Terms and Conditions
These Terms of Service ("Terms") govern your access to and use of the Crescent City Weight Loss website, located at https://crescentcityweightloss.com (the "Website") and the Crescent City Weight Loss app and services that facilitate direct access to services provided by physicians who are contracted with or employed by affiliated physician practices (the "Physician(s)"), for the ordering of certain medications from Crescent City Weight Loss. You agree that by visiting the Website, or by registering or using the Services, you, the individual ("you" or "your") are entering into a legally binding agreement with Crescent City Weight Loss, LLC., located at 631 St. Charles Ave, Suite 2B based on these Terms as well as Crescent City Weight Loss's Privacy Policy and Crescent City Weight Loss Informed Consent, each of which are hereby incorporated by reference in these Terms (collectively, the "Agreement"). Your access to and your use of the Services are conditioned on your acceptance of and compliance with the terms of this Agreement. By accessing or using the Services, you agree to be bound by the Agreement.
Section 1: Basic Terms
Crescent City Weight Loss acts as a technology platform to connect registered users of the Website with Physicians for medical consultations and dispensing of medications prescribed by the Physicians. Crescent City Weight Loss is not a health care provider or pharmacy and does not offer or provide any medical advice, treatment recommendations, or pharmacy services.
You acknowledge that you are not entering into a physician-patient relationship with Crescent City Weight Loss, and that Crescent City Weight Loss is not liable for any advice, medical care, or treatment you receive by the Physicians affiliated with Crescent City Weight Loss or for any consequences, injury or harm that may result therefrom.
Physicians employed or under contract with Crescent City Weight Loss provide specific medical consultations through the Website. Crescent City Weight Loss does not own the Medical Practice, nor does Crescent City Weight Loss control the practice of medicine by the Medical Practice or its Physicians. The content of the Website and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Crescent City Weight Loss.
You are responsible for verifying that any information you provide to Crescent City Weight Loss or a treating Physician is accurate and complete. Crescent City Weight Loss will not be liable for any damages or losses that occur as a result of untruthful, inaccurate or otherwise incomplete information. The Services are not a substitute for in-person treatment or advice of your primary care physician or other health care providers. The Website facilitates medical consultations limited to diagnosis and treatment of certain health issues, and not for any other medical or health issue. If you are not feeling well, contact your primary care physician. The Website is not to be used for medical emergencies.
IF YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR GO IMMEDIATELY TO THE EMERGENCY ROOM.
Section 2: Eligibility to Use the Services
The Services currently are available only in the State of Louisiana in order to use the Services. You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with Crescent City Weight Loss and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. The Services are not available to individuals under the age of eighteen (18). You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
The form and nature of the Services are always evolving, and may change from time to time without prior notice to you. In addition, Crescent City Weight Loss may decide to temporarily or permanently stop providing the Services, or any features within the Services, to you or to users generally, and may not be able to provide you with prior notice when doing so. Crescent City Weight Loss retains the right to create limits on use of the Services, and/or storage of your information related to the Services, at our sole discretion at any time and without prior notice to you.
The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change at any time and without prior notice to you. In consideration for Crescent City Weight Loss granting you access to and use of the Services, you agree that Crescent City Weight Loss, its partners, and any third party providers may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.
Section 3: Registering for an Account
You must create a user account in order to use the Services. You may create such an account by registering through the Website and providing us with accurate and complete information as requested, including but not limited to completing an adaptive interview that asks about your health and medical conditions and symptoms (the "Registration").
You must update your Registration, as needed, in order to keep it accurate and complete.
Upon completion of your Registration, you may utilize the Website to consult with a Physician and, if medically indicated, to place your order for products. We will assign you a Physician from the Medical Practice who is licensed to practice in the state where you are located. The Physicians will not prescribe any medications that are DEA controlled substances.
Section 4: Payment for the Services
By entering your payment information and submitting your request, you authorize us and our third party payment processors to charge the amount(s) due. Any health care services not made available through the Website are not included in the payments collected by Crescent City Weight Loss, and are separately chargeable by the Physicians as applicable.
