OUR WEBSITE IS NOT INTENDED FOR USE IN THE EVENT OF A MEDICAL EMERGENCY.
Optimize U, a Kentucky limited liability company, is referred to herein as “OU”, “we”, or “us”.
By accessing or using any of the OU internet properties including, without limitation, https://www.optimizeunow.com/, and any others released by us, you agree to comply with and be bound by these Terms & Conditions of Use (“Terms”). Please read these Terms carefully. By accessing or using our websites, you agree that you have read, understand and agree to be bound by these Terms. These Terms may be amended periodically. All amendments and updates to these Terms are effective immediately upon change which may occur without notice. If you do not wish to agree to these Terms, you must immediately terminate your use of our websites.
License Grant and Restrictions
You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the OU websites conditioned on your continued acceptance of, and compliance with, these Terms. You may use our websites and our Content (as defined below) for your noncommercial personal use and for no other purpose. We reserve the right to bar, restrict or suspend any user’s access to our websites, and/or to terminate this license at any time for any reason. We reserve any rights not explicitly granted in these Terms.
Unless otherwise expressly stated in these Terms or you receive the prior written consent of Optimize U, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the OU websites, any OU Content (as defined below), or any portion thereof. Further, you may not (i) use the OU websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the OU websites, including OU Content; (ii) interfere with the proper working of the OU websites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the OU websites.
You agree that you will not (i) use any robot, spider or other automatic device, process or means to access our website, (ii) use any manual process to monitor or copy any of the material on this site or for any other unauthorized purpose without the prior written consent of Optimize U (iii) use any device, software or routine that interferes with the proper working of our website, (iv) attempt to interfere with the proper working of our website, (v) take any action that imposes an unreasonable or disproportionately large load on our website’s infrastructure, or (vi) access, reload or “refresh” transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.
You agree that you will not use the website in connection with criminal or civil violations of applicable provincial, state, federal or international laws, regulations or other government requirements, including theft or infringement of copyrights, trademarks, trade secrets or other types of intellectual property; fraud; forgery, theft or misappropriation of funds, credit cards or personal information; and threats of physical harm or harassment. Sending spam or other duplicative or unsolicited messages is an unacceptable use of the website.
You also agree that you will not use our website: (i) to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel or defamation, or (ii) for the distribution of offensive materials, including obscene, indecent and hateful materials.
You agree that you will not use (or attempt to use) our website to violate the security of a network, service or other system. Examples of prohibited activities include hacking, cracking into, monitoring or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.
OU Content:
All trademarks, logos, designs, slogans and trade dress appearing on our website, whether or not appearing in large print, italics or with the trademark symbol, are owned by OU. No right or license is granted, by implication or otherwise, to use any trademark, service mark or logo displayed on our website or any other intellectual property rights of OU.
You may not distribute, modify, transmit, reuse, repost or use the content of our website for public or commercial purposes, including any of its text, images, audio or video, without the written permission of OU. Unless otherwise noted, all content on our website is copyrighted and may not be used, except as provided in these Terms, without the written permission of OU. Unapproved use of materials displayed on our website may infringe rights of third parties not owned by, or affiliated with, OU.
If OU permits you to download or otherwise access software, such as electronic medical records or scheduling or payment software, the software (including any data or images incorporated in or generated by the software) is licensed to you. You do not receive title to this software, and you may not distribute or use the software other than for the purpose of using the applicable feature or service as offered by OU. You may not modify, adapt, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of such software. Except as expressly provided, you may not create any derivative works of the software or any services available on the website. This license is revocable at any time without notice and with or without cause. You agree to destroy or return to Optimize U all copies of the software upon revocation of your license to the software and/or termination of your access to it. The software is subject to all restrictions on use, disclaimers of warranties and other provisions in these Terms & Conditions of Use. In the event that the software is also subject to a separate end user license agreement, the terms of such end user license agreement shall control any conflict between those terms and these Terms & Conditions of Use.
No Medical Advice, Disclaimer, No Warranty
OUR WEBSITE IS NOT INTENDED FOR USE IN THE EVENT OF A MEDICAL EMERGENCY.
