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Terms of Use
IF THIS IS A MEDICAL EMERGENCY OR CRISIS SITUATION, DIAL 9-1-1 IMMEDIATELY.
REWAKEN LIFE LLC®.
TERMS OF USE
These Terms of Use were last updated: January 23, 2025
Carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of Rewaken Life LLC®. (“Rewaken Life®,” “we,” “us,” and “our”) Platform. Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the following:
www.RewakenLife.com (our “Website");
the Rewaken Life® mobile application (our “Mobile Application”); and
the services (“Services") made available through our Websites and Mobile Applications.
The non-medical business support services and our Websites are collectively referred to as our “Platform.”
Rewaken Life® contracts with MD50 aka DocuSpa (“MD50 aka DocuSpa"), and all members of MD50’s aka DocuSpa’s affiliated covered entities (collectively, “Medical Group”), which are independent medical groups with a network of United States based health care providers (each, a “Provider”) to provide online telehealth clinical consultations, services, and/or treatment. The professional medical services provided by Medical Group through the use of our Platform are collectively referred to in these Terms of Use as the “Services.”
Binding Arbitration. These Terms of Use provide that all disputes between you and Rewaken Life® that in any way relate to these Terms of Use, the Platform, and/or the Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Rewaken Life®.
1. SERVICES PROVIDED – NO MEDICAL CARE OR ADVICE
Rewaken Life® is not a medical group and does not provide medical, nutritional, dietary, behavioral or other advice, treatment, or care. Rewaken Life® provides administrative and management services to independent, physician-owned and operated, medical practices. Any telemedicine consults obtained through our Platform are provided by Providers, including but not limited to Medical Group. Medical Group is owned and operated by a licensed physician. There is no single provider of medical care called “Rewaken Life®.” Medical Group engages a network of United States based clinicians who provide clinical telehealth services. The Providers deliver clinical services via the Platform to their patients. Rewaken Life® does not provide medical advice or care, own or operate the medical practices, employ or in any way supervise the clinicians providing medical care, and control over the care provided is the sole responsibility of the independent medical practices and the Providers they employ. Services and practices may vary across Providers, and patients should contact the Providers at Medical Group directly for all questions concerning their medical care.
The Services and medical care provided by Medical Group are not intended to be a substitute for care and treatment provided by your local primary care provider. We strongly recommend all patients maintain a relationship with a local primary care provider for their ongoing medical care and treatment.
2. NOT FOR EMERGENCIES
Our Platform and the Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform. If you believe you are experiencing an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary 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.
3. RISK OF TELEHEALTH SERVICES
By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of the privacy of your health information.
4. TERMS OF SALE
Shipping: When you make a purchase of our products (“Products") on the Site (an “Order"), you will be required to pay applicable shipping and processing charges and fees (“Fees"). Note that shipment of certain Products, such as supplements, may come from third parties acting on our behalf. Fees are intended to compensate us for any relevant costs of processing your Order; costs of handling and packing any Products; and costs of delivering or providing the purchased Products and Services to you.
Billing, Returns, and Refunds: For additional details on billing, returns and refunds, please see our Billing, Returns and Refunds Policy here.
Special Offers: Occasionally we will offer special promotions to our customers that we refer to as “special offers.” This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a Product purchase. These offers may be for a limited time only.
From time to time, we may also offer you free trials of our subscription Services. Unless you cancel your subscription at the end of your free trial, you will automatically become a paying user for the subscription Services. The payment method that you provided will automatically be charged the current subscription fee monthly, unless you cancel before the next billing cycle. If you wish to cancel your subscription after the end of your free trial period or at any time during your subscription, you may do so by logging into your account and following the cancellation instructions at least one day before the next billing cycle.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
5. ADDITIONAL TERMS
Some of our Services have additional terms and conditions (“Additional Terms”). If Additional Terms apply to a Service, we will make them available for you to read through for your use of that Service. By using that Service, you agree to the Additional Terms. All such Additional Terms are hereby incorporated by this reference into these Terms of Use.
6. PRIVACY PRACTICES
You agree that information provided by you in connection with the Platform and the Services shall be governed by the Privacy Policy, which is hereby incorporated and made part of these Terms of Use.
