Contact us

Terms and Conditions

Terms of Use

THIS SERVICE IS ONLY CONTEMPLATED FOR SPECIFIC NON-EMERGENT MEDICAL CONDITIONS OR CONCERNS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES OR OUR WEBSITE.

  1. INTRODUCTION

These terms of use (the “Terms”) describe your rights and responsibilities with regard to the https://theterrawellness.com  website (the “Website”) owned and operated by Dr. Astor LLC, doing business as “The Terra Wellness” (“Company”). In these Terms, “we”, “our”, “us”, and “Company” collectively refer to Dr. Astor LLC. The terms “you” and “yours” refer to the person using the Website. Use of the Website is governed by these Terms and our Privacy Policy. By accessing or using the Website, you acknowledge that you have read, understood, and agreed to be legally bound by and comply with these Terms and our Privacy Policy.

Even though you may have arrived at the Website through a website or mobile application operated or controlled by a third party, you understand and agree that these Terms are entered into between you and Company.

You agree that when you use or enter the Website, you affirmatively consent to conduct business electronically with Company and engage in health-oriented activities with Company, and such processes have the same force and effect as your written signature. You agree and consent to Company sending you disclosures, messages, notices, and other communications to your designated mobile phone and email account. You understand that you have a choice to select any health care provider and pharmacy and, when you use or enter the Website, you affirmatively choose to use Company. If you do not agree with any of these Terms or our Privacy Policy, you may not use the Website.

  1. MODIFICATION OF THE TERMS

We may amend these Terms from time to time. If we make changes, we will post the revised Terms on the Website and update the “Last Modified” date. If we make a material change, we will provide any additional notice or obtain any additional consent required by applicable law. Unless otherwise stated, revised Terms become effective when posted. Your continued use of the Website after revised Terms become effective constitutes your acceptance of the revised Terms to the extent permitted by applicable law. If you do not agree to the revised Terms, you must discontinue your use of the Website and Services.

  • DESCRIPTION OF COMPANY AND SERVICES

Company provides non-clinical services through the Website including, but not limited to, the development and hosting of tools for collecting and storing health information, administrative support for scheduling and payment, optional coordination of fulfillment of prescriptions and tests, and telecommunications and technology support (collectively, the “Services”). You understand and agree that the Website is intended to facilitate the Services.

Company also provides clinical services (the “Health Care Services”), including evaluation, diagnosis, treatment, prescribing, ordering of tests or devices, and follow-up care. All Health Care Services are provided by Company through appropriately licensed healthcare professionals who exercise independent professional judgment in providing care to you. 

  1. ELIGIBILITY

To use the Services through the Website, the following must be true: You must be 18 years or older. If you are under 18, you may use the Website and receive Health Care Services only with the involvement and consent of a parent or legal guardian and only where permitted by applicable law.

To receive Health Care Services, you must be physically located in Florida or Ohio at the time of the applicable encounter. You must agree to be legally bound by and comply with these Terms and must have compatible computing or mobile devices, Internet access, and any software reasonably necessary to use the Website. Your Internet or mobile service provider may charge fees for such access.

  1. AVAILABILITY

The Health Care Services are currently available to individuals physically located in Florida or Ohio, subject to applicable licensure requirements. Availability is subject to change at the sole discretion of Company.

  1. REGISTRATION, USER ACCOUNTS, AND USER DATA

Certain portions of the Website may be accessed without creating an account, but some Services are available only to users who have an active user account with Company (an “Account”). An Account may be created by you directly, or it may be created for you by a third party (such as your employer, medical provider, or a partner brand) in connection with your use of the Services. These Terms apply to your use of the Website and Services regardless of how your Account was created.

If you are provided with, or choose, a username, password, or any other piece of security information as part of our security procedures, you must treat such information as confidential and not share it with any other person.

The Website and Services may be unavailable or interrupted from time to time, in whole or in part, for any reason. Company will not be liable if all or any part of the Website or Services is unavailable at any time or for any period.

