Welcome to ShapeUp Weight & Wellness, PLLC (“ShapeUp,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website, https://shapeupweightwellness.com (the “Website”).
By accessing or using this Website, you agree to these Terms. If you do not agree, please discontinue use of the Website.
1. Purpose of This Website
ShapeUp Weight & Wellness provides information about medical weight management, telehealth services, prescription medication management, laboratory testing, health monitoring, fitness coaching, and related wellness services.
The Website is intended to provide general information about our practice, services, and approach to weight management. Information on this Website is not a substitute for an individualized medical evaluation, professional medical advice, diagnosis, or treatment.
Use of this Website does not establish a provider-patient relationship between you and ShapeUp Weight & Wellness or any of its healthcare providers.
A provider-patient relationship is established only after the appropriate intake, evaluation, consent, and acceptance procedures have been completed, as applicable.
2. Eligibility and Permitted Use
You agree to use this Website only for lawful purposes and in accordance with these Terms.
You agree not to:
- Use the Website in violation of any applicable federal, state, or local law.
- Attempt to gain unauthorized access to the Website, its systems, or any associated accounts.
- Interfere with the security, functionality, or operation of the Website.
- Submit information that you know to be false, misleading, or fraudulent.
- Copy, reproduce, distribute, or commercially exploit Website content without our prior written permission, except as permitted by law.
We reserve the right to restrict or terminate access to the Website when reasonably necessary to protect our business, users, systems, or legal rights.
3. No Medical Advice or Emergency Services
The information provided on this Website, including information about weight loss, nutrition, exercise, medications, laboratory testing, and health conditions, is for general educational and informational purposes only.
Website content should not be relied upon as individualized medical advice or used to diagnose, treat, cure, or prevent any medical condition.
Do not start, stop, or change any medication, supplement, exercise program, or other treatment based solely on information found on this Website.
This Website is not intended for medical emergencies. If you believe you are experiencing a medical emergency, call 911 or seek immediate emergency medical care. Do not use the Website, email, text messaging, or routine telehealth communications to seek emergency assistance.
For non-emergency medical concerns, contact your established healthcare provider or arrange an appropriate medical evaluation.
4. Telehealth Services and Provider Availability
ShapeUp Weight & Wellness offers or may offer healthcare services through telehealth, including video appointments, remote consultations, treatment monitoring, and follow-up visits.
ShapeUp Weight & Wellness currently offers or may offer services to eligible patients located in Utah and Idaho, subject to provider licensure, applicable law, clinical eligibility, and service availability.
Patients must be physically located in a state where the treating provider is authorized to provide the applicable services at the time of each telehealth encounter. Patients must accurately disclose their physical location when receiving telehealth services. Services will not be provided when the treating provider is not authorized to provide them in the patient's location.
Telehealth services are subject to applicable laws, professional licensing requirements, clinical appropriateness, provider availability, and the terms of any applicable service agreement or informed consent.
Our providers may decline, postpone, modify, or discontinue a proposed treatment when clinically appropriate or when required by law.
Use of this Website or submission of an inquiry does not guarantee eligibility for treatment, acceptance as a patient, or availability of a particular service.
5. Prescription Medications and Treatment Outcomes
Prescription medications are provided only when prescribed by an appropriately licensed healthcare professional following an appropriate clinical evaluation and when medically indicated.
Information about prescription medications on this Website is provided for educational purposes and does not constitute a prescription or guarantee that a particular medication will be appropriate or available for any individual.
All medications have potential risks, contraindications, side effects, and limitations. Patients are responsible for providing accurate and complete health information, disclosing relevant medications and medical history, and following their healthcare provider's instructions.
Treatment decisions, medication selection, dosing, monitoring, and continuation are determined by the treating provider based on individual circumstances and applicable requirements.
Weight loss and other treatment outcomes vary among individuals. ShapeUp Weight & Wellness does not guarantee a particular amount of weight loss, rate of progress, or other clinical outcome.
Medication availability, prescribing requirements, pharmacy practices, and applicable regulations may change. We do not guarantee the availability of any particular medication, formulation, pharmacy, or treatment option.
6. Fitness Coaching and Wellness Information
Fitness coaching, exercise recommendations, nutritional information, and other wellness resources are intended to support general health and weight-management goals.
These services are not a substitute for individualized medical evaluation or treatment when medically necessary. Participation in exercise or wellness activities involves potential risks, and individuals should seek appropriate medical guidance before beginning a new program when indicated by their health status.
You are responsible for informing your healthcare provider or coach of relevant limitations, symptoms, injuries, or changes in your health.
7. Appointments, Fees, and Payments
Certain services offered by ShapeUp Weight & Wellness may require payment. Pricing, payment schedules, included services, and applicable terms will be communicated through the Website, during enrollment, or in a separate service agreement.
By purchasing or enrolling in a service, you agree to the applicable fees and payment terms disclosed to you at the time of purchase or enrollment.
Appointment scheduling, cancellations, missed appointments, refunds, program changes, and payment obligations are governed by the applicable financial policies and service agreements provided to you.
If there is a conflict between these Terms and a separate signed service agreement concerning a specific paid service, the service agreement will control to the extent of that conflict, subject to applicable law.