7. PRESCRIPTION PRACTICES
Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Platform, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.
If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill the prescription at any pharmacy of your choice as prompted during your use of the Services.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. We fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your Provider to transmit that prescription to the pharmacy of your choice.
8. NOT AN INSURANCE PRODUCT
We are not an insurer, nor do we offer an insurance plan or product. The amounts you pay to us for any Services obtained through the Platform are not insurance premiums.
9. OWNERSHIP OF THE PLATFORM
The Platform contains confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features and functionality, and the design, selection and arrangement thereof, are owned by Rewaken Life®, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content").
These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, including but not limited to Content, except: (a) your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your web browser for display enhancement purposes; and (c) you may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not: (x) modify copies of any materials from the Platform or received through the Services; (y) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (z) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform.
You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Rewaken Life® without our express written consent.
You must not access or use any part of the Platform or any services or materials available through the Platform for outsourcing for others or as part of a service bureau business so otherwise for the benefit of unaffiliated third parties who pay directly for its benefit or for other similar commercial purposes, or otherwise exploited for any commercial purpose without express written consent of Rewaken Life®.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Rewaken Life®. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
10. AVAILABILITY OF SERVICES
Rewaken Life® operates subject to state and federal regulations, and the Platform may not be available in your state. You represent that you are not a person barred from accessing the Platform, or enrolling in 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 Platform is limited exclusively to users located in states within the United States where the Platform is available. Services are not available to users located outside the United States. Accessing the Platform from jurisdictions where content is illegal, or where we do not offer the Platform, is prohibited.
11. ACCESS TO PLATFORM, SECURITY, AND RESTRICTIONS; PASSWORDS
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
Except for ADA accessibility purposes, you may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
Violations of system or network security may result in civil or criminal liability. Rewaken Life® will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Platform or any activity being conducted on the Platform.
In the event access to the Platform or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by us. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by FuturHealth at any time with or without cause. You agree to defend, indemnify, and hold FuturHealth harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password.
If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Platform (“User Information”), you agree not to provide any User Information that (x) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (y) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (z) contains or transmits a virus or any other harmful component. You agree not to contact other Platform users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Rewaken Life® and Medical Group that you have the legal right and authorization to provide all User Information to Rewaken Life® and Medical Group for use as set forth herein and required by Rewaken Life® and the Medical Group Provider.
Rewaken Life® or Medical Group may de-identify your information such that it is no longer considered protected health information or personally identifiable information.Rewaken Life® or Medical Group may use, aggregate, sell, or otherwise disclose such de-identified information to third parties for analytics, research, or any other purpose permitted by applicable law.
12. LICENSE TO USE OUR MOBILE APPLICATION (applicable only to the extent that you download the App)
Rewaken Life® grants to you a non-transferable license to use the Mobile Application on your mobile device that you own or control. Rewaken Life® reserves all rights in and to the Mobile Application not expressly granted to you under these Terms of Use. The terms of these Terms of Use will govern any content, materials, or services accessible from or purchased within the Mobile Application as well as upgrades provided by Rewaken Life® that replace or supplement the original App, unless such upgrade is accompanied by a new or revised Terms. You may not transfer, redistribute or sublicense the Mobile Application and, if you sell your mobile device to a third party, you must remove the Mobile Application from the mobile device before doing so. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App).
The license to use our Mobile Application is restricted as follows:
1. Limitations on Copying and Distribution. You may not copy or distribute the Mobile Application except to the extent that copying is necessary to use the Mobile Application for purposes set forth herein.
2. Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the App, except to the extent expressly permitted by applicable law.
3. Sublicense, Rental and Third Party Use. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the App, or directly or indirectly permit any third party to copy and install the Mobile Application on a smartphone or tablet not owned and controlled by you..
4. Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the Mobile Application or its documentation.
5. Use in Accordance with Documentation. All use of the Mobile Application must be in accordance
with its then
current documentation, if any, provided with the Mobile Application or made available onRewaken Life’s® Platform.
6. Confidentiality. You must hold the Mobile Application
and any related documentation in strict confidence for your own use only.
