Terms of service

These Terms of Service contain an arbitration provision and class action waiver. Please review the Arbitration section for details.

These Terms of Service (the “Terms”) govern your use of our website, rnkhealth.com (the “Site”), and related services or products made available for purchase (collectively, the “Services”). RNK Health LLC (“RNK” “Company” “we” or “us”) provides the Site and Services. “You” refers to you as a user of the Site or Services. 

THIS IS A LEGALLY BINDING CONTRACT. BY ACCESSING OR USING THE SERVICES OR BY INDICATING YOUR ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE AND REPRESENT THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU ALSO REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS CONTRACT AND ARE NOT PROHIBITED BY LAW FROM ACCESSING OR USING THE SERVICES. YOU DO NOT HAVE TO ENTER INTO THESE TERMS, BUT IF YOU DO NOT, YOU WILL NOT BE PERMITTED TO, AND YOU MAY NOT, USE THE SERVICES.

• Overview.

  RNK, on its own behalf own behalf and on behalf of one or more professional corporations incorporated, formed or authorized in one or more states and for which Company provides administrative services, including but not limited to OpenLoop Healthcare Partners, PC and its affiliated entities (OpenLoop Healthcare Partners California, PC, OpenLoop Healthcare Partners Colorado, PC, OpenLoop Healthcare Partners New Jersey Professional Corporation, OpenLoop Healthcare Partners, Wisconsin, S.C., OpenLoop Healthcare Partners Puerto Rico, P.C., Reliant MD Medical Associates PLLC) (collectively, the "Professional Entities"), makes certain information available to you regarding remote weight loss treatment programs and facilitates your access to telemedicine and expert medical services provided by the Professional Entities. Our Privacy Policy details how we may use, share and maintain any information that you provide to us or to the Professional Entities. The Company`'`s role is limited to making such information available to you and/or facilitate your access to the Services, on behalf of the Professional Entities as their "business associate" as that term is defined under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations ( "HIPAA"). The Company is independent from the Professional Entities and the healthcare providers that may provide you with telehealth services through the Professional Entities. The Company is not responsible for the Professional Entities' acts, omissions or for any content of the communications made by them to you. The Company does not engage in the practice of medicine or provide any other health services.

• Eligibility.

  To use the Services, you must be at least 18 years of age. By using the site or accessing the Services, You represent that you are at least 18 year of age. You may not use the Services if you are less than 18 years of age. The Services are only intended for and provided for people located in the United States. If you access the Services from outside the United States, you do so at your own risk and are solely responsible for compliance with local laws.

• Your Account.

  Certain aspects of the Services may require you to create an account and/or accepting/signing consent forms, answering questionnaires, and selecting a user ID and password (your “Account”). You agree that the information you provide as part of the registration process will be true, current and complete, and you agree to update such information as applicable so that it continues to be true, current and complete. Your Account is personal to you and may not be used by any other person. You alone are responsible for use of and access to your Account. You agree to contact us support@rnkhealth.com if you become aware of any unauthorized use of the Services on your Account.

• Medical Advice.

  Certain aspects of the Services may require you to create an account and/or accepting/signing consent forms, answering questionnaires, and selecting a user ID and password (your “Account”). You agree that the information you provide as part of the registration process will be true, current and complete, and you agree to update such information as applicable so that it continues to be true, current and complete. Your Account is personal to you and may not be used by any other person. You alone are responsible for use of and access to your Account. You agree to contact us support@rnkhealth.com if you become aware of any unauthorized use of the Services on your Account.

• Additional Terms.

  Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through prior to your use of that Service. By using that Service, you agree to the Additional Terms. You may be required to accept the terms to use that Service.

• Acceptable Use of the Services.

  You may use the Services for your personal use only. You are responsible for your use of the Services, and for any use of the Services made using your Account. Our goal is to create a positive, useful, legal and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you may not:

  1. violate any law or regulation;
  2. violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
  3. post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  4. send unsolicited or unauthorized advertising or commercial communications, such as spam;
  5. engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;
  6. transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  7. stalk, harass, or harm another individual;
  8. impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
  9. use any means to scrape or crawl any web pages contained in the Services;
  10. attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services;
  11. attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services;
  12. advocate, encourage, or assist any third party in doing any of the foregoing.
• Ownership of the Services.

  We (or our licensors) own all right, title, and interest in and to (a) Services, including all software, text, media, and other content available in the Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”). The Services, Our Content, and Marks are all protected under U.S. and international laws. The look and feel of the Services are copyright © RNK Health LLC All rights reserved. You may not duplicate, copy, or reuse any portion of the App, including any visual design elements or concepts without express written permission from us.

• Electronic Communications.

  By using the Site and Services, you expressly consent to receiving communications via email as well as SMS messages or telephone calls via the telephone number you provided. All communications including but not limited to authorizations, confirmations, notices, or verifications satisfy any legal requirements for written communications.

• Privacy.

  Your privacy is very important to us. Our  Privacy Policy  explains how we collect, use, protect, and when we share personal information and other data with others. You are responsible for maintaining the confidentiality of your Account information, including your private key. You are responsible for all activities that occur under your Account and you agree to notify us immediately of any unauthorized access or use of your Account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your Account.

• Links.

  Your privacy is very important to us. Our The Services may contain links to other websites and online resources solely for convenience. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.

• Changes to the Services.

  We enhance and update the Services often. We may change or discontinue the Services at any time, with or without prior notice to you.

• Termination.

  We reserve the right not to provide the Services to any person. We also reserve the right to terminate any user’s right to access the Services at any time, at our discretion. If you violate any of these Terms, your permission to use the Services will be revoked.

• Availability of Services.

  RNK Health LLC offers its services, including telehealth and prescription weight loss treatments, to individuals located within the United States. We currently provide services in all 50 states, subject to change based on state and federal regulations, as well as changes in licensing requirements. You acknowledge that the availability of our services may be subject to these regulations and that coverage may be restricted or modified in the future. RNK Health LLC reserves the right to update the states in which it offers services without prior notice.

• Disclaimer and Limitations on Our Liability.

  YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONSULTANTS, SUPPLIERS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

  IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FURTHER, COMPANY MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES.

  YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

  You understand and agree that we have set our fees and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

• Indemnification.

  To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, relating to, any actual or alleged breach of these Terms by you or anyone using your Account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

• Arbitration Agreement & Waiver of Certain Rights.

  Except as set forth below, you and we agree that we will resolve any controversies, claims, counterclaims, or other disputes between you and us or you and a third-party agent of ours (each a “Claim”) through binding and final arbitration, instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, validity, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable.

  Any party to the arbitration may, at any time more than ten (10) days before arbitration, serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.

  If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

  This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

  Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class, consolidated or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated without prior written consent of the parties. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

  If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with us.

  THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

• Other Provisions.

  Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

  These Terms will be governed by and construed in accordance with the laws of the State of New York without giving effect to any conflict of laws rules or provisions.

  Without altering the arbitration requirement set forth above, in the event any action of whatever nature relating to these Terms and Services must be filed in a court, we mutually agree that such action may only be filed in the state or federal courts located in New York, New York. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action and agree not to challenge the personal jurisdiction or convenience of the forum.

  If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

  The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

  We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

• Changes to these Terms.

  From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on our website. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Services, you are agreeing to the revised Terms. You may be required to indicate acceptance of the changed Terms to continue use of the Services.

Please print a copy of these Terms for your records and PLEASE check the Terms frequently for any changes.

If you have any questions or concerns, please contact us at  support@rnkhealth.com