are unable to make use of the services and products offered by us.
Be Careful When You Share Information with Others
Please be aware that whenever you share information on any public area of the Platform, that information may be accessed by others. In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.
We maintain reasonable physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Platform, we cannot and do not guarantee the security of any information you transmit on or through the Platform, and you do so at your own risk.
The Platform is intended for users who are 18 years old or older. We do not knowingly collect Personal Information directly from children under the age of 18. If we become aware that we have inadvertently received Personal Information from a child under the age of 18, we will delete such information from our records. If you believe we may have collected information from a child under 18, please contact us at support@fountainTRT.com.
Retention and Destruction
To the extent permitted by applicable law, we will retain your Personal Information only for as long as we believe it is necessary to fulfill the purposes for which it was collected, including for the purpose of meeting any legal, accounting, or other reporting requirements or obligations. After such time, we will destroy your Personal Information in accordance with state and federal laws.
Terms and Conditions of Use
Fountain Wellness, LLC (“Fountain,” “Company,” “we,” or “us”) operates a website and other messaging platforms that are operated by us directly or through our vendors, on behalf of certain medical practices and providers (the “Platform”). The terms “you” and “yours” refer to the person using the Platform. The Platform is intended to facilitate the provision of the Services to registered users. The “Services” may include (i) providing individuals with information on health care related to the assessment and treatment of individuals’ testosterone levels and related medical conditions; (ii) facilitating individual assessments and blood tests; and (iii) an online communication platform as a means of direct access to health care providers provided by contracted medical practices and providers (the “Providers”) and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers.
You understand that Fountain provides administrative services to the Providers, each of which are independently owned by licensed physicians. Fountain does not own any of the medical practices, employ or in any way supervise or control the Providers providing care. The care provided by a Provider is the sole responsibility of each independent entity and the Providers. Any consents to treatment obtained by Fountain through the Platform are on behalf of the Providers. You agree to the terms of any such informed consents and agree to Fountain facilitating the collection of such informed consents on behalf of the Providers. We offer an online platform for individuals to coordinate access to care. The Platform organizes information you submit on your medical status for use by your Provider and facilitates scheduling of your medical services. Fountain does not provide medical advice or care. Fountain contracts with Providers, who are independently licensed individuals who provide clinical services. Providers are not contracted or employed by Fountain. The Providers, and not Fountain, are responsible for the quality and appropriateness of the care they render to you. The Providers are independent of Fountain and are merely using the Platform as a way to coordinate access for you. Any information or advice received from a Provider comes from them alone, and not from us. Your interactions with the Providers are not intended to take the place of your relationship with any other of your health care practitioners or primary care physician. Neither Fountain, nor any of its subsidiaries or affiliates or any third party who may promote the Platform or Services, shall be liable for any professional advice obtained from a Provider, nor any information obtained on the Platform. You acknowledge that your reliance on any Providers or information delivered by the Providers is solely at your own risk and you assume full responsibility for all risks associated herewith. Fountain does not make any representations or warranties about the training or skill of any Providers who deliver clinical services, nor does Fountain represent that services are available in all states. The content of the Platform and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by us, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.
IMPORTANT INFORMATION ABOUT YOUR USE OF THE SERVICE
Your interactions with the providers via the Platform are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. DO NOT USE THIS SITE FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, call 911 immediately.
Payments and Recurring Payments. You understand that Fountain does not provide health care services; and except as otherwise explicitly stated herein, Fountain will collect and remit all payment amounts (including any recurring payments) you are charged for the Services rendered by Fountain and the Providers from which you receive care and any pharmacies that work with the Platform to such the Providers and pharmacy. You agree to timely make payments. The clinical laboratory provider which performs your blood test during the course of receiving treatment from a Provider will bill either your managed care plan, other third-party payer, or will bill you directly for the cost of the blood test. You understand by providing your payment information on the Platform, including but not limited to any credit card information or credit card hold information for current or future payments, you authorize Fountain to charge or facilitate the charge of the credit card or other payment method, including for automatic recurring payments, for all items and/or services you receive or are scheduled to receive through the Platform. You understand that the cost of Services, including medications, are final and not refundable. You also understand that you will not be able to receive refunds for treatments and for medications, even if they are unused. You understand that Fountain and the Providers reserve the right to discontinue service if you are delinquent on any payments, for which you are responsible. Fountain may use third-party services for the purpose of facilitating payment and the completion of the purchases for health care services, rendered by the Providers. By submitting your payment information, you grant Fountain the right to provide information to these third parties. You represent and warrant that that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
Use of the Platform and the Service. You are responsible for your use of the Platform and Service, and for any use of the Platform or Service made using your account. You understand that it is your duty to provide Fountain truthful, accurate, and complete information. We prohibit certain kinds of conduct that may be harmful to users or to us. When you use the Platform or Service, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- upload or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- attempt to circumvent any technological measure implemented by us or any other third party to protect Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services;
- access the Services for use outside of the United States of America; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Security. Your personal information will be stored in a reasonably secure manner. Fountain has contracted with vendors to implement a variety of commercially reasonable standard encryption and security technologies and procedures to protect your personal information from unauthorized access. Fountain, through its vendors, also maintains standard physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information.
Operation and Record Retention. By using the Platform, you understand and agree that Fountain reserves complete and sole discretion with respect to the operation of the Platform or Service, and that Fountain may, among other things withdraw, suspend or discontinue any functionality or feature of the Platform or Service. Subject to applicable law, Fountain reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Service pursuant to their internal record retention and/or destruction policies.
