Terms & Conditions - The HCG Institute

These Terms of Use ("Terms of Use") are applicable to your access to and use of The HCG Institute website located at www.thehcginstitute.com, (throughout these Terms of Use, and the website may collectively be referred to as the "Site" or may be referred to individually) and any materials, information, products, or services ("Services") provided through the Site operated by or on behalf of The HCG Institute and/or our owners and/or affiliates (collectively "Company," "we," "our," or "us") or contracted by The HCG Institute and provided by a third party (collectively "Third Party").

Your access to and use of the Site, and the information and Services available through the Site, are subject to the terms, conditions and notices contained in or referenced in these Terms of Use, as well as any other written agreement between us and you. In addition, when using particular Services on the Site, you will be subject to any posted rules applicable to those Services that may contain terms and conditions in addition to those in these Terms of Use. By using the Services, you agree to comply with these Terms, our Privacy Policy, and our HIPAA Notice of Privacy Practices, all of which are incorporated herein by reference.

By accessing or using the Site, you agree to these Terms of Use, as updated from time to time. Please read them carefully. If you do not understand or agree to be bound by these Terms of Use, do not access or use the Site or Services. We may revise these Terms of Use at any time and any revisions will take effect immediately upon posting on this Site, unless we state otherwise. Please check this Site periodically for updates.

We may update these Terms at any time. Updates are effective immediately upon posting, unless otherwise stated. Your continued use of the Services after any changes constitutes acceptance of the revised Terms.

1. Privacy Policy and HIPAA Notice

The HCG Institute Privacy Policy and HIPAA Notice of Privacy Practices are part of these Terms of Use and are incorporated by this reference. By accepting these Terms of Use, you agree to our collection, use, and disclosure of information as described in the Privacy Policy and HIPAA Notice of Privacy Practices, as each may be modified from time to time. We encourage you to review both documents before using the Site or Services.

2. Not Medical Advice

The contents of the Site and Services, including any articles, quizzes, questionnaires, or educational materials, are for informational purposes only and are intended to help you understand your health. Nothing on the Site is intended to be, and nothing should be construed as, professional medical advice, diagnosis, or treatment.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, AND BEFORE STARTING, CHANGING, OR STOPPING ANY TREATMENT.

The HCG Institute assumes no liability or responsibility for any damage or injury to persons or property arising from any use of any materials, content, products, or information contained on or accessed through the Site. You agree that you shall not disregard professional medical advice or delay seeking it because of something you read or learned through the Site or Services.

If you believe you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately. The Site and Services are not intended for, and must not be used for, emergency or crisis care.

3. Our Services

The HCG Institute operates a telemedicine patient management platform. The HCG Institute is not a medical practice and does not itself provide medical care, diagnose conditions, or prescribe medication. Clinical services made available through the Site are rendered by independent, licensed healthcare providers (including physicians, physician assistants, and nurse practitioners) who participate in The HCG Institute's provider network and who exercise their own independent professional and clinical judgment in evaluating and treating each patient. The HCG Institute's role is limited to providing the technology, administrative, and support infrastructure through which those independent providers deliver care.

Prescriptions issued by providers in the network may be filled through one of The HCG Institute's partner 503A compounding pharmacies or, upon request, through a pharmacy of your choosing. If you would like to direct your prescription to your own pharmacy, contact us at [email protected] before completing your order.

Neither The HCG Institute nor its network providers endorse any specific provider, laboratory test, medication, pharmacy, procedure, or pharmacologic product; any of the foregoing being made available through the Site does not constitute a recommendation or endorsement of it. Medications dispensed by a compounding pharmacy and shipped to you may not be provided in child-resistant packaging or containers. You are solely responsible for the safe storage of any medication you receive, including keeping it out of the reach of children and anyone for whom it was not prescribed.

Products are shipped via a third-party carrier, and risk of loss and title to any product pass to you upon delivery of the product to the carrier. The HCG Institute is not responsible for loss, theft, or damage occurring after delivery to the carrier, including delays caused by the carrier.

You understand and agree that:

Services offered through the Site are not health insurance benefits or a substitute for health insurance. The consultation and medication Services described in this section are self-pay and are not billed to insurance; this does not apply to third-party laboratory testing, which is addressed separately below.
The HCG Institute does not currently provide, and this Site is not intended to provide, primary care services.
There is no guarantee that any consultation will result in treatment, a prescription, or a particular course of care. Each provider independently determines, in their professional judgment, whether treatment is medically or ethically appropriate for a given patient, and may decline to treat or prescribe for any patient at their discretion.
Compounded medications dispensed through The HCG Institute's pharmacy partners are not FDA-approved and have not been evaluated by the FDA for safety, efficacy, or quality. They may differ from FDA-approved commercially available drugs in strength, quality, purity, or performance characteristics.
The states in which Services are available, and the specific medications available within any given state, vary from time to time and depend on factors including the licensure of network providers, applicable state law, and compounding restrictions that may apply to a particular medication in a particular state. Not every medication or Service is available in every state, and availability may change without notice. You will be notified during intake if a Service or medication you are seeking is not currently available in your state.