7. Compliance with Applicable Law. You are solely responsible for ensuring your use of the Mobile Application is in compliance with all applicable foreign, federal, state and local laws, rules, and regulations.
13. NO USERS UNDER 18 YEARS OLD WITHOUT PARENTAL CONSENT
In order to access the Platform, you represent and warrant that you are at least 18 years old. If you are under 18 years of age, your parent or legal guardian must agree to these Terms on your behalf and you must get permission from your parent or legal guardian before using our Platform. If you are under the age of 18, do not use or provide any information on or to the Platform or through any of its features without the consent of your parent or legal guardian.
If we learn we have collected or received Personal Information from a child under the age of 18 without verification of parental consent, we will delete it. If you believe we have collected personal information from someone under the age of 18, please contact us using the contact information listed below.
14. YOUR ACCOUNT
You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform and establishing your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.
15. ACCURACY AND INTEGRITY OF INFORMATION
Although we attempt to ensure the integrity and accuracy of the Platform, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Rewaken Life® shall have no responsibility or liability for information or Content posted to the Platform from any unaffiliated third party.
16. ONLINE PAYMENTS
You can pay for Services on the Platform. To simplify the user experience on the Platform, you are able to pay for your purchases via the Platform with Rewaken Life® serving as payment processing agent on your behalf. If you elect to purchase a Service from Medical Group, then the total price you pay includes the amount charged by Medical Group for the Service. We collect the amounts charged by Medical Group on your behalf and pass through to them the payment for their actual charges. Before making a purchase, you will see an itemized invoice listing the actual charges by Medical Group for the Services.
You represent and warrant that if you are making online payments that (a) any payment card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your payment 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 payment card and payment card information.
17. ORDER ACCEPTANCE;
Typographical Errors and Incorrect Pricing
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. You will be charged when you confirm the purchase on our Platform. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.
In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers or business partners, we shall have the right to refuse or cancel any purchase of a Service listed at the incorrect price. We shall have the right to refuse or cancel any such purchase whether or not the purchase has been confirmed and your payment card charged. If your payment card has already been charged for the purchase and your purchase is canceled, we shall promptly issue a credit to your payment card account in the amount of the incorrect price.
18. LINKS TO OTHER WEBSITES
We make no representations whatsoever about any other website that you may access through the Platform. When you access a non-Rewaken Life® website, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to a non-Rewaken Life® website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to the Platform, you do this entirely at your own risk.
19. CONSENT TO RECEIVE CALLS, TEXT MESSAGES, AND AUDIO AND/OR VIDEO RECORDING
Rewaken Life® is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth below. E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM Act and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please contact us using the contact information listed below.
By providing your mobile number, you are agreeing to be contacted by or on behalf of Rewaken Life® at the mobile number you have provided, including calls and text messages, including through the use of an automatic telephone dialing system, and/or an artificial or prerecorded voice, to receive informational, product or service related (e.g., progress tracking, reminders, etc.), and commercial messages and communications relating to the Platform. Message and data rates may apply. To stop receiving text messages text a reply to us with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some of the functions provided by the Platform may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your services.
Rewaken Life® may record (audio and video) all or part of your interaction with us (“Recordings”). Such Recordings are used for quality assurance and training purposes, to better deliver to you the Services, and to help us improve the Platform. By accessing and using our Platform, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.
20. ELECTRONIC COMMUNICATIONS
When you use the Platform, or send e-mails, 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. Rewaken Life®, Medical Group, and your Provider may contact you by telephone, mail, text (SMS), or e-mail to verify your information. Rewaken Life®, Medical Group, and your Provider may request further information from you, and you agree to provide such further information to ensure that you have not fraudulently used the Platform. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the information to us as requested.
21. EXTERNAL SERVICES
The Platform may enable access to Rewaken Life’s® and/or third-party services and websites, including social media websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by the Platform or External Services, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by Rewaken Life® or its agents.
You will not use the External Services in any manner that is inconsistent with the terms of these Terms of Use or that infringes the intellectual property rights of Rewaken Life® or any third-party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that we are not responsible for any such use. External Services may not be available in all languages or in your Home Country and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.
