IMPORTANT: THE MYHEALTHYPOTENTIAL.COM PROGRAM, A SERVICE PROVIDED BY HEALTHY POTENTIALS, LLC, PROVIDES INFORMATION AND PUBLISHING SERVICES THROUGH ONLINE CONTENT DELIVERY IN THE FIELDS OF WELLNESS, PREVENTIVE MEDICINE, AND HEALTH PROMOTION THROUGH USE OF HEALTH RISK ASSESSMENTS, LABORATORY SERVICES, BIOMEDICAL EQUIPMENT PROCUREMENT AND DISTRIBUTION, BOOKS, AND COACHING SERVICES. IF YOU BELIEVE IN ANY WAY THAT YOU NEED COUNSELING OR MEDICAL INTERVENTION TO RESOLVE YOUR EXISTING HEALTH ISSUES AND/OR CONCERNS, THE MYHEALTHYPOTENTIAL.COM PROGRAM IS NOT FOR YOU.
AS A MEMBER OF THE MYHEALTHYPOTENTIAL.COM PROGRAM, WE HAVE CERTAIN BYLAWS AND RULES THAT GOVERN YOUR MEMBERSHIP. READ THESE MEMBERSHIP BYLAWS CAREFULLY BEFORE AGREEING TO BECOME A MEMBER OF THE MYHEALTHYPOTENTIAL.COM PROGRAM AND USING THE LICENSED MATERIAL DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE MEMBERSHIP BYLAWS, YOU MAY NOT BECOME A MEMBER OR OTHERWISE ACCESS THE LICENSED MATERIAL. BY CLICKING ON THE BUTTON MARKED “I ACCEPT” AND THROUGH YOUR CONTINUED USE OF LICENSED MATERIAL, YOU ARE EXPRESSLY INDICATING YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ AND ACCEPTED THESE MEMBERSHIP BYLAWS.
Article One – Classification of members
A member is defined as an individual who is 18 years of age or older who pays myhealthypotential.com’s initiation/set up fee and full monthly dues, and/or an individual of 18 years of age or older who has the above said fees and dues paid for them by another individual. If you are under 18 years of age you may not be a member in this program. Memberships are not transferable.
Article Two – Member records and procedures
- Name and address changes. Member shall be responsible for providing written notice (email or letter by mail) to us in regards to any changes of name, email address, or physical mailing address.
- Termination. A membership may only be terminated by paying the up-to-date member account balance and providing a 30-day written notice to us (via email or letter by mail).
- Expulsion. A member may be expelled by the management. If such expulsion is for violation of any bylaw or rule, or for any other conduct deemed detrimental to the general welfare of Healthy Potentials, its employees, contractors, customers, or designees,. the member’s paid monthly fees shall be forfeited.
- Dues adjustment. It is our intent to keep the monthly dues at the lowest possible level. However, in light of increases in costs of goods and services, monthly dues may be adjusted by the management at any time. Members will receive notice of upcoming changes in monthly dues at least 60 days before the changes become effective.
- Payment. All payments will be made by electronic fund transfers through Visa and/or MasterCard accounts. Membership dues will be charged to the member’s account on a monthly basis. This will be an automatic and reoccurring charge until written notice is provided by the member for cancellation per the Termination requirement. Additional “upgrades” such as biomedical devices or services such as laboratory results or coaching will be billed at the time of ordering.
- Refunds. Refunds will be made to members at their request for services paid for but subsequently unused if made within 30 days following the purchase. A request for a refund must be made by the member to Healthy Potentials in a written statement (email or letter by mail).
- Un-honored charges. Should a member’s draft not be honored by a bank or credit card company for any reason, the member is responsible for said payment plus a $35 service charge in addition to any bank service fee(s).
- Tax. All fees and membership dues are subject to applicable state and local sales tax and shall be paid by the member.
- Costs. Member is responsible for all charges associated with connecting to myhealthypotentials.com website, including without limitation all telephone access lines and telephone and computer equipment necessary to access the Licensed Material.
Article Three – House Rules
- Member conduct. All members are required to conduct themselves in a manner that is not offensive or harassing to the membership of myhealthypotential.com or the staff/designees of Healthy Potentials. Inappropriate language and/or behavior by a member will result in suspension or expulsion. Management has the right to determine what is and is not grounds for termination.