Notice Regarding Your Financial Responsibility for Services. Fountain is not enrolled with or a participating provider with any third party payor, including, but not limited to, any federal or state healthcare program (i.e., Medicare, Medicaid) for the provision of any healthcare services or supplies and, as such, Fountain may not receive payment from such programs for the services or products provided to you by Fountain. By choosing to use the Service, you are specifically choosing to obtain products and services on a cash basis outside of any third party insurance (including, but, not limited to, any federal or state healthcare program);. Fountain does not make any representations or guarantees relating to reimbursement for the Service provided hereunder by any third party payor. Thus, to the extent applicable, you are solely responsible for the costs of any service or product provided to you. By agreeing to use the Service, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any insurance program and you have sole financial responsibility for all services or products provided to you by or through the Service, and (2) Fountain will provide you, upon request, with a bill that you can choose to submit to an insurance program or third party payor for the costs of the services and products provided to you through the Service.
Communications Consent and Communications Risks of Using the Platform. Communications from applications or websites like the Platform can be sent to the wrong person, lost, or subject to other sending or security errors. All communications sent over an Internet connection, including through use of the Platform, are inherently vulnerable to hacking, theft, unauthorized access and/or disclosure, misdirection, loss of data, corruption of data, delays or interruptions in communication, and reductions in quality due to lack of or reduction in broadband access and reliability. In the event of a technological disruption, an alternative communication pathway may be recommended. Anyone who has access to the Platform or any electronic communications can read, forward, copy, delete, or change the message, view your personal information and know/assume messages are from us. This includes those with permission to access such messages and those without. By using the Platform and related electronic communications, and by providing your contact information, such as your address, email address, or mobile/other phone number(s), you consent and are agreeing to receive information about your health as well as additional informational and marketing communications from us. You also understand and agree such communications can be electronic and can include but are not limited to: information on our services and programs, surveys, and educational information. You agree you have read and accept the described risks. You also acknowledge and accept that if you allow sharing of the Platform or related Platform communications to any third party, they may no longer be protected by our privacy and security policies. You also understand and accept that message/data rates may apply for the messages described in this consent.
Trademarks. Certain names, logos, and other materials displayed on the Platform may constitute trademarks, trade names, service marks or logos (“Marks”) of Fountain or other entities. You are not authorized to use any such Marks without the express written permission of such entities. Ownership of all such Marks and the goodwill associated therewith remain with the owning entities or their authorized licensees.
Termination. Fountain may suspend or terminate your use of the Platform for any reason at any time. Subject to applicable law, Fountain reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or content destruction policies. After such termination, Fountain will have no further obligation to provide the Service.
Links. This Platform may contain links to other web sites. Please note that when you click on any of these links, you are entering another web site for which we have no responsibility or control. The inclusion of any link does not imply affiliation, endorsement, or adoption by us of the linked site or any information contained therein. We encourage you to read the terms and conditions, data-gathering practices, and privacy policies of all linked sites as they may materially differ from ours. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this Platform. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses, and other destructive items.
DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY.
THE SITE, ITS CONTENT, ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, FOUNTAIN AND ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, AND/OR SUPPLIERS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. IN ADDITION, CERTAIN INFORMATION MAY BE UPDATED FROM A SOURCE OTHER THAN FOUNTAIN AND ITS AFFILIATES AND FOUNTAIN AND ITS AFFILIATES DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION. FOUNTAIN AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY INFORMATION OR CONTENT SUBMITTED OR POSTED ON THE SITE, NOR DOES FOUNTAIN ENDORSE ANY OPINIONS EXPRESSED BY OR AFFILIATED WITH ANY USER WHO HAS SUBMITTED CONTENT ON THE SITE.
FOUNTAIN IS NOT LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, RESULTING FROM ANY USE OF OR RELIANCE ON, THE CONTENT, THE SITE, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE SITE, THE SERVICE, OR ANY PRODUCTS OR SERVICE PURCHASED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF FOUNTAIN HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF FOUNTAIN’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE, OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE SITE AND THAT FOUNTAIN AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE.
FOUNTAIN AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY SUCH INJURY OR HARM IS THE RESULT OF FOUNTAIN’S OWN NEGLIGENCE; OR (h) FAILURE TO FOLLOW INSTRUCTIONS PROVIDED BY FOUNTAIN AND ITS AFFILIATES IN THE DELIVERY AND RECEIPT OF SERVICES.
IN THE EVENT OF ANY PROBLEM WITH THIS SITE, THE SERVICE, THE CONTENT OR THE SOFTWARE, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USE OF THE SITE. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCT PURCHASED THROUGH THIS SITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF THAT PRODUCT OR SERVICE IN ACCORDANCE WITH THE MANUFACTURER'S OR SUPPLIER'S WARRANTY OR TO SEEK A REFUND OR REPLACEMENT IN ACCORDANCE WITH OUR REFUND POLICY.
The foregoing disclaimer of implied warranties or liabilities, including the scope and duration of such warranties and the extent of Fountain ’s liabilities, shall apply to the fullest extent permitted by law.
This arbitration agreement does not preclude you or Fountain from seeking action by federal, state, or local government agencies. You and Fountain also have the right to bring qualifying claims in small claims court. In addition, you and Fountain retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Digital Millennium Copyright Act of 1998 (the “DMCA”). We respect the intellectual property rights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the Platform has infringed your intellectual property rights. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"). Notice should be sent or emailed to: support@fountainTRT.com.
To be effective the notification should include:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Platform;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Platform without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.