22. NO THIRD-PARTY RIGHTS
Unless expressly stated in these Terms of Use, nothing herein is intended to confer any rights, obligations, duties, or remedies, on any person other than you, Rewaken Life®, Medical Group, and their affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Rewaken Life®, Medical Group, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Rewaken Life®, Medical Group, and its affiliates.
23. DISPUTE RESOLUTION; ARBITRATION AGREEMENT
BY SIGNING THIS AGREEMENT YOU ARE WAIVING YOUR RIGHT TO A JURY
TRIAL AND YOU ARE AGREEING TO ARBITRATE ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR MEDICAL CARE AND TREATMENT
ARBITRATION AGREEMENT FOR CLAIMS ARISING OUT OF OR RELATED TO
MEDICAL CARE AND TREATMENT
1. AGREEMENT TO ARBITRATE CLAIMS REGARDING FUTURE CARE & TREATMENT. The patient agrees that any controversy, including without limitation, claims for medical malpractice, personal injury, loss of consortium, or wrongful death, arising out of or in any way relating to the diagnosis, treatment, or care of the patient by the undersigned provider of medical services, including any partners, agents, or employees of the provider of medical services, shall be submitted to binding arbitration.
2. AGREEMENT TO ARBITRATE CLAIMS REGARDING PAST CARE & TREATMENT.
The patient further agrees that any controversy, including without limitation, claims for medical malpractice, personal injury, loss of consortium, or wrongful death, arising out of or in any way relating to the past diagnosis, treatment, or care of the patient by the undersigned provider of medical services or the provider's partners, agents or employees, shall be submitted to binding arbitration.
3. WAIVER OF RIGHT TO JURY TRIAL. BOTH PARTIES TO THIS AGREEMENT, BY ENTERING INTO IT, ARE GIVING UP THEIR CONSTITUTIONAL RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY, AND INSTEAD ARE ACCEPTING THE USE OF BINDING ARBITRATION.
4. ALL CLAIMS MUST BE ARBITRATED BY ALL CLAIMANTS. All claims based upon the same occurrence, incident, or care shall be arbitrated in one proceeding. It is the intention of the parties that this Agreement bind all parties whose claims may arise out of or relate to treatment or services provided by the provider of medical services, including the patient, the patient’s estate, any spouse or heirs of the patient, and any children of the patient, whether born or unborn, at the time of the occurrence giving rise to the claim. In the case of any pregnant mother, the term “patient” herein shall mean both the mother and the mother's expected child or children. By signing this Agreement, the parties’ consent to the participation in this arbitration of any person or entity that would otherwise be a proper additional party in a court action.
5. ARBITRATION PROCEDURES. The parties agree and recognize that the substantive provisions of the State of Florida laws, rules and regulations governing medical malpractice claims shall apply to the parties and/or claimant(s) in all respects, except that at the conclusion of the pre-suit screening period and provided there is no mutual agreement to arbitrate under Florida laws, rules and regulations. (which remain available if elected by the parties), the parties and/or claimant(s) shall resolve any claim through arbitration pursuant to this Agreement. Within thirty (30) days after a party to this Agreement has given written notice to the other of a demand for arbitration of said dispute or controversy under this Agreement, the parties to the dispute or controversy shall each appoint an independent arbitrator who is a member of the American Health Lawyers Association and give notice of such appointment to the other. Within a reasonable time after such notices have been given the two arbitrators so selected shall select a neutral arbitrator, who shall also be a member of the American Health Lawyers Association and give notice of the selection thereof to the parties. The arbitrators shall hold a hearing within a reasonable time from the date of notice of selection of the neutral arbitrator. The parties agree that the arbitration proceedings are private, not public, and the privacy of the parties and of the arbitration proceedings shall be preserved.
6. ARBITRATION EXPENSES. Each party shall bear the cost of her/its own attorneys’ fees, the costs of presenting her/its case, and her/its arbitrator. Other costs of the arbitration (e.g. of securing a location for the arbitration, neutral arbitrator, court reporter, etc.) shall shared by the parties.
