Russell Bartels, MD
Optimized Health Terms & Conditions
Optimized Health, LLC is provided as a resource for the evaluation of a client and referral to doctors. We strongly suggest that you carefully read the following terms and conditions. These terms and conditions are subject to change at the discretion of Optimized Health, LLC. It is your responsibility to review them regularly as you will be held to any changes made to the terms and conditions up to the day you submit a request for a consultation from the Optimized Health, LLC.
SECURITY AND PERSONAL DATA
The feelbettermedicine.com website is not intended for minor children.
PERSONALLY PROVIDED INFORMATION
If you choose to provide us with personal information via email or postal mail/courier, or by filling out a form and submitting it through our web site, we use that information to respond to your request and to help us provide you with information or material that you request. We do not give, share, sell, or transfer any personal information to a third party unless required by law.
LINKS TO OTHER SITES
SITE ACCESS AND LICENSES
The Optimized Health, LLC web site access is permitted only for individual and private use by complying with the terms and conditions.
The service provided by Optimized Health, LLC is different from the diagnostic services typically provided by a physician. The Optimized Health, LLC will not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, Optimized Health, LLC may not be aware of facts or information that would affect his or her opinion of your evaluation. Because this is a limitation on the accuracy of his or her opinion, and this is a risk to you, the recommendations of Optimized Health, LLC will be shared with your physician. By deciding to engage this service, you acknowledge and agree that you are aware of this limitation and agree to assume the risk of this limitation.
Your participation in this program will be considered an indication of acceptance of:
The evaluation you will receive is limited and provisional;
Optimized Health, LLC is not intended to replace a full medical evaluation or a face-to-face visit with a physician;
Optimized Health, LLC does not have important information that is usually obtained through a physical examination; and,
The absence of a physical examination may affect Optimized Health, LLC’s ability to diagnose your condition, disease or injury.
Results of the recommendations will be provided to your referring physician.
The Optimized Health, LLC does not accept payment in the form of cash, check, money order, or insurance reimbursement. Major credit cards are the accepted means of payment. You agree to allow us to charge your credit card for evaluations as they are rendered. Upon receipt, please provide us with a valid credit card we can charge for the amount due.
You agree to indemnify, defend and hold harmless Optimized Health, LLC, its officers, directors, employees, agents and third parties, and affiliates (“Indemnified Parties”), from, against and in respect of all liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings, investigation, demands, judgments, settlement payments, deficiencies, penalties, fines, interest and costs and expenses suffered, sustained, incurred or paired by the Indemnified Parties in connection with, resulting from, or arising out of, directly or indirectly, Optimized Health, LLC and/or Physician’s rendering evaluations, advice and/or treatment, Patient’s failure to disclose all relevant information regarding Patient’s medical and physical condition, patient’s use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations, acts or omissions of Optimized Health, LLC or Physician, harm or injury resulting from medical care or pharmaceuticals provided directly or indirectly by Optimized Health, LLC or Physician. Patient is aware of potential side effects associated with the above-described treatment, accepts all risks involved in taking medication and will not seek indemnification or damages from the Indemnified Parties there from. Optimized Health, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Optimized Health, LLC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona without regard to its conflicts of laws rules. Any dispute shall be brought in the courts of Arizona.