Terms of Use

I. Introduction

These Terms of Use (“Terms”) govern your access to and use of the JoinEm platform (“Platform” or “Services”), operated by Modern Metabolic Medicine, Inc. (“Company,” “we,” “us,” or “our”). By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES. YOU UNDERSTAND THAT BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS, YOU MAY NOT USE THE SERVICES.

THE TERMS ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

These Terms incorporate our Privacy Policy by reference.

These Terms contain the following sections:

• I. Introduction
• II. Modification of Terms
• III. Description of JoinEm
• IV. Eligibility
• V. Availability
• VI. Registration & User Data
• VII. User Responsibilities
• VIII. Restrictions on Use
• IX. Licensing
• X. Healthcare Services Disclaimer
• XI. Telehealth Consent
• XII. Payment
• XIII. Privacy
• XIV. Intellectual Property
• XV. Third-Party Links
• XVI. Warranty Disclaimers
• XVII. Limitation of Liability
• XVIII. Indemnification
• XIX. Platform Modifications
• XX. Suspension & Termination
• XXI. Governing Law & Arbitration
• XXII. Communications
• XXIII. Miscellaneous
• XXIV. Contact

II. Modification of Terms

Modern Metabolic Medicine, Inc. reserves the right to change or modify these Terms at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revised Terms on the Platform. You are responsible for regularly monitoring these Terms for updates. Your continued use of the Platform following the posting of any changes or modifications constitutes your acceptance of such changes or modifications.

III. Description of JoinEm

JoinEm is a technology platform that may provide you with access to the following services:

• Healthcare information and wellness resources
• Telehealth consultation coordination
• Healthcare record development and retention
• Administrative support for scheduling and payment processing
• Prescription medication coordination through third-party pharmacies

Modern Metabolic Medicine, Inc. does not manufacture, dispense, or control the formulation of any medications prescribed through the Platform. Modern Metabolic Medicine, Inc. does not provide medical services directly. Rather, the Company provides a technology platform for accessing independent healthcare providers.

Modern Metabolic Medicine, Inc. does not control or interfere with the practice of medicine by independent contracted providers.

IV. Eligibility

To access or use the Platform, the following must be true, and by accessing or using the Services, you represent and warrant that they are true:

• You are at least 18 years of age.
• You are located in a U.S. state where Services are available.
• You agree to be legally bound by and comply with these Terms.
• You have compatible devices and access to the Internet, along with any necessary software.

You understand and agree that satisfying the above requirements does not guarantee that Services will be provided to you. Modern Metabolic Medicine, Inc. and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

V. Availability

Certain of our Services are currently only available to persons located in certain states within the United States. Modern Metabolic Medicine, Inc. is based in the United States. We provide the Services for use only by persons located in the United States. We make no claims or representations that the Services or any material included in the Services are accessible or appropriate outside of the United States.

VI. Registration & User Data

To access certain features of the Platform, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials. You must not share your credentials with any other person. You are responsible for all activities that occur under your account, whether or not you have authorized such activities.

VII. User Responsibilities

You are responsible for ensuring the accuracy of all information you provide through the Platform. You must not misuse the Platform or use it in any manner that could damage, disable, overburden, or impair the Platform. You must comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Platform.

VIII. Restrictions on Use

You agree that you will not, and will not permit any third party to:

• Use the Platform for any unlawful purpose or in violation of these Terms.
• Transmit any material that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Attempt to gain unauthorized access to the Platform, other accounts, computer systems, or networks connected to the Platform.
• Interfere with or disrupt the Platform or servers or networks connected to the Platform.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform.
• Use any automated system, including without limitation “robots,” “spiders,” or “scrapers,” to access the Platform.
• Remove, alter, or obscure any proprietary notices on the Platform.

IX. Licensing

Subject to your compliance with these Terms, Modern Metabolic Medicine, Inc. grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use. All rights not expressly granted to you are reserved by Modern Metabolic Medicine, Inc. and its licensors.

X. Healthcare Services Disclaimer

Modern Metabolic Medicine, Inc. does not provide any medical services, including via the Platform. Healthcare providers accessible through the Platform are independent contractors and are not employees or agents of Modern Metabolic Medicine, Inc.

The Platform is not a substitute for emergency care or in-person medical consultations. The health and wellness resources made available through our Services are for informational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment.

You understand that by coordinating and consulting with healthcare providers through the Platform, you are not entering into a provider-patient relationship with Modern Metabolic Medicine, Inc.

XI. Telehealth Consent

Please see our Medical Consent page for telehealth-specific terms and additional information about the risks and benefits of telehealth. The Medical Consent is hereby incorporated into these Terms by reference.

The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information, and will include measures to safeguard your data to ensure its integrity against intentional or unintentional corruption or unlawful access.