The information that you obtain from our website is provided for informational purposes only. The website is not intended to offer medical advice from OU. The website may provide you with information or facilitate your communication with a healthcare provider, but is not a substitute for the professional judgment of a healthcare provider. Call your healthcare provider or “911” immediately if you think you have a medical emergency. Always seek the advice of your physician or other qualified healthcare provider prior to starting any new treatment, or if you have any questions regarding symptoms or a medical condition.
THE INFORMATION AVAILABLE ON OUR WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OPTIMIZE U, ITS AFFILIATES AND SERVICE PROVIDERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE USE OF OUR WEBSITE, AND/OR CONTENT OR INFORMATION CONTAINED ON OUR WEBSITE. OPTIMIZE U SHALL NOT BE HELD LIABLE UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH USE OF OUR WEBSITE FOR AN AMOUNT MORE THAN $500.
We prescribe testosterone replacement therapy, human growth hormone replacement therapy, and other hormone replacement therapy only after an in-office, comprehensive evaluation by the prescribing doctor indicates that the therapy is not only safe, but also medically necessary for symptom relief, prevention & treatment of age-related chronic disease, & the experience of full potential health. We do not prescribe any medical treatments solely for weight loss, bodybuilding, or athletic performance enhancement, or for solely “anti-aging” purposes. We do not prescribe HGH for off-label uses under any circumstances.
Naturopathic physicians are not legally defined as “physicians” or “osteopathic physicians,” or “medical doctors,” and testosterone replacement therapy, hormone replacement therapy, or anti-aging or regenerative medicine are not board-certified medical specialties” (20 CFR § 702.404).
Privacy:
OU’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Privacy Policy and E-Privacy Policy, which are incorporated by reference into these Terms & Conditions of Use.
Healthcare Provider Information:
You may be able to access healthcare provider information from the website. This information was obtained by us from our healthcare providers. OU makes no guarantee or warranty as to the accuracy, timeliness, or completeness of the information on our website.
Third-party links:
OU may provide links to other websites maintained by third parties over which OU exercises no control. These third-party links are not intended to endorse any particular company or product. OU has no responsibility or liability for the content or activities of these third-party sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Data Charges:
Accessing our website or any related application may result in additional fees from your network or data provider. OU is not responsible for any fees payable to third parties, including network or data providers. You are solely responsible for all charges payable to third parties.
Comments and Submissions
OUOU welcomes your comments. All comments, suggestions or other information sent by you to OU become/s our property and you agree that all intellectual property rights therein are transferred to us. OU shall own any developments made by, or on behalf of, OU arising out of your comments, suggestions or other submissions. To the extent OU does not own such materials, you grant and agree to grant OU a non-exclusive, royalty-free, perpetual, irrevocable license to utilize, create derivative works of, distribute and sublicense such materials for any purpose in connection with our websites, products and services. You have no expectation of any review, compensation or consideration for any submission hereunder.
Indemnification:
You agree to indemnify and hold harmless Optimize U and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors, contractors and others involved in our website or the delivery of products, services or information over our website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms & Conditions of Use or your use of any products, services or information obtained from our website.
Applicable Law:
These Terms & Conditions of Use shall be governed in all respects by and construed in accordance with the laws of the State of Kentucky, without regard to its conflicts of law principles. You hereby consent to the exclusive jurisdiction of the state and federal courts located in or near Paducah, Kentucky, with respect to any action arising in connection with our website.
Your information. Your rights. Our responsibilities:
Optimize U, a Kentucky limited liability company, is collectively referred to herein as “OU”, “we”, or “us”.
This Privacy Policy (“Privacy Policy”) explains which data we collect, how we collect that data, who we collect that data from, what we do with that data, including to whom or to what we share that data, and your consumer rights for how we do all of this.
Your information: The information subject to this policy includes your “personal identifying information,” as well as your “protected health information” that you share with us during the course of your treatment with our clinics. Personal identifying information means information that can be used to identify you as an individual. Protected health information is personal identifying information specifically related to your health.
Your rights: You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly. You can also choose how we contact you and how we share certain information. You have the right to file a complaint according the process outlined below.
Our responsibilities: We are required by law to maintain the privacy and security of your personal and protected health information. We will let you know promptly if we determine that a breach has occurred that may have compromised the privacy or security of your physically or electronically stored information. We must follow the duties and privacy practices described in this notice and give you a copy of it. We will not use or share your information other than as described here unless you tell us you want us to do so in writing.