4. Eligibility

You must be at least 18 years of age to access or use the Site or Services. The HCG Institute does not offer Services to, and does not knowingly provide Services to, any individual under the age of 18, under any circumstances, including through a parent or legal guardian. By using the Site, you represent and warrant that you are 18 years of age or older, that you are a resident of a state in which Services are offered, and that you have the legal capacity to enter into these Terms of Use.

The HCG Institute reserves the right to deny or discontinue access to the Site or Services to any person, for any lawful reason, at any time, including where a provider determines that telehealth or a particular treatment is not appropriate for that person's care.

5. Payment

Neither The HCG Institute nor its network providers are insurers. The Services are not insurance products, and amounts you pay are not insurance premiums. If you desire health insurance, you will need to obtain it separately.

Services offered through the Site are provided on a self-pay basis. Consultation and medication Services are generally not covered by Medicare, Medicaid, or commercial insurance, and you agree not to seek, and not to attempt to obtain, reimbursement from any insurance provider or other third-party payor for those Services. Amounts paid for consultation or medication Services may not be applied toward any insurance deductible or out-of-pocket maximum. This self-pay structure applies to the consultation and medication Services only; laboratory testing is billed separately, as described below.

By submitting payment, you authorize The HCG Institute or its payment processor to charge your selected payment method for all amounts due, including any recurring charges associated with an ongoing treatment plan you have selected. Charges made to your account for products or services are non-refundable and cannot be cancelled, even if you are denied treatment based on the results of your bloodwork or intake, except as expressly stated in the Credit Card Authorization you execute in connection with your order. If a credit card charge is disputed, a $150 fee will be assessed for validating the charge, in addition to any collection or attorney's fees incurred to resolve the dispute.

Laboratory testing (including blood draws) ordered as part of your care may be arranged through an independent third-party laboratory vendor and is billed separately from the consultation and medication fees described above. Whether laboratory testing is ordered for you, and on what terms, is determined by your treating provider in their independent clinical and professional judgment. If you are enrolled in Medicare, Medicaid, or another government healthcare program, you should expect that laboratory testing, if ordered, will typically be self-pay. Any billing of insurance by a third-party laboratory vendor is subject entirely to that vendor's own practices and your individual coverage, and The HCG Institute makes no representation that any insurance, including commercial insurance, will apply to or cover laboratory testing. The HCG Institute is not responsible for a provider's determination of whether to order laboratory testing, or for the laboratory vendor's billing determinations, insurance claims, or coverage decisions. Questions regarding a laboratory charge should be directed to the laboratory vendor identified on your requisition or invoice.

6. Electronic Communications and SMS Notifications

By using the Site or Services and providing your contact information, you consent to receive electronic communications from The HCG Institute, including email, portal messages, and SMS/text messages related to your account, appointments, prescriptions, refill reminders, and other Service-related notifications. You acknowledge that email and SMS are not secure or encrypted methods of communication, that such communications could be intercepted, misdirected, or read by an unauthorized third party, and by choosing to communicate with us electronically, you knowingly accept that risk. Where a legal notice or disclosure is required to be given to you "in writing," you agree that our providing it to you electronically (by email, text, or portal message) satisfies that requirement, and you will not later dispute the validity of a notice solely because it was delivered electronically rather than on paper.

Providing your mobile phone number and completing the applicable opt-in process is your express consent to receive text messages from The HCG Institute. Consent to receive text messages is not a condition of purchasing any Service. Phone numbers and other data collected as part of this consent process are used solely to send the text messages described in this Agreement. We do not share or sell this data to third parties, including for marketing purposes.

Message frequency varies. Message and data rates may apply. You may opt out of promotional SMS messages at any time by replying "STOP" (or "CANCEL" or "UNSUBSCRIBE"), and may request assistance by replying "HELP," or by contacting us at [email protected]. Wireless carriers are not liable for delayed or undelivered messages, and delivery may be delayed or fail depending on your carrier's capabilities. Opting out of promotional messages does not opt you out of Service-related communications necessary to your care (e.g., appointment or prescription notifications), which are governed by the Privacy Policy and HIPAA Notice of Privacy Practices. We reserve the right to modify or terminate our text messaging program, or these terms governing it, at any time; continued use of the program following any such change constitutes your acceptance of it.