Federal and state health care programs, such as Medicare and Medicaid, do not cover or pay for the Services, including your medical consultations and pharmacy products. Neither Crescent City Weight Loss, the Medical Practice, the Physicians, nor the Pharmacies, submit any claims for payments to third parties for Services provided to you. You acknowledge and agree that you are solely responsible for the cost of any services or products provided to you, that no claims for reimbursement will be submitted on your behalf, and that you will not submit a claim for reimbursement to any third party for the Services.
Section 5: Privacy
Any information that you provide to Crescent City Weight Loss is subject to our Privacy Policy, which governs the transfer of this information to or within the United States and/or to other countries for storage, processing and use by Crescent City Weight Loss. As part of providing the Services, we may need to provide you with certain communications, such as collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including announcements and administrative messages. These communications are considered part of the Services and your Crescent City Weight Loss account, which you may not be able to opt-out from receiving.
Section 6: Crescent City Weight Loss's Rights
Subject to the terms of this Agreement, Crescent City Weight Loss grants you a limited and non-exclusive license (without the right to sublicense) to access and use the Services as provided herein. Crescent City Weight Loss is the sole and exclusive owner of the Website, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Website and any related materials and documentation. No title or ownership of the Website or any portion thereof is transferred to you hereunder. Crescent City Weight Loss reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Website.
All rights, title, and interest in and to the Services and any content available on the Services are and will remain the exclusive property of Crescent City Weight Loss and its licensors. The Services and its content are protected by copyright, trademark, and other laws of the United States. Crescent City Weight Loss reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Crescent City Weight Loss, or the Services, are entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you. Notwithstanding the foregoing, any content, such as postings, messages, or photos that you upload to the Website, including any content that you submit using the Services in connection with any medical consultation, belongs to you and you authorize Crescent City Weight Loss to use and disclose such content in connection with providing the Services.
Section 7: Restrictions on Use of the Services
Crescent City Weight Loss reserves the right, at all times, but will not have an obligation, to suspend and or terminate users or reclaim usernames without liability to you. Crescent City Weight Loss may, in its sole discretion, terminate your access to the Website and Services, or any portion thereof, for any reason whatsoever without prior notice.
You may not do any of the following while accessing or using the Services:
- access, tamper with, or use non-public areas of the Services, Crescent City Weight Loss's computer systems, or the technical delivery systems of Crescent City Weight Loss providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Crescent City Weight Loss (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Crescent City Weight Loss (NOTE: scraping the Services without the prior consent of Crescent City Weight Loss is expressly prohibited);
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
- interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
Section 8: Ending These Terms
These Terms will continue to apply until terminated by either you or Crescent City Weight Loss as follows:
You may end your Agreement with Crescent City Weight Loss at any time, for any reason, by deactivating your Crescent City Weight Loss account and discontinuing your use of the Services. In order to deactivate your account, please contact us at (504) 384-6040.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe:
- you have violated these Terms;
- you create risk or possible legal exposure for us;
- our provision of the Services to you is no longer commercially viable; or
- our relationship with the affiliated Medical Practice or Pharmacy ends.
We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your Crescent City Weight Loss account.
In all such cases, these Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination, such as indemnification and limitations on liability.
Nothing in this section shall affect Crescent City Weight Loss's rights to change, limit, or stop the provision of the Services without prior notice, as provided above.
The Medical Practice will retain your medical records for a period of five (5) years, unless a longer period is required by state or federal law, after which they may be destroyed. Individual Physicians, or the Pharmacies, may retain your medical records for a longer or shorter period of time as required by law.
Section 9: Disclaimers, Limitation of Liability, and Indemnity
Please read this section carefully since it limits the liability of Crescent City Weight Loss and its stockholders, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Crescent City Weight Loss Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available "As-Is"
Your access to and use of the Services is done at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, THE CRESCENT CITY WEIGHT LOSS ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Crescent City Weight Loss Entities make no warranty and disclaim all responsibility and liability for:
- any actions of Crescent City Weight Loss users, including without limitation, any advice, recommendations, treatment plans or other information provided by the affiliated Physicians and Pharmacies;
- the completeness, accuracy, availability, timeliness, security or reliability of the Services or any information provided on the Services;
- any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content;
- the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services;
- whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis;
- any advice or information you receive through the Services; and
- any injuries or harm you or a third party incurs as a result of information or advice received through the Services.
