NEWMAN CLINIC IS LIMITED TO PROVIDING CONSULTATIONS FOR SPECIFIC NON-EMERGENCY MEDICAL CONDITIONS AND CONCERNS. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR YOUR LOCAL MEDICAL PROVIDER. THIS TERMS OF SERVICE ("TERMS" OR"AGREEMENT") CONTAINS A MANDATORY ARBITRATION PROVISION. UNLESS YOU TIMELY OPT-OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US, OR YOU AND THE MEDICAL GROUPS OR PROVIDERS, ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU FURTHER WAIVE YOUR RIGHTS TO AJURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.THE PROCESS TO OPT-OUT OF ARBITRATION CAN BE FOUND IN SECTION XXXIV BELOW.
Newman Clinic (“Newman Clinic,” “we,” “our,” or “us”) owns and operates the website www.newmanclinic.com (the “Platform”) and a mobile application (collectively, the “Sites”). These Sites facilitate telehealth services provided by licensed medical professionals, with Newman Clinic acting solely as a coordination platform.Your use of the Sites, any part thereof, or anything associated there with, including the services, features, content, and applications, together with theSites, are the “Newman Clinic Services” offered by Newman Clinic, Inc. and our affiliated professional entities for which we coordinate healthcare offerings.Any products or services provided through the Sites or any affiliated website, software, or application owned or operated by Newman Clinic are governed by these Terms.
By accessing or using any of the Newman Clinic Services, youagree to be bound by this “Agreement,” which is a legally enforceable contract between Newman Clinic, our affiliated entities, and you, the individual (“you”or “your”), and you agree to our Privacy Policy. Please read this Agreement carefully as it provides important information you need to know about using the Services. Your use of Newman Clinic Services is subject to all applicable laws and regulations. If you do not accept and agree to this Agreement or ourPrivacy Policy, you are strictly prohibited from visiting, accessing, registering with, and/or using the Newman Clinic Services or any information or content provided through the Newman Clinic Services, except as necessary to review this Agreement or our Privacy Policy. If you disagree with thisAgreement or any terms or conditions herein, your sole remedy is to discontinue your use of Newman Clinic Services. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.
These Terms apply to your use of any of the Newman Clinic Services for which you are enrolled or have a consultation scheduled and are further described below:
A. Telehealth Consultations and Services
1. Newman Clinic Services may include access to one or more professional medical organizations (“MedicalGroups”) to provide healthcare services through the Sites. These Medical Groups employ or contract with licensed medical providers who offer certain healthcare services via Newman Clinic Services. All medical providers who deliver healthcare services through the Sites are: (i) independent professionals contracted or employed with affiliated professional entities that coordinate with Newman Clinic Services, and (ii) solely responsible for the healthcare services you receive.
2. Consultations are provided by a medical provider licensed in the state where you are located via a HIPAA-secure platform.
3. Providers may issue prescriptions, including for controlled substances, if clinically appropriate and permitted by state and federal law. Prescriptions can be issued for both commercially available and compounded medications. You agree to comply with all applicable laws regarding prescription medications.
A. Newman Clinic offers a range of products and services to individuals who register as users of the clinic (“Members”). These services may be provided by Newman Clinic or by third-party medical providers, pharmacies, and other vendors associated with the clinic.
B. Upon signing up and agreeing to the Terms of Service, you will become a “Basic Member,” in addition to the specific program membership you choose at Newman Clinic.
C. Basic Membership includes access to the clinic’s services, unlimited customer support, pharmacy and clinical care coordination, health information management, and assistance from licensed healthcare professionals to support your prescription and clinical needs.
1. If prescribed, medication fulfillment is handled by licensed pharmacies (“Pharmacies”) that are appropriately authorized to dispense medications within the states served by Newman Clinic.