Phone calls to The HCG Institute may be recorded for training, quality assurance, and operational purposes. This is typically disclosed to you at the start of a call, but by using the Site or Services and initiating or accepting a call with The HCG Institute, you consent to such recording regardless of whether that disclosure is given on a particular call.

7. Intellectual Property

All content made available through the Site, including text, graphics, logos, designs, data compilations, button icons, images, video, audio, software, and the compilation and arrangement thereof, is the property of The HCG Institute or its licensors, is protected by U.S. and international copyright and trademark law, and may be subject to additional intellectual property protections. Except as necessary to use the Site for its intended purpose, you may not copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any content obtained through the Site without our prior written permission.

"The HCG Institute" and all related names, logos, and marks are trademarks or service marks of The HCG Institute. Nothing in these Terms of Use grants you any right to use any trademark, service mark, or logo of The HCG Institute without our prior written consent.

If you submit any suggestions, ideas, or feedback about the Site or Services ("Feedback"), you agree that such Feedback is given voluntarily, and you grant The HCG Institute an irrevocable, perpetual, royalty-free, worldwide license to use that Feedback for any purpose, including improving the Site or Services, without any obligation or compensation to you.

8. Your Conduct

In connection with your use of the Site, you agree that you will not:

Use the Site for any unlawful, fraudulent, or unauthorized purpose;
Provide false, inaccurate, or misleading information, or impersonate any other person;
Attempt to gain unauthorized access to any account, system, or network connected to the Site, including by hacking or password mining;
Probe, scan, or test the vulnerability of the Site or attempt to bypass its security or authentication measures;
Upload or transmit any virus, malware, or other harmful code;
Use any automated means (bots, scrapers, crawlers) to access or collect data from the Site without our prior written permission; or
Interfere with, disrupt, or place an unreasonable burden on the Site or the networks or services connected to the Site.

We may suspend or terminate your access to the Site at any time, without notice, for conduct that we believe violates these Terms of Use or applicable law.

9. Accuracy of Information

We attempt to keep information on the Site accurate and current, but the Site and Services may occasionally contain information that is inaccurate, incomplete, or out of date, including pricing information. We make no representation as to the completeness, accuracy, or currency of any information on the Site, have no obligation to update it, and your reliance on any such information is at your own risk.

The HCG Institute may use artificial intelligence (AI) tools to assist in drafting, reviewing, or revising written content that appears on the Site, such as educational articles and product descriptions. All such content is reviewed before publication. The HCG Institute does not use AI to communicate directly with patients in place of a human, to make or assist in making any clinical or treatment decision, or to interact with you in a chatbot or similar conversational capacity. Any clinical decision regarding your care, including diagnosis, treatment, and prescribing, is made solely by your treating provider.

10. Links to Third-Party Sites

The Site may contain links to third-party websites that are not under our control, including pharmacy partner portals and payment processors. We are not responsible for the content, accuracy, or privacy practices of any third-party site, and inclusion of a link does not imply our endorsement of or affiliation with that site. Use of any third-party site is at your own risk and subject to that site's own terms and privacy policy.

11. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE HCG INSTITUTE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THE HCG INSTITUTE MAKES NO WARRANTY REGARDING THE QUALITY, SAFETY, OR RESULTS OF ANY SERVICES RENDERED BY INDEPENDENT NETWORK PROVIDERS OR PHARMACY PARTNERS. THE HCG INSTITUTE DOES NOT GUARANTEE THAT USE OF THE SITE OR SERVICES WILL RESULT IN ANY CONSULTATION, TREATMENT, OR PRESCRIPTION BEING PROVIDED TO YOU. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE HCG INSTITUTE, ITS OWNERS, AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, INCLUDING LOSS OF PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO CLAIMS ARISING FROM USE OF THE SITE AND ITS CONTENT AND DOES NOT LIMIT OR MODIFY THE SEPARATE ARBITRATION AGREEMENT GOVERNING CLAIMS RELATED TO MEDICAL CARE AND TREATMENT SET FORTH ELSEWHERE IN THESE TERMS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

13. Indemnification & Binding Arbitration

You agree to indemnify, defend, and hold harmless The HCG Institute and its officers, directors, employees, contractors, and agents from and against any claims, losses, liabilities, damages, judgments, settlements, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your violation of applicable law, (b) your misuse of the Site or Services, or (c) your breach of these Terms of Use.

