Terms & Conditions

Welcome to the website of Elements of Health (the “Website”). These Terms of Service (the “Agreement”) are entered into by and between you and Elements of Health (“Company,” “we,” “us,” or “our”).

This Agreement governs your access to and use of the Website and any services, products, materials, features, communications, or functionality offered through the Website (collectively, the “Services”).

By accessing or using the Services, you agree to be legally bound by this Agreement. If you do not agree, you must discontinue use of the Services immediately.

Eligibility

To use the Services, you must:

• Be at least eighteen (18) years old

• Have the legal capacity to enter into binding contracts

• Not use the Services for any unlawful or competitive purpose

By using the Services, you represent and warrant that you meet these requirements.

Modifications to These Terms

We reserve the right to update or modify this Agreement at any time. Changes become effective immediately upon posting on the Website. Your continued use of the Services after changes are posted constitutes acceptance of those changes.

Access to Services

We may modify, suspend, or discontinue any part of the Services at any time without notice. We are not liable if any portion of the Website becomes unavailable.

You may be required to create an account to access certain features. You agree to provide accurate, current, and complete information.

You are responsible for:

• Maintaining the confidentiality of your account credentials

• All activities under your account

• Notifying us immediately of unauthorized access

We reserve the right to suspend or terminate accounts at our sole discretion.

SMS and Electronic Communications

By providing your phone number and opting in, you consent to receive SMS communications including:

• Appointment confirmations

• Appointment reminders

• Service notifications

• Account-related updates

• Marketing messages (if opted in)

• Webchat responses

• Help responses

• Opt-in and opt-out confirmations

Message and data rates may apply.

You may opt out at any time by texting STOP. After confirmation, you will no longer receive SMS messages.

For assistance, text HELP or contact us at [email protected].

Carriers are not responsible for delayed or undelivered messages.

Prohibited Uses

You agree not to:

• Violate any applicable federal, state, or local laws

• Send spam or unauthorized communications

• Impersonate another person or entity

• Upload viruses or malicious code

• Attempt unauthorized access to our systems

• Reverse engineer or copy Website content

• Harvest user data without consent

• Interfere with the proper functioning of the Services

We reserve the right to terminate access for violations of this section.

Purchases and Payments

If you purchase Services through the Website:

• You agree to provide accurate billing information

• You agree to pay all listed fees, taxes, and charges

• Payments are processed by third-party providers

• We do not store credit card details

If payment is declined or fails, we are not obligated to provide Services.

Subscriptions

If applicable, subscriptions:

• Begin upon successful payment

• May automatically renew unless canceled

• May be canceled before renewal

Failure to pay recurring fees may result in service interruption.

Intellectual Property

All content on the Website — including text, graphics, logos, branding, software, designs, and materials — is owned by Elements of Health or its licensors and is protected by U.S. intellectual property laws.

You are granted a limited, non-exclusive, revocable license to use the Services for lawful personal or business purposes.

You may not:

• Copy or distribute content

• Modify or create derivative works

• Remove copyright or trademark notices

• Use content to build competing services

All rights not expressly granted are reserved.

User Content

If you submit reviews, comments, testimonials, or other content:

• You are solely responsible for your content

• You grant us a worldwide, perpetual, royalty-free license to use it in connection with our business

• Your content must not violate laws or infringe third-party rights

We reserve the right to remove content at our discretion.

If you believe your copyrighted work has been infringed, please contact:

Elements of Health

Naples, Florida, United States

Email: [email protected]

Your notice must include:

• Description of the copyrighted work

• Description of the allegedly infringing material

• Your contact information

• Statement of good faith belief

• Statement under penalty of perjury

No Medical or Professional Advice

Information provided on the Website is for general informational purposes only and does not constitute medical, legal, or professional advice.

You should consult qualified professionals before making health or financial decisions.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that:

• The Services will be uninterrupted or error-free

• The Website will be secure

• Any defects will be corrected

Limitation of Liability

To the fullest extent permitted by Florida law, Elements of Health shall not be liable for:

• Indirect, incidental, special, or consequential damages

• Loss of profits or revenue

• Loss of data

• Business interruption

Your sole remedy for dissatisfaction is to stop using the Services.

Indemnification

You agree to indemnify and hold harmless Elements of Health and its affiliates from any claims, damages, or expenses arising from:

• Your violation of this Agreement

• Your misuse of the Services

• Your User Content

Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Florida.

Any disputes shall be brought exclusively in state or federal courts located in Collier County, Florida.

We may require binding arbitration under the rules of the American Arbitration Association in Florida.

You waive the right to trial by jury and participation in class actions.

Limitation on Time to File Claims

Any claim must be filed within one (1) year from the date the cause of action arises, or it is permanently barred.

Severability

If any provision of this Agreement is found invalid, the remaining provisions remain in full force and effect.

Entire Agreement

This Agreement constitutes the entire agreement between you and Elements of Health regarding the Services and supersedes prior agreements.

Contact Information

Elements of Health

Naples, Florida, United States

Email: [email protected]