- Hours of operation. The myhealthypotential.com program is a website that is available 24 hours a day, 7 days a week. Notwithstanding the foregoing, there may be brief periods where the website is down for routine maintenance or to correct technical difficulties. One-on-one appointments between a member and a coach will be scheduled at the convenience of the member and the coach and may take place at anytime or day of the week. Operational hours may be subject to change at any time by the Healthy Potentials management.
- Security. All information shared on-line between a member and their coach is confidential with the following limitations: (a) coaches may share information regarding a member with Healthy Potentials management for supervision purposes; and (b) Healthy Potentials may share information regarding a member as required by law. We are not responsible in the event that a member chooses to share his confidential information with outside parties.
- Passwords. Member agrees to assume sole responsibility for the security of the password(s) issued to them by Healthy Potentials. If member believes that any password is being used by someone other than an authorized member, member must notify us in writing immediately.
- Interpretation. All questions regarding the interpretation, application and construction of the Healthy Potentials bylaws and rules will be determined by our management and the management’s decision will be final.
- Amendments. Amendments to these rules and bylaws may be made from time to time by management. Amendments to these bylaws will be posted at the www.myhealthypotential.com website and will be effective when posted. Notice of these amendments will be provided to members by email and/or notification to users on the website. Your continued use of this website following the posting of any amendment, modification or change shall constitute your acceptance thereof.
Article Four – Ownership; License Grant; Limitations on Use
- Ownership. Members acknowledge that Healthy Potentials, its affiliates, and/or its licensors, have exclusive ownership in Healthy Potential’s Intellectual Property and Licensed Material.
- License Grant. Subject to the terms and conditions in this Agreement, Healthy Potentials hereby grants to you a revocable, nonexclusive, nontransferable, limited license, with no right to sublicense in order to (i) access and use Licensed Material from our servers for personal use only and not for commercial exploitation; and (ii) electronically display, obtain a printout, download, and copy Licensed Material for personal use only and not for commercial exploitation.
- You may not remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Licensed Material.
- You may not copy, modify, distribute, translate, publish, display, disclose, rent, or create derivative works based on Licensed Material or any part thereof.
- No service bureau work or time-sharing arrangement is permitted.
- “Intellectual Property” shall mean any and all patents, trade secrets, copyrights, trademarks, moral rights, know-how, inventions, processes, algorithms related to Licensed Material.
- “Licensed Material” shall mean the Healthy Potentials system of websites, software, all files and data that support the same, and content and information made available through the Healthy Potentials websites and/or software.
- “Trademarks” shall mean the marks of Healthy Potentials, LLC, Healthie, Inc, PWNHealth, LLC, and HRA Monitors USA.
Article Five – Disclaimer; Waiver and Release of Liability
The myhealthypotential.com program deals with non-clinical issues only, not clinical issues.
The myhealthypotential.com program, through its content delivery, Health Risk Assessments, laboratory services, biomedical equipment procurement and distribution, and health coaching services, provides information of a general nature and is designed for educational purposes only and is not meant to be a substitute for professional counseling. Nor is it meant to be a substitute for professional medical, health, legal, or financial advice. Consult with a professional for any specific counseling or medical concerns.
THE LICENSED MATERIAL, INCLUDING WITHOUT LIMITATION ANY INFORMATION CONTAINED THEREIN, AND THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED AS IS. HEALTHY POTENTIALS MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE LICENSED MATERIAL OR ANY INFORMATION CONTAINED THEREIN. HEALTHY POTENTIALS DOES NOT WARRANT THAT THE LICENSED MATERIAL WILL MEET YOUR REQUIREMENTS. NOR DOES HEALTHY POTENTIALS WARRANT THAT LICENSED MATERIAL OR INFORMATION THEREIN WILL BE SUITABLE FOR ANY PURPOSE. HEALTHY POTENTIALS DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND MERCHANTABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL HEALTHY POTENTIALS, AND/OR ITS OFFICERS, ADVISORY BOARD, LICENSORS, AGENTS, EMPLOYEES, REPRESENTATIVES, EXECUTORS, ITS LICENSORS, OR OTHER SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. HOWEVER, EXCEPT AS OTHERWISE PROVIDED HEREIN, IN NO EVENT SHALL HEALTHY POTENTIALS’ TOTAL LIABILITY TO MEMBER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY MEMBER, IF ANY, UNDER THIS AGREEMENT.