2. You agree and understand that your prescriptions may be filled by and transferred between any of the Pharmacies, and you authorize Newman Clinic to facilitate these actions on your behalf. Newman Clinic does not control or interfere with any professional service provided by the Pharmacies. Each Pharmacy is solely responsible for the services rendered through Newman Clinic.
3. By accepting this Agreement, you acknowledge that the services provided by the Pharmacies, Medical Groups, andProviders through the clinic’s services are subject to the same terms and conditions outlined here, and that these third-party entities are beneficiaries of this Agreement.
Medical services are provided by licensed healthcare providers and professional entities. These providers are solely responsible for the healthcare services you receive. By participating in the clinic, you understand and agree that Newman Clinic does not control or interfere with any healthcare services provided by these medical professionals. After reviewing your health information, the medical provider will make an independent determination on whether to prescribe medication, recommend other treatments, or suggest alternative clinical resources.
By agreeing to these Terms, you acknowledge that Newman Clinic does not function as a pharmacy and does not control or interfere with pharmacy services provided by third-party entities. Prescription fulfillment may be carried out by third-party Pharmacies licensed to dispense medications within the relevant states served by Newman Clinic. You agree to allow Newman Clinic to facilitate the transfer of your prescriptions to any affiliated Pharmacies as necessary. Newman Clinic is not liable for the professional services provided by these Pharmacies.
By enrolling and using the services of Newman Clinic, you consent to conducting business electronically with the clinic and its affiliated healthcare providers. This includes communications with medical providers and professional entities associated with Newman Clinic, which will have the same legal effect as your written signature. You agree to receive disclosures, notices, messages, and other communications via email and, if you opt in, via text message to your designated mobile phone. Standard message and data rates may apply. You can opt-out of these communications by replying “STOP” or by emailing us at Ask@NewmanClinic.com.
You understand that it is your responsibility to monitor and respond to these communications. Newman Clinic and its affiliated providers are not responsible for any loss or claims resulting from your failure to read, respond to, or comply with treatment recommendations or instructions. If you do not agree with any of these Terms or the Privacy Policy, you may not use the services of Newman Clinic.
Laboratory products and services available through Newman Clinic, including at-home testing kits, require a valid prescription or order from a licensed healthcare provider. If you receive laboratory products or services through Newman Clinic, the applicable testing materials will be shipped to you, and the costs associated with these services will be included in the total amount charged by Newman Clinic. Laboratory products and services provided through the clinic’s platform are considered “Third-Party Goods andServices,” as outlined in the Third-Party Goods and Services section of this Agreement.
Newman Clinic may work with third-party laboratories, pharmacies, medical groups, and healthcare providers (collectively,“Third-Parties”) to offer certain goods or services (“Third-Party Goods andServices”). Your interactions with these Third-Parties, including payment and service delivery, are solely between you and the Third-Parties. Newman Clinic is not responsible for any disputes that may arise between you and these Third-Parties. Should any dispute arise between you and a Third-Party, another Member, or any other entity or individual, you acknowledge and agree that Newman Clinic has no obligation to become involved. By accepting this Agreement, you release and indemnify Newman Clinic, its affiliates, and their respective employees, officers, directors, contractors, representatives, agents, and successors from any claims, demands, or damages—known or unknown, suspected or unsuspected—arising from such disputes or your use of the clinic’s services.
If you are a California resident, you waive the protections of California Civil Code Section 1542, which states:“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Newman Clinic stakeholders, including its officers, employees, contractors, and agents, may have a financial interest in one or more Third-Parties and may receive compensation from your use of their services or purchase of their goods.
Newman Clinic reserves the right to suspend or terminate anyof the rights granted under these Terms and your access to Newman Clinic services, with or without prior notice, at any time, and for any reason—including but not limited to a determination that your use of the services violates applicable laws, poses a security risk, or is harmful to the interests of Newman Clinic, its affiliated providers, or other users.