When you register for an Account or otherwise use the Website, you may enter, submit, upload, or transmit information or data through the Website (“User Data”). “User Data” includes Your Information (as defined in Section XIV) and any other information, content, or data you submit, upload, or transmit through the Website. Subject to applicable law and our Privacy Policy, you authorize Company to host, store, copy, transmit, display, process, and disclose User Data as reasonably necessary to operate, provide, maintain, secure, and improve the Website and Services; facilitate the provision of Health Care Services; carry out transactions or activities you request; and comply with applicable law.

  • YOUR RESPONSIBILITIES AND ACKNOWLEDGEMENT

As a condition of your use of the Services through the Website, you agree to the following:

All Your Information provided through the Website is accurate, complete and correct, and you will accurately maintain and update any of Your Information that you have provided to Company.

Your permission to use the Website is personal to you. You may only use the Website for yourself, or on behalf of a minor for whom you have legal authority to act, and in either case you must provide accurate and truthful identification information. You agree to keep confidential your username and password and that you will exit from your account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time.

You agree to immediately notify Company of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Company at admin@theterrawellness.com.

You may be asked to provide additional information to Company for the purpose of providing Health Care Services or fulfilling a prescription. You may elect to withhold requested information; however, if you do so, you may not use the Website or any other related services.

You understand and agree that provision of Health Care Services through the Website depends on the completeness and accuracy of Your Information. Company may not be able to independently verify all of Your Information. Because healthcare providers may rely on Your Information in providing Health Care Services, inaccurate or incomplete information may affect their ability to appropriately evaluate or treat you. If Your Information is inaccurate, incomplete, or not maintained, or Company has reasonable grounds to suspect as much, Company has the right to suspend or terminate your account and your use of the Services. In addition, Company may take any and all actions it deems necessary or reasonable to maintain the security of the Website, Services and your account.

  • TEST RESULT ACCESS

You direct Company to provide you with access to any laboratory test results generated as part of the Health Care Services provided to you.

  1. RESTRICTIONS ON USE

You will not use, or encourage or permit others to use, our Website except as expressly permitted in these Terms. You will not:

  1. Use or attempt to use the Website or the Services for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable law or regulation, or is prohibited by these Terms;
  2. “Jailbreak” your mobile operating system. The Website is intended for use only on a mobile phone that runs an unmodified manufacturer-approved operating system. Using the Website on a mobile phone with a modified operating system may undermine security features that are intended to protect your information from unauthorized or unintended disclosure. You may compromise your information if you use the Website on a mobile phone that has been modified. Use of the Website on a mobile phone with a modified operating system is a material breach of these Terms;
  3. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or related materials in any way;
  4. Use or access the Website to create or develop competing products or services or for any other purpose that is to Company’s detriment or commercial disadvantage;
  5. Take any action or use the Website in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Website or any content, in whole or in part;
  6. Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Website or any computer network;
  7. Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Company or any of our service providers to protect our Website;
  8. Input, upload, transmit, distribute, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Website, or any other system, device, or property;
  9. Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Website or any content made available to you on or through our Website;
  10. Use any manual process or automated device to monitor or copy any content made available on or through our Website for any unauthorized purpose except as permitted in Section ‎‎X;
  11. Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Company or third-party content from the Website; or
  12. Encourage or enable any other individual to do any of the foregoing.

 

  1. LICENSE AND USE

Subject to your compliance with these Terms, Company grants you a personal, limited, revocable, nonexclusive, and nontransferable license to view, download, access, and use the Website and its content, solely for your personal and non-commercial use. No other right, title, or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by Company or its licensors. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any such content for commercial use.

  1. DISCLAIMER; LIMITED HEALTH CARE SERVICES

The Website is structured for use specific to certain Health Care Services and is not, and should not, be considered or used as comprehensive medical advice, care, diagnosis or treatment.

Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug or medication.

Any provider-patient relationship arising from Health Care Services is established in connection with care provided by Company.

For clarity, the foregoing limitations concerning general Website content do not apply to medical advice, diagnosis, treatment, or other Health Care Services actually provided to you by Company in the course of a provider-patient relationship.

  • TELEHEALTH CONSENT

Company provides Health Care Services, including through telehealth via the Website. This Consent is effective and binding across all telehealth sessions or services provided by Company to the extent permitted by applicable law. If applicable law requires a separate, encounter-specific, or renewed telehealth consent, Company will obtain and document such consent as required by law.