We do not sell or share your information with others:
Unless you provide us with permission (for instance, by authorizing the release of your medical records to a third party) we will not release or share your personal identifying information or your protected health information with anyone or any entity, unless the law requires us to do so.
You can ask to see or get an electronic or paper copy of your medical record and other health information at any reasonable time:
We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee when appropriate.
You can also ask us not to use or share certain health information. We are not required to agree to your request. We will say “yes” unless a law requires us to share that information.
You can ask us to correct health information about you that you think is incorrect or incomplete.
For certain health information, you can tell us your choices about what we share:
Let us know if you have a clear preference for how we share your information. You can tell us how to (i) share information with your family, close friends, or others involved in your care, (ii) share information in a disaster relief situation, (iii) share information through communication instructions that you provide to us (text, email, etc.). If you are not able to tell us your preferences, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
If you have given someone medical power of attorney (not a durable power of attorney or a general power of attorney) or if someone is your legal guardian, that person can exercise your rights and make choices about your health information. We will make sure the person has this authority and can act for you before we take any action.
You can ask us to contact you in a specific way:
Let us know if you have a clear preference for how we contact you to coordinate your care or to provide you with information about the services we provide, whether it’s via your home, office, or mobile phone, or via a certain email address, or whether you’d like us to contact you via text messages.
As a service to our patients, we provide courtesy appointment reminder calls, emails, and / or texts to your mobile phone. If you use voicemail, we may leave you a voicemail message. The information transmitted may include protected health information. You have the right to opt out of these programs if you do not consent to receiving such communication. Let us know in writing and we will remove you from these programs.
How we use your information:
We only use your information for a few different reasons:
1 – We can share your health information with other medical professionals who are treating you – at your request via a medical records release authorization.
2 – We can use your information to provide you with customer service from our administrative team and medical care from our medical team. For example, we will use your name and phone number and your service and payment information and history to call you to collect payment if you’re making a purchase for a product or service, or to coordinate other logistics for your medical care. In other words, we can use your information within our office in order to operate our business in order to serve you.
3 – We can use your information such as your name and your phone number or your email address to text and / or email you and / or call you to remind you of your appointments, or to contact you in order to schedule an appointment for you, or to contact you to provide you with information about our products and services that may be of interest to you, or to provide you with a monthly newsletter, or other important updates about our business.
4 – We are sometimes obligated to share your information by state or federal law: (1) preventing disease, (2) helping with product recalls, (3) reporting adverse reactions to medications, (4) reporting suspected abuse, neglect, or domestic violence, or (5) preventing or reducing a serious threat to anyone’s health or safety. In these cases, we would take steps to protect your personal information to the fullest extent possible.
5 – We will sometimes need to share your information for other reasons: (1) We may share your health information to respond to requests from a medical examiner, coroner, or funeral director. We may share your health information in response to a proper request, for instance, we can use or share your health information about you for: (2) Workers’ compensation claims, (3) Law enforcement purposes, (4) Health oversight agencies to perform activities authorized by law, (5) Special government functions such as military, national security, or presidential protective services, (6) Responses to lawsuits or legal actions, or (7) Responses to a subpoena or court or administrative order.
To file a complaint if you have one:
You can complain if you feel that we have violated your privacy rights by calling 270.640.0124 and asking to speak with Joshua H. regarding privacy enforcement.
You can also file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints. We will not retaliate against you for filing a complaint.
We can change the terms of this notice:
We can make changes to this Privacy Policy at any time without notice, and the changes will apply to all information we have about you. The new notice will be available upon request, in our office, and always here on our website. The date of the last update to our privacy policy will always be clearly marked. We recommend that you review this policy periodically.
Scope:
This Notice of Electronic Privacy Practices (“E-Privacy Policy”) applies to information collected through any webpages that display or link to this privacy policy page. For more information on how we collect and protect your information, please review our Privacy Policy.
Regarding information shared by you on our website or collected by our website or otherwise online:
Outside of embedded web applications or forms on our website where you personally choose to engage and enter your personal identifying and/or personal health information, YOU CAN ACCESS AND BROWSE OUR WEBSITE AT ANY TIME WITHOUT PROVIDING ANY PERSONAL INFORMATION, as our website does not automatically collect any personal information, including any information that would personally identify you.