No advice or information, whether oral or written, obtained from the Crescent City Weight Loss Entities or through the Services, will create any warranty not expressly made herein.
TO THE EXTENT LEGALLY PERMITTED, YOU EXPRESSLY RELEASE THE CRESCENT CITY WEIGHT LOSS ENTITIES FROM ANY AND ALL LIABILITY FOR ANY DAMAGES, SUITS, CLAIMS, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE THAT MAY ARISE FROM OR RELATE TO ANY ACTS OR OMISSIONS OF THE MEDICAL PRACTICE, PHYSICIANS, OR PHARMACIES IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, THE PROVISION OF MEDICAL SERVICES, CONSULTATION, OR TREATMENT BY PHYSICIANS.
Some of Crescent City Weight Loss's shareholders, directors, officers, contractors, or employees may have a financial interest in the Medical Practice, or any other third party supplier of goods or services, and may profit from your use of such entities and/or the sale of such goods and services to you. Dr. Jason Morvant, President of the Medical Practice, is Crescent City Weight Loss's Chief Medical Officer and receives compensation from Crescent City Weight Loss, including but not limited to an equity interest in Crescent City Weight Loss, for the performance of his non-clinical services to Crescent City Weight Loss.
B. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CRESCENT CITY WEIGHT LOSS ENTITIES, THE MEDICAL PRACTICE, THE PHYSICIANS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
EXCEPT AS REQUIRED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CRESCENT CITY WEIGHT LOSS ENTITIES, THE MEDICAL PRACTICE, THE PHYSICIANS, EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID CRESCENT CITY WEIGHT LOSS, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE CRESCENT CITY WEIGHT LOSS ENTITIES, THE MEDICAL PRACTICE, THE PHYSICIANS, HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
C. Indemnification
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless Crescent City Weight Loss and the Crescent City Weight Loss Entities, from and against any and all liabilities, expenses, damages, and costs, including, but not limited to, reasonable attorneys' fees and costs, related to all third party claims, charges and investigations related to:
- any information, advice, treatment recommendations, or other content you transmit via the Services;
- your failure to comply with the Terms, including without limitation, your obligations and representations provided in Section 1;
- your interactions with any other Crescent City Weight Loss user;
- your use or disclosure of information, including without limitation, personal information or medical information you learned about on or through the Services; and
- any activity in which you engage on or through the Services.
Section 10: Miscellaneous Terms
A. Waiver and Severability
The failure of Crescent City Weight Loss to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the state of Louisiana. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Orleans Parish, Louisiana, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You agree that you may only bring claims against Crescent City Weight Loss related to your use of the Services on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
C. Entire Agreement
These Terms, our Privacy Policy, and your Informed Consent are the entire and exclusive agreement between Crescent City Weight Loss and you regarding the Services (excluding any service for which you have a separate agreement with Crescent City Weight Loss that is explicitly in addition or in place of these Terms). These Terms supersede and replace any prior agreements between Crescent City Weight Loss and you regarding the Services.
We may revise these Terms from time to time, and the most current version will always be at https://crescentcityweightloss.com/terms. If we, in our sole discretion, determine that the revision is material, we will notify you via email to the email address associated with your account. If you do not wish to be bound by any such revisions to the Terms, your sole and exclusive remedy is to discontinue your use of the Website and the Services. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
D. Assignment
These Terms are personal to you, and are not assignable, transferable, or sub-licensable by you except with Crescent City Weight Loss's prior written consent. Crescent City Weight Loss may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
We reserve the right to refuse service to any patient who violates this code of conduct or engages in behavior that is deemed inappropriate or harmful to our medical professionals or staff.