Newman Clinic may also place limits on, modify, suspend, or terminate its services if you fail to comply with this Agreement. Such suspension or termination may result in the deletion of your information, files, and other content. However, Newman Clinic will retain certain information as required by applicable law or for legitimate business purposes, consistent with its Privacy Policy. If Newman Clinic terminates its services or your access to them, this Agreement will also terminate, but the following sections will remain in effect: Disclaimer of Warranties; Limitation of Liability;Indemnification; Governing Law, Dispute Resolution, Arbitration; and ClassAction Waiver.
Newman Clinic reserves the right to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should review the Terms periodically for any updates. The “Last Modified” date at the beginning of this Agreement indicates when it was last updated. If you continue using the site or services after revised Terms are posted, you will be deemed to have accepted the changes. If any provisions of these Terms are unacceptable to you, your sole remedy is to discontinue use of Newman Clinic services. These Terms will remain in effect for as long as you continue to access or use Newman Clinic’s services. You may terminate your agreement at any time by discontinuing use of the services. Your permission to use Newman Clinic’s services automatically terminates if you violate these Terms.
To use Newman Clinic by way of the Sites, the following must be true:
A. You are at least 18 years of age or the legal age of majority in your state of residence.
B. You reside in the United States and in a state where Newman Clinic provides services.
C. You agree to be legally bound by and comply with these Terms of Service.
D. You have compatible computing or mobile devices, access to the Internet, and necessary software to use the Sites. Fees and charges may apply to your use of mobile services and the Internet.
You understand and agree that meeting these requirements does not guarantee you will receive services through the Sites. In addition to the above, Newman Clinic and its affiliated professional entities reserve the right to modify eligibility requirements at their sole discretion, without prior notice. Further, healthcare providers and affiliated professional entities may determine on a case-by-case basis whether specific criteria apply to your use of Newman Clinic’s services or if healthcare services are appropriate for you.
Newman Clinic’s services are subject to state regulations and may change based on legal, regulatory, or operational factors. Services are currently available in Arizona, California, Hawaii, Ohio, and Texas. It is your responsibility to check for the most up-to-date information on service availability.
You must provide accurate and complete information when registering for Newman Clinic. It is your responsibility to ensure that your email address, mailing address, and other personal details remain up to date. Access to Newman Clinic is available only to registered users who enroll through our official website. Sites may not be accessible at all times, and Newman Clinic is not liable if the Sites become unavailable. By using the Sites, you agree that Newman Clinic and its service providers may use, analyze, and process your User Data to improve services, conduct research, and enhance the user experience.
The Sites facilitate Newman Clinic services, including:
• Gathering and retaining healthcare records for provider consultations.
• Scheduling and payment processing for medical services.
• Coordination of prescriptions and diagnostic tests.
• Telehealth support for virtual provider consultations.
While Newman Clinic may not be classified as a “covered entity” under HIPAA, we handle medical information in compliance with applicable laws. By using the Sites, you consent to the collection and sharing of your health information with affiliated providers, pharmacies, and labs as necessary for your care. If HIPAA applies to a specific entity involved in your care, your Protected Health Information (PHI) will be used and disclosed in accordance with HIPAA and applicable state privacy laws. The Newman Clinic Notice of Privacy Practices outlines how PHI is handled. By accessing our services, you acknowledge receipt of this notice.
All products and services provided by Newman Clinic are subject to availability. By making a purchase, you agree to our payment terms and authorize us to process your payment. Estimated shipping times are provided at checkout but are not guaranteed. Newman Clinic reserves the right to resolve customer concerns on a case-by-case basis. For questions, please contact Ask@NewmanClinic.com. We reserve the right to modify or cancel orders due to pricing errors or other unforeseen circumstances.
• Prices may change at any time.
• You are responsible for any applicable sales taxes.
• Only valid payment methods may be used.
• If your payment method is declined, we may attempt to process the transaction until successful.