IN CONSIDERATION OF GAINING MEMBERSHIP TO THE MYHEALTHYPOTENTIAL.COM PROGRAM, A SERVICE PROVIDED BY HEALTHY POTENTIALS, AND PARTICIPATING IN ACTIVITIES TO IMPROVE MY CURRENT HEALTH SITUATION THAT ARE SUGGESTED BY COACHES OF THE MYHEALTHYPOTENTIAL.COM PROGRAM, I WAIVE, RELEASE, AND FOREVER DISCHARGE HEALTHY POTENTIALS, ITS OFFICERS, ADVISORY BOARD, LICENSORS, AGENTS, EMPLOYEES, REPRESENTATIVES, EXECUTORS AND ALL OTHER SUPPLIERS FROM ANY AND ALL RESPONSIBILITIES AND LIABILITY FOR INJURIES OR DAMAGES RESULTING FROM MY USE OF LICENSED MATERIALS INCLUDING, WITHOUT LIMITATION, ANY ADVICE, SUGGESTIONS, OR INFORMATION PROVIDED BY HEALTHY POTENTIALS, ITS OFFICERS, ADVISORY BOARD, LICENSORS, AGENTS, EMPLOYEES, REPRESENTATIVES, EXECUTORS AND ALL OTHER SUPPLIERS.
I understand and am aware that Health changes can alter my life and that I am voluntarily participating in these activities with knowledge of the risks involved. I hereby agree to expressly assume and accept any and all responsibility for my activities associated with or arising out of my membership in the myhealthypotential.com program and/or my use of Licensed Material.
I hereby further declare myself to be physically and mentally sound and suffering from no condition, impairment, disease, or infirmity or other illness that would prevent my participation in any programs or activities suggested by the health coach. I assume all responsibility for my participation in any programs or activities recommended by the health coach.
I understand the risks of my participation in any activities that may be suggested, and I voluntarily choose to participate, assuming all risks due to my participation, whether such risks are known or unknown.
I recognize that Healthy Potentials and myhealthypotential.com has limits to confidentiality as described in Article 3.
I have read the above Bylaws including the Waiver and Release of Liability; I fully understand its terms. I agree to all terms and conditions.
I hereby authorize PWNHealth, LLC (with its affiliates, “Company”), and www.myhealthypotential.com (Healthy Potentials), all applicable physicians, their staff and agents, and the laboratories that perform services requested by me (“Company Parties”) to use and disclose health information about me in the manner and for the purposes stated below.
This authorization applies to the use and disclosure of the following information about me: all information in requests(s) submitted by me and the laboratory test values/results/information which are the result of the request(s) so submitted.
For avoidance of doubt, I specifically authorize the transfer and release of this information to, between and among myself and the following individuals, organizations and their representatives: (a) Healthy Potentials and its affiliates, their staff and agents, (b) Company and its affiliates, and their staff and agents, (c) the designated Company physician of record and its staff and agents, (d) the applicable laboratory of record and its staff and agents, and (e) certain providers for the purposes herein, and as required or permitted by law.
The information which is the subject of this authorization will be used or disclosed for the following purposes: (a) facilitate and execute the services requested by me for my benefit (including receiving, reviewing and approving a laboratory request; reviewing, processing and delivering the laboratory test value(s)/result(s)); (b) for treatment, health care operations and payment services; (c) provide me with information and materials on treatment alternatives, health related offerings and services and products which may assist me with health, wellness, and overall care or be of interest to me; and (d) conduct statistical research studies, and as required or permitted under state and federal laws. Remuneration may be received in exchange therefor. I may opt-out to have my personal information disclosed for some purposes above with prior written notice to the Company noted below – I understand that such opt-out may affect the services I have voluntarily elected.
This authorization evidences my informed decision to allow release of the information to the parties referenced in this authorization. This authorization is effective immediately and will expire ten years after the date of this authorization.
Upon my written request, I may inspect or copy the information stated herein to be used or disclosed, if permitted by law. Company Parties may receive payment or other remuneration related to the use and disclosures herein.
I understand that I have a right to receive a copy of this authorization. I have the right to refuse to agree to this authorization in which case my refusal may affect the services provided to me. When my information is used or disclosed pursuant to this authorization, it may be subject to re-disclosure by the recipient and may no longer be protected by the federal HIPAA Privacy Rule. I have the right to revoke this authorization in writing at any time, except that the revocation will not apply to any information already disclosed by the parties referenced in this authorization have acted in reliance upon this authorization. My written revocation must be submitted to the privacy officer at:
123 West 18th Street
New York, New York 10011
If signed by someone legally authorized to represent the individual, please describe that authority and attach document(s) evidencing that authority.
By acknowledging this authorization electronically, I agree to its terms and representations.