By accepting these Terms, you consent to Modern Metabolic Medicine, Inc. and its affiliated healthcare providers sending you disclosures, notices, messages, reports, and other communications either in writing or electronically, including without limitation through your account or by email.

XII. Payment

Consultation Fees

All consultation fees are non-refundable. You are exclusively and solely responsible for paying all fees associated with Services provided through the Platform.

Prescription Products

ALL SALES ARE FINAL FOR PRESCRIPTION PRODUCTS.

Insurance

Healthcare providers accessible through the Platform are not contracted with insurance plans. You are responsible for all fees regardless of insurance coverage.

Payment Method

You must keep your payment method current and accurate at all times. By providing Modern Metabolic Medicine, Inc. with your payment method, you authorize us to charge your account for all fees due and payable, including any applicable taxes.

Subscription Services & Auto-Renewal

Certain Services may be offered on a subscription basis. Your payment method will be automatically charged at regular intervals as described during the checkout process.

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

Customer Service

For billing inquiries or support, please contact Customer Service at (844) 357-3601.

XIII. Privacy

Please refer to our Privacy Policy for information about how we collect, use, and disclose your personal information. The Privacy Policy is incorporated into these Terms by reference.

XIV. Intellectual Property

Modern Metabolic Medicine, Inc. retains exclusive ownership of all content, features, and functionality of the Platform, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof. The Platform is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Any content or submissions you provide through the Platform may be used by Modern Metabolic Medicine, Inc. for the purpose of improving the Services.

XV. Third-Party Links

The Platform may contain links to third-party websites or services that are not owned or controlled by Modern Metabolic Medicine, Inc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Modern Metabolic Medicine, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

XVI. Warranty Disclaimers

THE PLATFORM AND ALL CONTENT, MATERIALS, INFORMATION, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MODERN METABOLIC MEDICINE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

XVII. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MODERN METABOLIC MEDICINE, INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE PLATFORM.

IN NO EVENT SHALL MODERN METABOLIC MEDICINE, INC.'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED ONE HUNDRED DOLLARS ($100).

XVIII. Indemnification

You agree to indemnify, defend, and hold harmless Modern Metabolic Medicine, Inc., its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your violation of any applicable law, rule, or regulation.

XIX. Platform Modifications

Modern Metabolic Medicine, Inc. reserves the right to modify, suspend, or discontinue the Platform (or any part thereof) at any time, with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform.

XX. Suspension & Termination

Modern Metabolic Medicine, Inc. may suspend or terminate your access to the Platform at any time, for any reason or no reason, with or without notice. You may terminate these Terms by discontinuing all use of the Platform.

Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

XXI. Governing Law & Arbitration

Governing Law

These Terms and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule.

Mandatory Binding Arbitration

Except as otherwise provided herein, all disputes arising out of or relating to these Terms or the Platform shall be resolved exclusively through binding arbitration conducted in New Castle County, Delaware, under the American Arbitration Association (“AAA”) Consumer Arbitration Rules.

CLASS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST MODERN METABOLIC MEDICINE, INC. ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Small Claims Court Exception

Either party may elect to pursue a dispute in small claims court rather than through arbitration, provided the dispute qualifies for small claims court jurisdiction.

30-Day Right to Opt Out

You may opt out of the arbitration and class waiver provisions by sending a signed written notice of your decision to support@withembody.com within 30 days of your first use of the Platform. If you opt out, Modern Metabolic Medicine, Inc. also shall not be bound by the arbitration provisions.

XXII. Communications

By providing your phone number or email address, you consent to receiving text messages and emails from Modern Metabolic Medicine, Inc. related to the Services. Reply “STOP” to end text messages at any time (you may receive a final confirmation message).

SMS consent is optional. By agreeing to opt in, you understand that your mobile information is never shared for marketing purposes. You agree to receive marketing and/or transactional, informational, and conversational messages from Embody. You also agree to the Privacy Policy and understand that you can opt out at any time by replying STOP. You can ask for more information by replying HELP or calling (844) 357-3601. Message frequency varies. Message and data rates may apply.

XXIII. Miscellaneous

No Waiver. Failure to enforce any provision of these Terms is not a waiver of that or any other provision. No Agency. These Terms and the Services do not create a partnership, joint venture, employment, or agency relationship between you and Modern Metabolic Medicine, Inc. Assignment. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Modern Metabolic Medicine, Inc. We may transfer our rights and obligations without restriction (e.g., in connection with a merger, acquisition, or asset sale). Entire Agreement. These Terms, together with the Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Modern Metabolic Medicine, Inc. with respect to the Platform.

XXIV. Contact

If you have any questions about these Terms, please contact us:

Modern Metabolic Medicine, Inc.
1811 Silverside Road, Suite 260
Wilmington, Delaware 19180

Email: support@withembody.com
Phone: (844) 357-3601