You are responsible for keeping your Newman Clinic account and password secure. Any activity under your account is your responsibility. Newman Clinic is not liable for any loss resulting from a failure to follow these terms. If you forget your password, we will send reset instructions to your registered email. Newman Clinic relies on the accuracy of your information to provide care. If your information is incorrect or incomplete, Newman Clinic is not responsible for any resulting health outcomes. We reserve the right to suspend or terminate accounts with inaccurate, incomplete, or fraudulent information.
Your use of Newman Clinic must comply with all applicable laws. If you access our services via a mobile device, you are responsible for securing it and your login credentials. Unauthorized access due to loss or theft of your device may expose your personal information. By using Newman Clinic, you agree to:
A. Provide accurate and updated personal information.
B. Keep your login credentials confidential and exit your account after each session.
C. Change your password immediately if you suspect compromise. You may not share, transfer, or use another person’s account.
D. Notify Newman Clinic immediately at security@newmanclinic.com of any unauthorized access or security breach.
You agree not to:
A. Transmit harmful, unlawful, or unsolicited content through Newman Clinic.
B. Misrepresent your identity.
C. Interfere with or restrict others from using Newman Clinic.
D. Reverse engineer, hack, or attempt unauthorized access to our platform.
E. Use automated systems (e.g., bots, scrapers) to interact with our services.
F. Share, disclose, or allow unauthorized access to your account.
G. Use Newman Clinic for commercial exploitation, resale, or competitive research.
H. Engage in any activity that compromises security, disrupts operations, or violates any laws, including HIPAA.
Newman Clinic grants you a limited, non-transferable, revocable license to access and use our services for personal, non-commercial purposes. You may not reproduce, distribute, or modify any content without our written permission.
Newman Clinic facilitates telehealth services but does not provide direct medical care, diagnosis, or treatment. Creating an account does not establish a patient-provider relationship. Healthcare providers are responsible for your treatment outcomes. Our platform is not suitable for all medical conditions. If a provider determines that an in-person visit is necessary, you may be referred elsewhere. Newman Clinic should not be used for medical emergencies—please call 911 or visit an emergency facility if needed.
Telehealth connects patients with licensed healthcare professionals remotely. While convenient, it carries risks such as privacy concerns or technological limitations. By using Newman Clinic, you acknowledge these risks and agree to our Telehealth Informed Consent, which outlines the treatment process, risks, and limitations. If you do not agree to these terms, you may not use Newman Clinic’s services.
You understand and agree that you are responsible for all fees associated with receiving healthcare services through Newman Clinic, including fees charged by medical providers and affiliated professional entities. By submitting your payment information and request for services, you authorize Newman Clinic, our affiliates, or our third-party payment processors to charge the amount due.
All sales are final. Prescription products cannot be returned for reuse or resale. If you believe an error has occurred in filling your prescription, please contact us immediately through your Newman Clinic account or email Ask@NewmanClinic.com.
You acknowledge that Newman Clinic and its affiliated providers operate as out-of-network providers, meaning we do not contract with any commercial or government health insurance plans. You are solely responsible for paying all service fees. Neither you, Newman Clinic, nor any affiliated providers will submit claims for reimbursement to federal or state healthcare programs. By using Newman Clinic, you agree to receive services and products on a direct-payment basis.
If your credit card expires or a payment fails to process, you may receive a notice requesting an alternative payment method. Newman Clinic and its providers have no obligation to render services until full payment has been received and verified.
By agreeing to use Newman Clinic, you confirm that neither you nor any affiliated entities will seek reimbursement from any federal or state healthcare program for services or products provided.
Certain services and products through Newman Clinic may require enrollment in an automatically renewing subscription plan. Charges will be made at regular intervals based on the specific membership or service you select. Your payment method will be charged automatically unless you cancel your subscription. Newman Clinic may periodically request updates to your payment information to ensure uninterrupted service.
At Newman Clinic, we are committed to providing personalized healthcare solutions. Due to the customized nature of our services and products, all sales are final. However, refunds may be issued under the following circumstances:
--Non-Eligibility: If, during your initial telehealth visit, our provider determines that you are not eligible for treatment undert he membership program you enrolled in, a full refund will be issued.