We reserve the right to update service offerings and pricing prospectively. Changes will not retroactively alter payment obligations except as required by law or agreed in writing.
8. Website Communications and Electronic Services
You may be able to contact us, request information, submit inquiries, or access scheduling and other services through the Website or third-party platforms.
Submitting a form, email, or message does not guarantee a response within a particular period and does not establish a provider-patient relationship.
Please do not submit sensitive medical information through general Website forms or ordinary email unless the communication method has been specifically designated and approved for that purpose.
Where applicable, patient communications and health information will be handled in accordance with our privacy practices and applicable law.
Electronic communications may be subject to delays, transmission errors, technical interruptions, or security limitations. Do not rely on ordinary electronic communications for urgent or emergency medical needs.
9. Privacy and Personal Information
Your use of the Website may involve the collection of information such as contact details, Website usage information, or information you voluntarily submit.
Our collection and use of personal information are governed by our applicable privacy disclosures and policies, together with relevant federal and state laws.
Our healthcare services may also be subject to the Health Insurance Portability and Accountability Act (HIPAA), where applicable, and other laws governing protected health information.
These Terms do not replace our Notice of Privacy Practices or other legally required privacy notices.
Please review our applicable privacy documentation to understand how information is collected, used, disclosed, and protected.
10. Third-Party Websites and Services
The Website may contain links to third-party websites, scheduling tools, payment processors, communication platforms, pharmacies, laboratories, or other services.
These third parties may operate under their own terms, privacy policies, and practices. Unless expressly stated otherwise, ShapeUp Weight & Wellness does not control and is not responsible for the content, security, availability, or practices of third-party websites and services.
Providing a link does not necessarily constitute an endorsement or guarantee of the third party's products or services.
You access and use third-party services at your own discretion and subject to their applicable terms.
11. Intellectual Property
Unless otherwise indicated, the Website and its content—including text, graphics, logos, photographs, designs, educational materials, and other original materials—are owned by or licensed to ShapeUp Weight & Wellness, PLLC and are protected by applicable intellectual property laws.
You may view, download, or print Website content for your personal, noncommercial use, provided that you do not remove applicable copyright or proprietary notices.
You may not reproduce, modify, distribute, publicly display, republish, or commercially use Website content without our prior written permission, except as permitted by law.
The ShapeUp Weight & Wellness name, branding, and logo may not be used in a manner that suggests an affiliation, endorsement, or authorization without our written consent.
12. Disclaimers and Limitation of Liability
We make reasonable efforts to provide accurate and current information on the Website. However, we do not warrant that all content is complete, accurate, current, available, or free from errors.
The Website and its content are provided on an “as is” and “as available” basis, to the extent permitted by applicable law. We disclaim warranties that may lawfully be disclaimed, including implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
To the fullest extent permitted by applicable law, ShapeUp Weight & Wellness, PLLC and its owners, employees, contractors, and representatives will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to your access to or use of the Website, your inability to access the Website, or your reliance on general Website information.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited. These Website disclaimers do not waive or restrict any rights or remedies that apply to the professional healthcare services you receive, nor do they replace applicable standards of professional care.
13. Indemnification
To the extent permitted by applicable law, you agree to be responsible for losses, claims, liabilities, and reasonable expenses arising from your unlawful use of the Website or your material violation of these Terms, including infringement of another person's rights.
This provision does not require you to indemnify ShapeUp Weight & Wellness for our own negligence, willful misconduct, violations of law, or other conduct for which indemnification is prohibited by law.
14. Changes to These Terms
We may revise these Terms from time to time to reflect changes in our Website, services, business practices, or legal requirements.
Updated Terms will be posted on this page with a revised “Last Updated” date. Unless otherwise required by law, changes will take effect when posted.
Your continued use of the Website after revised Terms are posted constitutes acceptance of the revised Terms to the extent permitted by applicable law. If you do not agree to revised Terms, you should discontinue use of the Website.
15. Governing Law
These Terms of Use will be governed by the laws of the State of Utah, without regard to its conflict-of-law principles, except where applicable law requires otherwise.
Nothing in these Terms is intended to waive, limit, or override any mandatory laws, regulations, professional licensing requirements, or patient rights applicable in Idaho or any other jurisdiction where ShapeUp Weight & Wellness provides services.
Any dispute concerning these Terms will be handled by a court of competent jurisdiction as permitted by applicable law.
Nothing in this section overrides mandatory consumer protections or other legal requirements that apply in a different jurisdiction.
16. Severability and Entire Agreement
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.
These Terms govern your use of the Website and constitute the agreement between you and ShapeUp Weight & Wellness, PLLC regarding Website use. They do not replace any separate agreements, consents, notices, or policies governing medical care, payment obligations, privacy, or other services.
Our failure to enforce a provision of these Terms does not constitute a waiver of that provision or any other right.
17. Contact Information
If you have questions about these Terms, please contact us:
ShapeUp Weight & Wellness, PLLC
These Terms of Use apply to the Website and its general content. Additional terms, informed consents, financial policies, and privacy documentation may apply to specific services and patient relationships.