7. APPLICABLE LAW. This Agreement shall be governed by and construed and enforced under the laws of the State of Florida. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in the State of Florida, before a single arbitrator, in accordance with the Rules of Procedure for Arbitration of the American Health Lawyers Association (AHLA) Alternative Dispute Resolution Service, and judgment upon the award rendered by the arbitrator(s) shall be entered in any court having jurisdiction thereof. For the purpose of entering such Arbitration Award as a State Court Judgment, the parties hereto consent to the jurisdiction and venue of an appropriate court located in the State of Florida. A party may initiate such arbitration by making written demand for arbitration on the other party. The demand shall contain a statement setting forth the nature of the dispute, the amount of damages involved, if any, and the remedies sought. The parties agree that only claims asserted pursuant to this agreement will be arbitrated in a proceeding initiated under this section and such claims shall not be consolidated or coordinated in any arbitration action with the claim of any other individual or entity. No claim may be arbitrated on a coordinated, class, mass, collective or consolidated basis. No claim may be brought as a class action or as a private attorney general. In no event will this arbitration clause be interpreted to allow a class action in arbitration. The actual cost of the arbitration, including the fees of the arbitrator(s) shall be borne equally by the parties. In the event that Arbitration (or litigation relating to domestication of Arbitration Award) results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party’s reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one (1) year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable.
8. EFFECT OF REFUSAL TO PROCEED WITH ARBITRATION. In the event that any party to this Agreement refuses to go forward with arbitration, the party compelling arbitration reserves the right to proceed with arbitration, the appointment of an arbitrator, and hearings to resolve the dispute, despite the refusal to participate or absence of the opposing party. Submission of any dispute under this agreement to arbitration may only be avoided by a valid court order, indicating that the dispute is beyond the scope of this Agreement or contains an illegal aspect precluding the resolution of the dispute by arbitration. Any party to this Agreement who refuses to go forward with arbitration hereby acknowledges that the arbitrator will go forward with the arbitration hearing and render a binding decision without the participation of the party opposing arbitration or despite that party's absence at the arbitration hearing.
9. SEVERABILITY. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and shall not be affected by the invalidity of any other provision.
10. ACKNOWLEDGEMENTS BY PATIENT. The patient, by signing this Agreement, also acknowledges that he or she has been informed that:
a. NO DURESS. The Agreement may not be submitted to a patient for approval when the patient's condition prevents the patient from making a rational decision whether or not to agree;
a. AGREEMENT BASED UPON OWN FREE WILL. The decision whether or not to sign this Agreement is solely a matter for the patient's determination without any influence by the medical provider;
a. BINDING ARBITRATION AND EFFECT ON RIGHT OF APPEAL. Binding arbitration means that the parties give up their right to go to court to assert or defend a claim covered by this Agreement. The resolution of claims covered by this Agreement will be determined by a neutral panel of arbitrators and not a judge or jury. Each party is entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitration decisions are as enforceable as any court order. The decision of an arbitration panel is final and there will generally be no right to appeal an adverse decision. However, any party may, within 15 days from a decision of an arbitration panel, file a written request for reconsideration. Any such request for reconsideration shall be based upon (i) a claim that the panel failed to properly apply the law or applicable rules of evidence or (ii) that the procedures specified in this Agreement were not followed. A claim that the panel was incorrect as to the facts, or gave undue weight to certain evidence will not be a basis for a request for reconsideration; and
a. SIGNATURE OF AGREEMENT. This Agreement shall be effective upon the patient's and/or the patient's representative's signature below. Upon such signature, this Agreement shall be deemed to be fully executed and binding upon all parties.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold Rewaken Life® and any affiliates harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (a) your use or misuse of the Platform, Services, or any information posted on the Platform; (b) your breach of the Terms of Use or Privacy Policy; (c) the content or subject matter of any information you provide to Rewaken Life®, Medical Group, or your Provider; or (d) any negligent or wrongful act or omission by you in your use or misuse of the Platform, Services, or any information on the Platform, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
25. DISCLAIMER OF WARRANTIES
Rewaken Life® DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. FUTURHEALTH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND LINKED WEBSITES. FUTURHEALTH DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
Rewaken Life® WILL HAVE NO LIABILITY FOR ERRORS, UNRELIABLE OPERATION, OR OTHER ISSUES RESULTING FROM USE OF THE MOBILE APPLICATION ON OR IN CONNECTION WITH ROOTED OR JAIL BROKEN DEVICES OR USE ON ANY SMARTPHONE OR TABLET THAT IS NOT IN CONFORMANCE WITH THE MANUFACTURER’S ORIGINAL SPECIFICATIONS, INCLUDING USE OF MODIFIED VERSIONS OF THE OPERATING SYSTEM (COLLECTIVELY, “MODIFIED DEVICES”). USE OF THE MOBILE APPLICATION ON MODIFIED DEVICES WILL BE AT YOUR SOLE AND EXCLUSIVE RISK AND LIABILITY.