--Order Issues: If you experience any issues with your order, such as shipping errors, damaged products, or billing discrepancies, please contact us within 48 hours of receipt. Pharmacies may record the packing and sealing of prescriptions for verification purposes in the event of a dispute. Refunds or replacements will be considered on a case-by-case basis. To assist with resolution, provide:
• OrderNumber
• TrackingNumber
• Photos ofAny Damage (if applicable)
• Photo with the Lot Number
• Police Report
--Processing Refunds: Approved refunds will be issued back to the original payment method within 10 business days.
--Missing or Delayed Refunds: If you have not received an expected refund within 10 business days, check with your bank or credit card provider, as processing times may vary. If the issue persists, contact us for further assistance.
Certain products offered through Newman Clinic require a valid prescription from a licensed healthcare provider. You may only obtain prescription products after completing a consultation and receiving approval from a Newman Clinic provider. If prescribed, your medication will be coordinated through Newman Clinic and an affiliated pharmacy. You may also choose an independent pharmacy, but you will be responsible for obtaining and paying for the medication directly. Pricing may vary depending on your pharmacy selection. Please be aware that not all prescriptions fulfilled by pharmacies use child-resistant packaging. Handle all medications with care.
Newman Clinic values your privacy and confidentiality. Please review our Notice of Privacy Practices for details on how we collect, use, and protect your personal information.
Newman Clinic is owned by Newman Clinic PLLC. We grant you a nonexclusive, limited, and revocable right to access and use Newman Clinic services during each paid subscription term in which you are enrolled, provided you comply with the terms of this Agreement. You agree not to use Newman Clinic services for any other purpose, including commercial activities such as co-branding, framing, linking, or reselling any portion of Newman Clinic without our prior written consent. All materials available through Newman Clinic services may be accessed, downloaded, or printed for personal, noncommercial use and solely within the scope allowed by this Agreement. No other use of these materials is permitted without express written permission from Newman Clinic PLLC. Unauthorized use of any text, images, or other content from Newman Clinic may violate copyright laws, trademark laws, privacy and publicity laws, and other applicable statutes.
Newman Clinic services include materials derived in whole orin part from copyrighted works, including the format and layout of our platform. Copyrights are owned by Newman Clinic PLLC or, for licensed content, by third-party content providers. None of the names, trademarks, service marks, or logos of Newman Clinic or third parties appearing within Newman Clinic services may be used for advertising, publicity, or to imply sponsorship or affiliation without prior written permission from Newman Clinic or the respective third party. Nothing within Newman Clinic services should be interpreted as granting any license or right to use any trademarks displayed without written authorization from Newman Clinic or the third-party owner of the trademark, if applicable. Proprietary notices and copyright information included within Newman Clinic services must be observed and followed.
Newman Clinic PLLC is the sole and exclusive owner of all rights, titles, and interests in Newman Clinic services and its content, features, and functionality—including, but not limited to, information, software, text, displays, images, video, audio, selection, arrangement, and overall look and feel. Any suggestions, ideas, or feedback you provide shall be owned exclusively by Newman Clinic PLLC, along with all intellectual property rights therein. No rights, titles, or interests are transferred to you except as expressly granted in this Agreement.
Certain names, logos, and materials displayed within Newman Clinic services may constitute trademarks, trade names, service marks, or logos(“Trademarks”) of Newman Clinic PLLC or its affiliates. You are not authorized to use these Trademarks without express written permission. Ownership of all Trademarks and the goodwill associated with them remains with Newman Clinic PLLC or its affiliates.
Newman Clinic services may contain third-party content and hypertext links to external websites (“Linked Sites”). These links are provided for convenience, and Newman Clinic PLLC does not control or endorse any third-party content or websites. We assume no responsibility for the availability, accuracy, or content of these Linked Sites. Views expressed by third parties within Newman Clinic services belong solely to the respective third party, and Newman Clinic PLLC does not verify or guarantee the accuracy of such statements.