Telehealth or telemedicine (the terms will be used interchangeably throughout this Consent) involves the use of electronic communications, information technology, or other means to enable a healthcare provider and a patient at different locations to communicate and share individual patient health information for the purpose of rendering health care services. Telehealth or telemedicine may be used for assessment, treatment, diagnosis, prescription, follow-up, and/or patient education. This Consent informs you concerning the treatment methods, risks, and limitations of using a telehealth platform.

  1. Electronic Transmissions. The types of electronic transmissions that may occur using the telehealth platform include, but are not limited to:
    1. Completion, exchange, and review of relevant medical information (for example: health records; images; output data from medical devices; sound and video files; diagnostic and/or lab test results) between you and a healthcare provider via: asynchronous or synchronous communications; two-way interactive audio; and/or two-way interactive audio and video interaction;
    2. Treatment recommendations by a healthcare provider based upon such review and exchange of clinical information;
  • Delivery of a consultation report with a diagnosis, treatment and/or prescriptions, as deemed medically relevant;
  1. Prescription refill reminders (if applicable); and/or
  2. Other electronic transmissions for the purpose of rendering health care services to you.

 

  1. Recording. With this consent, the telehealth session may be recorded for quality review, operations, training, research, and safety purposes. Any additional consent or authorization required by applicable law will be obtained before such recording or use.

 

  1. Benefits. Telehealth provides an array of benefits to you, including

 

  1. improved access to healthcare providers by allowing you to consult a provider from your home or office; and
  2. improved efficiency for access to medical evaluation and management.

 

  1. Risks. As with any medical procedure, there are potential risks associated with the use of telemedicine. These risks may include, without limitation, the following:

 

  1. Technical problems: digital issues such as video quality, sound quality, or connectivity issues that may require an encounter to be rescheduled;
  2. Although measures are in place to prevent a breach of privacy, security protocols could fail, causing a breach of privacy of personal medical information; and/or
  • Provider’s inability to conduct a hands-on physical examination of you and your condition.

 

  1. Patient Acknowledgments. You further acknowledge and understand the following:

 

  1. If you are experiencing a medical emergency, you will be directed to dial 9-1-1 immediately and the provider is not able to connect you directly to any local emergency services.
  2. You have the right to withhold or withdraw your consent to the use of telehealth in the course of your care at any time without affecting your right to future care or treatment.
  • Federal and state law requires health care providers to protect the privacy and security of health information. You are entitled to all confidentiality protections under applicable federal and state laws. You understand all medical reports resulting from the telehealth visit are part of your medical record.
  1. Any provider’s advice, recommendations, and/or decisions may be based on factors not within his/her control, including incomplete or inaccurate data provided by you. You understand that the provider only relies on information provided by you during our telehealth encounter and that you must provide information about your medical history, condition(s), and current or previous medical care that is complete and accurate to the best of your ability. You also understand that the provider may not have access to your full medical record or information.
  2. A healthcare provider will provide care consistent with the prevailing standards of medical practice but makes no assurances or guarantees as to the results of treatment.
  3. There is no guarantee that all treatment of all patients will be effective.
  • The laws of the state in which you are located will apply to your receipt of telehealth services.
  • You have the right to review and receive copies of your medical records, including all information obtained during a telehealth interaction, subject to our standard policies regarding request and receipt of medical records and applicable law.
  1. The telehealth services are not a replacement for your primary care physician or annual office check-ups. Should you desire to seek in-office care through other providers, including your primary care physician, you can do so.
  2. Company is not an online pharmacy. All prescription decisions are made by the treating healthcare professional in the exercise of independent professional judgment.
  3. Any prescription issued through Company will be used only for its intended use.
  • Company does not guarantee that a specific medication will be prescribed if requested.
  • You hereby release and hold harmless Company from any loss of data or information due to technical failures associated with the telehealth/telemedicine service.
  • You will be given information about test(s) and treatments(s), as applicable, including the benefits, risks, possible problems or complications, and alternate choices for your medical care through the telehealth/telemedicine visit.
  1. Failure to comply with the terms of this Consent may result in the termination of your ability to use the telehealth services.