26. LIMITATION OF LIABILITY REGARDING USE OF PLATFORM AND SERVICES
Rewaken Life® AND ANY THIRD PARTIES MENTIONED ON THIS PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICE, CONTENT, OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF FUTURHEALTH TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM AND SERVICES IS $500 (FIVE HUNDRED DOLLARS).
27. NO LIABILITY OF MOBILE APPLICATION STORES AND OTHER THIRD PARTIES.
Your wireless carrier, the manufacturer and retailer of your smartphone or tablet, the developer of the operating system for your smartphone or tablet, the operator of any application store, marketplace, or similar service through which you obtain the App, and their respective affiliates, suppliers, and licensors (collectively, “Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the App. Rewaken Life®, and not any Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Mobile Application or your use or possession thereof, including claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Third Party terms and conditions. YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APP, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THESE TERMS OF USE OR THE APP, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE MOBILE APPLICATION AND THESE TERMS OF USE. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF USE, CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THIS AGREEMENT WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Mobile Application or your possession and use of the Mobile Application infringes a third party’s intellectual property rights, the Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.
28. FORCE MAJEURE
We will not be deemed to be in breach of these terms or liable or deemed to have defaulted for any breach of these Terms of Use or our Privacy Policy for any failure or delay in fulfilling or performing any term of these Terms of Use, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, pandemic, or epidemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; and (g) other events beyond the reasonable control of Rewaken Life®. We will do our best to communicate with you and to provide notice within thirty (30) days of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. Rewaken Life® shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
29. COPYRIGHT & TRADEMARK INFORMATION
Copyright ©2024 Rewaken Life®, All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
30. REVISIONS; GENERAL
Rewaken Life® reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Rewaken Life® and you pertaining to the subject matter hereof. In its sole discretion, Rewaken Life® may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.
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CONTACT US
If you have any questions, concerns, complaints or suggestions regarding our Terms of Use or otherwise need to contact us, you may contact us at the contact information below:
Address:
Rewaken Life LLC®.
400 North Tampa
15th Floor
Tampa, FL 33602
Phone: (888) 739-2536
CONTACT US
Members: 1-888-739-2536
Monday - Friday:
9am - 5pm EST
10475 Gandy Blvd N Saint Petersburg FL 33702 United States
&
400 North Tampa St 15th Floor Tampa FL 33602
©2024 REWAKEN LIFE | All Rights Reserved | Privacy Policy
Refund Policy
All sales are final and non-refundable, including sign-on fees. All treatments/prescriptions are prepaid and cannot be returned or exchanged, refunded, credited, or transferred. Monthly Maintenance and/or Memberships must be canceled within 10 days before a new charge, or it will not be refunded.
CONTACT US
Members: 1-888-739-2536
Monday - Friday:
9am - 5pm EST
400 North Tampa St 15th Floor Tampa FL 33602
©2025 REWAKEN LIFE® | All Rights Reserved | Privacy Policy | Terms of Use | Billing and Refunds
Refund Policy
All sales are final and non-refundable, including sign-on fees. All treatments/prescriptions are prepaid and cannot be returned or exchanged, refunded, credited, or transferred. Monthly Maintenance and/or Memberships must be canceled within 10 days before a new charge, or it will not be refunded.