Considerable resources have been invested into the security of our website. We force SSL throughout our website – in other words it’s incredibly difficult for you to use our website without encryption and privacy of transmitted information. And we have implemented premium firewall technology throughout our website – in other words it’s incredibly difficult to break into our website and get information from it. As such, our website is much more secure than it needs to be in order to be HIPAA and HITECH compliant. Your personal identifying information and/or personal health information submitted through any embedded web applications or forms on our website is encrypted and more than reasonably safe. Many additional steps and additional resources have been taken and invested into your privacy and the security of your information and our website.
Information our website collects automatically:In order to better understand how people use our website, we utilize two third-party tools called Google Analytics and Bing Analytics web analysis services, provided by Google and Bing respectively. Google Analytics and Bing Analytics only automatically collect information we have given them permission to collect. We have very precisely configured our installation of Google Analytics and Bing Analytics to be compliant with the European Union’s GDPR requirements, which far surpass USA privacy and security requirements, to only collect anonymous information via an anonymous IP permission, and to not use it for remarketing or retargeting purposes. Your interaction with our website is completely anonymous. How you interact with our website will not be used by Google Analytics or Bing Analytics or any other third party to interact or engage with you before or after your interaction with our website. In other words, they should not market to you or individualize your experience of Google or Bing in any way differently due to your interaction with our website.
The only information we have given Google Analytics and Bing Analytics permission to collect is information such as: how often a user visits our website, which pages they visit, how long they spend on those pages, what they interact with on those pages, which websites referred them to our website, browser type, device type, operating system, date/time stamp, their general location only as specific as their zip code, and solely based on an anonymous IP address. This information is only used internally to improve our website. We do not utilize any other third-party tools on our website to collect any information whatsoever, and we do not share any of this anonymous information with any digital marketing agency or other third-party.
When interacting with our services within your social media profile, we may automatically be provided with information stored within your social media that has been authorized by you to be shared by your social media within such social media. This information may include your contact information, email address, friend information, friends and pages with whom you have an association, and other information stored within social media. We don’t have any control over any of this information, as it is yours and you are in control of your own social media permissions. If you do not want this information to be shared and collected, please modify your data permissions within that social media platform.
You have control over your information:
You have a variety of tools at your disposal to manage cookies and similar technologies that collect information related to your use of our website and your social media. You can adjust your preferences in your web browser. For example, you can choose to block or delete cookies, or adjust your tracking preferences. You can choose to browse privately. You can use Digital Advertising Alliance’s opt-out page to opt-out of receiving third party advertiser cookies.
For cookies and similar technologies used on your mobile phone for applicable targeted advertising activities, follow the steps provided by your mobile device platform provider (Apple, Android or others) to opt out of having your information collected and used.
Acceptance of these terms and conditions:
Each time that you use our website you signify that you have read, understood, and agree to be bound by the Terms of Use, which incorporate this E-Privacy Policy. If you do not agree to the terms of this E-Privacy Policy or to the use of your information as set forth in this privacy statement, please do not use our website.
Your continued use of our website subsequent to changes in this E-Privacy Policy will signify your acceptance of the changes.
To file a complaint if you have one:
You can complain if you feel that we have violated your privacy rights by calling 370.640.0124 and asking to speak with Joshua H. regarding privacy enforcement.
You can also file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints. We will not retaliate against you for filing a complaint.
Changes to this E-Privacy Policy:
We can make changes to this E-Privacy Policy at any time without notice, and the changes will apply to all information we have about you. The new e-privacy policy will be available upon request, in our office, and always here on our website. The date of the last update to our e-privacy policy will always be clearly marked. We recommend that you review this policy periodically.
Reservation of rights:
By using our website you consent, and we reserve the right, to use the data we collect from you as described in this privacy policy. Additionally, you consent, and we reserve the right, to use the data we collect from you in ways that are consistent with the then-current disclosed privacy policy regardless of when your data was collected (i.e., we can use your data in ways that are consistent with the current disclosed practice, but which may not be entirely consistent with the previously disclosed practices when your information was originally collected).