 

  1. Consent to Email, Cellular Telephone, or Text Usage for Healthcare Communications. If you provide an email address or mobile telephone number at which you may be contacted, you consent to Company using that information to send you service-related and healthcare communications, including appointment information, follow-up instructions, educational information, prescription-related information, and other communications concerning Health Care Services. Electronic communications may involve privacy and security risks, and Company will use reasonable safeguards as required by applicable law. You may contact us at admin@theterrawellness.com to update your contact information or communication preferences, subject to communications reasonably necessary to provide Services or Health Care Services that you request. Standard message, data, cellular telephone, or Internet charges may apply. These communications are not monitored 24 hours a day and must not be used for emergencies or urgent health issues.

 

  1. Duration. This consent will remain fully effective until it is revoked.

 

  1. Patient Consent to the Use of Telemedicine. You have read and understand the information provided above and understand the risks and benefits of telemedicine services. By accepting these terms, you hereby give consent to telehealth as an acceptable form of delivering healthcare services and that this consent will cover any and all of your sessions using telehealth.

 

  • PAYMENT

When you submit Your Information for Health Care Services, you agree to pay all fees due. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us or our third-party payment processors to charge the amount due. If you receive a medical consultation, medical consult fees are not subject to or eligible for a refund. We cannot accept returns of prescription products for reuse or resale, and all sales are final. However, if you believe we have made an error in the filling of your prescription, please message us through your Company account.

You understand and agree that you are responsible for all fees due to receive the Services and Health Care Services. Amounts collected by Company may include fees for Services and Health Care Services. In the event that your credit card expires or Company or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Company has no obligation to provide any Services or Health Care Services unless and until full payment has been received and/or verified. Please note that professional services delivered as part of the Health Care Services are not likely to be covered by any government health care payors, and, as such, you understand that no such claims will be submitted by Company for coverage of the professional services.

  • PRIVACY

You understand that the Website gathers unique information from you to enable Company to provide the Health Care Services, including applicable health information (such as your past and present health conditions, medications, and blood pressure), diagnostic tests, as applicable, and personal information (such as your name, location, and demographic information) (collectively, “Your Information”). Company understands the importance of confidentiality and privacy regarding Your Information. Please see our Privacy Policy for a description of how we may collect, use and disclose Your Information in connection with the Website.

  1. INTELLECTUAL PROPERTY

As between Company and you, Company is the sole and exclusive owner of all right, title and interest in and to the Website and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Website shall be owned solely and exclusively by Company or its licensors, including all intellectual property rights therein. You have permission to use the Website solely for your personal and non-commercial use on the condition that you comply with these Terms. No other right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by us.

Certain names, logos, and other materials displayed in and through the Website may constitute trademarks, trade names, services marks or logos (“Trademarks”) of Company. You are not authorized to use any such Trademarks without the express written permission of Company. Ownership of all such Trademarks and the goodwill associated therewith remains with us.

  • LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES

The Website may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control; therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.

You may have arrived to the Website through a Linked Site. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms will apply to your use of or access to the Website.

  • DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND THE SERVICES ARE PROVIDED THROUGH THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. COMPANY AND ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE SERVICES, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE WEBSITE OR THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER COMPANY NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE WEBSITE. FURTHERMORE, COMPANY DOES NOT GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.

  • LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND SUBJECT TO ANY NON-WAIVABLE RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, NEITHER COMPANY NOR ITS RELATED PERSONS OR LICENSORS WILL BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY SERVICES PROVIDED THROUGH THE WEBSITE. THIS IS TRUE EVEN IF COMPANY OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THIS SECTION, THE TOTAL LIABILITY OF COMPANY AND ITS RELATED PERSONS FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

  • INDEMNIFICATION

You agree to indemnify, defend, and hold Company and any of its Related Persons, licensors, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of these Terms, (ii) your use of material or features available on the Website in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.

  1. MODIFICATIONS TO THE WEBSITE

Company reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Website, or any portion thereof, with or without notice. You agree that Company shall not be liable to you and to any third party for any modification, suspension, or discontinuance of the Website.