WE DISCLAIM ALL LIABILITY ARISING FROM ANY CLAIM THAT THIRD-PARTY CONTENT OR LINKED SITES INFRINGE UPON INTELLECTUAL PROPERTY RIGHTS OR CONTAIN INACCURATE OR MISLEADING INFORMATION. Your use of Linked Sites is at your own risk, and Newman Clinic PLLC shall not be held liable for any errors, damages, or losses incurred due to reliance on or use of information obtained from these sources. Newman Clinic PLLC is not responsible for the information, products, or services offered by Linked Sites, and only this Agreement governs your use of Newman Clinic services.
NEWMAN CLINIC SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOUR USEOF NEWMAN CLINIC SERVICES IS VOLUNTARY AND AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEWMAN CLINIC PLLC AND THIRD PARTIES PROVIDING PRODUCTS OR SERVICES THROUGH OUR PLATFORM—INCLUDING MEDICAL PROVIDERS, LABS, AND PHARMACIES—DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT, AND ACCURACY OF INFORMATION.
NEWMAN CLINIC PLLC DOES NOT GUARANTEE THAT SERVICES WILL BEFREE FROM INTERRUPTIONS, ERRORS, SECURITY BREACHES, OR OTHER MALFUNCTIONS,INCLUDING BUT NOT LIMITED TO DELAYS, VIRUSES, MALWARE, OR CYBER ATTACKS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEWMAN CLINIC PLLC SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF DATA, LOST PROFITS, OR DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE NEWMAN CLINIC SERVICES.
ALL CLAIMS ARISING FROM YOUR USE OF NEWMAN CLINIC SERVICES MUST BE FILED WITHIN ONE (1) YEAR FROM THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, IN WHICH CASE OUR LIABILITY WILL BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.
NEWMAN CLINIC PLLC AND ITS AFFILIATES, PARTNERS, SUPPLIERS,AND CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES ARISING FROM THE USE OF NEWMAN CLINIC SERVICES, INCLUDING ANY THIRD-PARTY PRODUCTS, SERVICES, OR INFORMATION MADE AVAILABLE THROUGH OUR PLATFORM.
NEWMAN CLINIC PLLC’S TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED U.S. $1,000. YOU AGREE THAT THESE LIMITATIONS OF LIABILITY ARE FUNDAMENTAL TO THIS AGREEMENT, AND NEWMAN CLINIC SERVICES WOULD NOT BE PROVIDED WITHOUT THEM.
Any notices regarding Newman Clinic services or this Agreement may be provided via email, a posted notice on our platform, or regular mail at the discretion of Newman Clinic PLLC.
You agree to defend, indemnify, and hold harmless Newman Clinic, its clients, suppliers, any third parties offering products or services through the Service, including medical providers, labs, and pharmacies, and their respective affiliates, employees, officers, directors, agents, and representatives from and against any and all claims, suits, actions, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) arising from or relating to your useof the Service, your fraud, violation of law, willful misconduct, any breach by you of this Agreement, or your violation of any rights of another person or entity.
We reserve the right to control the defense of any third-party claim for which we are entitled to indemnification, and you agree to cooperate with us as reasonably requested.
Newman Clinic reserves the right at any time and for any reason to modify, suspend, or terminate its services or any portion thereof, with or without notice. This suspension or termination may delete your information, files, and other previously available content. If Newman Clinic terminates its services or your use of its services, the following provisions will survive: Disclaimer of Warranties; Limitation of Liability;Indemnification; Governing Law, Dispute Resolution, and Arbitration. You agree that Newman Clinic shall not be liable to you or any third party for any modification, suspension, or discontinuation of its services.