  • SUSPENSION AND TERMINATION RIGHTS

The Terms will remain in full force and effect as long as you continue to access or use the Website. You may terminate the Terms at any time by discontinuing use of the Website. Your permission to use the Website automatically terminates if you violate these Terms. We may terminate or suspend any of the rights granted by these Terms and your access to our Website with or without prior notice, at any time, and for any reason. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Class Action Waiver; and Miscellaneous.

Subject to applicable law, Company reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website pursuant to its internal record retention and/or content destruction policies. After any termination, Company will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or required to provide continuing care under applicable legal, ethical, or professional obligations.

  • GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND COMPANY TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY.

  1. Governing Law. The Website is controlled and operated by us from the United States. These Terms will be governed by the laws of the State of [GOVERNING LAW STATE] without regard to conflicts of law principles.

 

  1. Arbitration Agreement. You and Company agree that all claims and disputes relating in any way to your use of our Website, or arising out of or in connection with these Terms, shall be resolved by binding arbitration, to the fullest extent permitted by applicable law, on an individual basis, except for disputes which can be resolved in small claims court, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first agree to these Terms. You also agree that any arbitration will take place in [ARBITRATION CITY, STATE], or another mutually agreeable location, or a location ordered by the arbitrator.

 

  1. Waiver of Jury Trial. IN THE EVENT ARBITRATION IS CONTRARY TO APPLICABLE LAW, YOU AND COMPANY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

 

  1. No Class Arbitrations, Class Actions, or Representative Actions. YOU AND COMPANY AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER COMPANY USERS.

 

  1. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and Company will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. The AAA Rules and filing forms are available at adr.org.

 

  • MISCELLANEOUS

The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. These Terms are not intended to, and do not, limit any non-waivable rights you may have under applicable law. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.

  • COPYRIGHT INFRINGEMENT CLAIMS

Company reserves the right to remove any content or any other material or information available on or through our Website, at any time, for any reason. Company otherwise 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. This Section ‎XXIV describes the procedure that should be followed to file a notification of alleged copyright infringement with Company.

  1. Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Website, you may submit a notification to our Designated Agent at the following address: admin@theterrawellness.com. Any notification to Company 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. An 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;
  • An identification of the content or material that you claim is infringing and where it is located on our Website;
  1. Information sufficient for Company to contact you, such as your address, telephone number, and/or email address;
  2. 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; and
  3. 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.

 

  • INSURANCE OR OTHER MEDICAL COVERAGE

The provision of Health Care Services by Company is not a substitute for health insurance or other health plan coverage (such as membership in an HMO). You acknowledge that you have been advised to obtain or keep in full force your health insurance policy(ies) or plans in order to cover you and your family members for other healthcare services and/or costs. Health Care Services provided through the Website are generally offered on a direct-pay basis and are not submitted by Company for reimbursement by any government health care program or commercial health insurer. It is your responsibility to submit any invoices paid for Health Care Services to any health insurance or health plan coverage provider. We make no representation or warranty that any Health Care Services, prescription products, or other items paid for by you will be covered or reimbursable by any insurance plan, health savings account, flexible spending account, or other benefit program. You are solely responsible for determining whether any payments you make are eligible for reimbursement or tax-advantaged treatment.

  • PATIENT BILL OF RIGHTS

Patients receiving Health Care Services from Company have certain rights as described below:

  1. A patient has the right to be treated with courtesy and respect, with appreciation of his or her individual dignity, and with protection of his or her need for privacy.
  2. A patient has the right to a prompt and reasonable response to questions and requests within the context of the Service.
  3. A patient has the right to know who is providing medical services and who is responsible for his or her care.
  4. A patient has the right to know what patient support services are available, including whether an interpreter is available if he or she does not speak English.
  5. A patient has the right to know what rules and regulations apply to his or her conduct.
  6. A patient has the right to be given information by the health care provider concerning diagnosis, planned course of treatment, alternatives, risks, and prognosis.
  7. A patient has the right to refuse any treatment provided via the Health Care Service unless otherwise required by law.
  8. A patient has the right to receive a copy of a reasonably clear and understandable, itemized bill and/or receipt and, upon request, to have the charges explained.
  9. A patient has the right to impartial access to medical treatment or accommodations, regardless of race, national origin, religion, handicap, or source of payment, subject to the technical limitations of the Health Care Service.
  10. A patient has the right to express grievances regarding any violation of his or her rights, as stated in state law, through the grievance procedure of the health care provider which served him or her and to the appropriate state licensing agency.
  11. A patient is responsible for providing to the health care provider, to the best of his or her knowledge, accurate and complete information about present complaints, past illnesses, hospitalizations, medications, and other matters relating to his or her health.
  12. A patient is responsible for reporting unexpected changes in his or her condition to the health care provider.
  13. A patient is responsible for reporting to the health care provider whether he or she comprehends a contemplated course of action and what is expected of him or her.
  14. A patient is responsible for following the treatment plan recommended by the health care provider.
  15. A patient is responsible for his or her actions if he or she refuses treatment or does not follow the health care provider’s instructions.

 

This Patient Bill of Rights is intended to summarize, and not to limit, certain rights and responsibilities you may have when receiving Health Care Services. To the extent any provision here conflicts with applicable law in your state, the applicable law controls.

 

  • STATE SPECIFIC NOTIFICATIONS

These state-specific notifications are provided to the extent required by, and consistent with, applicable state law. They are not intended to expand any obligations beyond what applicable law requires. If any provision of these state-specific notifications conflicts with these Terms, the applicable state law will govern your rights.

  1. FOR OHIO RESIDENTS
    • If you would like the record of this visit to be forwarded to another provider, please include the name and contact information in a message to us.

 

  1. FOR FLORIDA RESIDENTS
    1. Each provider is a physician licensed by the Florida Board of Medicine or the Florida Board of Osteopathic Medicine. The provider’s hours are variable and will be posted on the Website.
    2. Weight-Loss Consumer Bill of Rights

WARNING: RAPID WEIGHT LOSS MAY CAUSE SERIOUS HEALTH PROBLEMS. RAPID WEIGHT LOSS IS WEIGHT LOSS OF MORE THAN 1 1/2 POUNDS TO 2 POUNDS PER WEEK OR WEIGHT LOSS OF MORE THAN 1 PERCENT OF BODY WEIGHT PER WEEK AFTER THE SECOND WEEK OF PARTICIPATION IN A WEIGHT-LOSS PROGRAM.

CONSULT YOUR PERSONAL PHYSICIAN BEFORE STARTING ANY WEIGHT-LOSS PROGRAM.

ONLY PERMANENT LIFESTYLE CHANGES, SUCH AS MAKING HEALTHFUL FOOD CHOICES AND INCREASING PHYSICAL ACTIVITY, PROMOTE LONG-TERM WEIGHT LOSS.

  • QUALIFICATIONS OF THIS PROVIDER ARE AVAILABLE UPON REQUEST.
  1. YOU HAVE A RIGHT TO:
    1. ASK QUESTIONS ABOUT THE POTENTIAL HEALTH RISKS OF THIS PROGRAM AND ITS NUTRITIONAL CONTENT, PSYCHOLOGICAL SUPPORT, AND EDUCATIONAL COMPONENTS.
    2. RECEIVE AN ITEMIZED STATEMENT OF THE ACTUAL OR ESTIMATED PRICE OF THE WEIGHT-LOSS PROGRAM, INCLUDING EXTRA PRODUCTS, SERVICES, SUPPLEMENTS, EXAMINATIONS, AND LABORATORY TESTS.
    3. KNOW THE ACTUAL OR ESTIMATED DURATION OF THE PROGRAM.
    4. KNOW THE NAME, ADDRESS, AND QUALIFICATIONS OF THE DIETITIAN OR NUTRITIONIST WHO HAS REVIEWED AND APPROVED THE WEIGHT-LOSS PROGRAM ACCORDING TO s. 505(1)(j), FLORIDA STATUTES.

 

  • CONTACT INFORMATION

If you have any questions or concerns, please contact:

Dr. Astor LLC, dba “The Terra Wellness”

400 N Ashley Dr., Ste. 1917

Tampa, FL 33602

admin@theterrawellness.com

Last Modified: 26th Oct, 2026.