These Terms remain in effect as long as you continue to access or use Newman Clinic services. You may terminate these Terms at any time by discontinuing use of the services and the website. Your permission to use Newman Clinic services automatically terminates if you violate these Terms. We may also suspend or terminate any rights granted by these Terms, with or without prior notice, at any time, for any reason.
Newman Clinic reserves the right to maintain, delete, or destroy all communications and materials uploaded to the website in accordance with its internal record retention policies. Upon termination, Newman Clinic will have no further obligation to provide services, except as required by law or ethical obligations regarding access to health records or ongoing care.
This Agreement and any disputes arising from it shall be governed by the laws of the State of Arizona, without regard to its conflict of law principles. Any dispute between you and Newman Clinic related to this Agreement shall be resolved exclusively in the state or federal courts of Arizona. Those who access the Service from outside the United States are responsible for compliance with local laws.
--Arbitration Agreement: If a dispute arises that cannot be resolved informally, you and Newman Clinic agree to resolve it through confidential binding arbitration administered by the American Arbitration Association (AAA), rather than in court. The arbitration will be conducted under the AAA’s Consumer Arbitration Rules. You acknowledge that by agreeing to arbitration, you waive your right to a trial by jury. The arbitrator may award the same damages and relief as a court on an individual basis. Exceptions: You or Newman Clinic may seek injunctive relief in court for intellectual property disputes or claims related to fraud or unauthorized use.
--Informal Dispute Resolution: Before arbitration, both parties agree to an Informal Dispute Resolution Conference via phone or video conference within 45 days of notice. If the dispute is not resolved within 30 days, either party may proceed with arbitration.
--Arbitration Process:
• Arbitration will take place in Arizona.
• Each party is responsible for its own legal fees unless required otherwise by law.
• The arbitrator’s decision will be final and binding.
--Class Action Waiver: All disputes must be arbitrated individually. You and Newman Clinic waive the right to bring any claim as a class action, private attorney general action, or in any other representative capacity. If any part of this arbitration agreement is found unenforceable, that provision shall be severed, and the rest will remain in effect.
Newman Clinic reserves the right to remove any content or other material available on its platform at any time, for any reason. Newman Clinic complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended) and responds to clear notices of alleged copyright infringement.
--A. Notification of Claimed Copyright Infringement: If you have objections to copyrighted content or material made available on or through our platform, you may submit a notification to our Designated Agent at Ask@NewmanClinic.com.
--Any notification to Newman Clinic under 17 U.S.C. §512(c) alleging copyright infringement must include the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed.
2. Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works.
3. Identification of the content or material that you claim is infringing and where it is located on the platform.
4. Information sufficient for Newman Clinic to contact you, such as your address, telephone number, and/or email address.
5. A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law.
6. A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement does not constitute a waiver of such right. If any part of this Agreement is determined to be unenforceable, that part will be replaced with terms that most closely align with the intent of the original provision, to the extent permitted by law. The remaining provisions of this Agreement will remain in full force and effect. The section headings in this Agreement are for convenience only and do not have any legal effect.
Any use of third-party software, products, or services in connection with Newman Clinic’s platform is governed by the respective third-party’s terms of service or license agreement. Except where expressly stated in this Agreement, there is no intent to create third-party beneficiary rights, and no third-party shall have any rights to enforce any terms or benefit from this Agreement.
This Agreement does not create any partnership, joint venture, employment, or agency relationship between you and Newman Clinic, its medical providers, labs, or affiliated entities. You may not enter into any contract on behalf of Newman Clinic or bind us in any way.
You may not assign any of your rights under this Agreement. Any attempt to do so will be null and void. Newman Clinic may, in its sole discretion, assign or transfer this Agreement, in whole or in part, to an affiliate or third-party, including in the event of a merger, sale, or restructuring of the business.
If you have any questions or concerns about this Agreement, please contact us by email at Ask@NewmanClinic.com
Disclaimer: This document is provided for convenience. The most current Terms of Service are available by emailing Ask@NewmanClinic.com.