BY ACCESSING ANY PART OF THE SITE OR UTILIZING SERVICES YOU AGREE TO THIS AGREEMENT. YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOU ARE AGREEING TO ARBITRATE ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR MEDICAL CARE AND TREATMENT

ARBITRATION AGREEMENT FOR CLAIMS ARISING OUT OF OR RELATED TO MEDICAL CARE AND TREATMENT

AGREEMENT TO ARBITRATE CLAIMS REGARDING FUTURE CARE & TREATMENT. It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently or incompetently rendered, will be determined by submission to arbitration as provided by Florida law, and not by a lawsuit or resort to court process except as Florida law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. The patient agrees that any controversy, including without limitation, claims for medical malpractice, personal injury, loss of consortium, or wrongful death, arising out of or in any way relating to the diagnosis, treatment, or care of the patient by the undersigned provider of medical services, including any partners, agents, or employees of the provider of medical services, shall be submitted to binding arbitration.
AGREEMENT TO ARBITRATE CLAIMS REGARDING PAST CARE & TREATMENT. The patient further agrees that any controversy, including without limitation, claims for medical malpractice, personal injury, loss of consortium, or wrongful death, arising out of or in any way relating to the past diagnosis, treatment, or care of the patient by the undersigned provider of medical services or the provider's partners, agents or employees, shall be submitted to binding arbitration.
WAIVER OF RIGHT TO JURY TRIAL. BOTH PARTIES TO THIS AGREEMENT, BY ENTERING INTO IT, ARE GIVING UP THEIR CONSTITUTIONAL RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY, AND INSTEAD ARE ACCEPTING THE USE OF BINDING ARBITRATION.
ALL CLAIMS MUST BE ARBITRATED BY ALL CLAIMANTS. All claims based upon the same occurrence, incident, or care shall be arbitrated in one proceeding. It is the intention of the parties that this Agreement bind all parties whose claims may arise out of or relate to treatment or services provided by the provider of medical services, including the patient, the patient's estate, any spouse or heirs of the patient, and any children of the patient, whether born or unborn, at the time of the occurrence giving rise to the claim. In the case of any pregnant mother, the term "patient" herein shall mean both the mother and the mother's expected child or children. By signing this Agreement, the parties consent to the participation in this arbitration of any person or entity that would otherwise be a proper additional party in a court action.
ARBITRATION PROCEDURES. The parties agree and recognize that the substantive provisions of the State of Florida laws, rules and regulations governing medical malpractice claims shall apply to the parties and/or claimant(s) in all respects, except that at the conclusion of the pre-suit screening period and provided there is no mutual agreement to arbitrate under Florida laws, rules and regulations (which remain available if elected by the parties), the parties and/or claimant(s) shall resolve any claim through arbitration pursuant to this Agreement. Within thirty (30) days after a party to this Agreement has given written notice to the other of a demand for arbitration of said dispute or controversy under this Agreement, the parties to the dispute or controversy shall each appoint an independent arbitrator who is a member of the American Health Lawyers Association and give notice of such appointment to the other. Within a reasonable time after such notices have been given the two arbitrators so selected shall select a neutral arbitrator, who shall also be a member of the American Health Lawyers Association and give notice of the selection thereof to the parties. The arbitrators shall hold a hearing within a reasonable time from the date of notice of selection of the neutral arbitrator. The parties agree that the arbitration proceedings are private, not public, and the privacy of the parties and of the arbitration proceedings shall be preserved.
ARBITRATION EXPENSES. Each party shall bear the cost of her/its own attorneys' fees, the costs of presenting her/its case, and her/its arbitrator. Other costs of the arbitration (e.g. of securing a location for the arbitration, neutral arbitrator, court reporter, etc.) shall be shared by the parties.
APPLICABLE LAW. This Agreement shall be governed by and construed and enforced under the laws of the State of Florida. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in the State of Florida, before a single arbitrator, in accordance with the Rules of Procedure for Arbitration of the American Health Lawyers Association (AHLA) Alternative Dispute Resolution Service, and judgment upon the award rendered by the arbitrator(s) shall be entered in any court having jurisdiction thereof. For the purpose of entering such Arbitration Award as a State Court Judgment, the parties hereto consent to the jurisdiction and venue of an appropriate court located in the State of Florida. A party may initiate such arbitration by making written demand for arbitration on the other party. The demand shall contain a statement setting forth the nature of the dispute, the amount of damages involved, if any, and the remedies sought. The parties agree that only claims asserted pursuant to this agreement will be arbitrated in a proceeding initiated under this section and such claims shall not be consolidated or coordinated in any arbitration action with the claim of any other individual or entity. No claim may be arbitrated on a coordinated, class, mass, collective or consolidated basis. No claim may be brought as a class action or as a private attorney general. In no event will this arbitration clause be interpreted to allow a class action in arbitration. The actual cost of the arbitration, including the fees of the arbitrator(s), shall be borne equally by the parties. In the event that Arbitration (or litigation relating to domestication of Arbitration Award) results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one (1) year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable.
EFFECT OF REFUSAL TO PROCEED WITH ARBITRATION. In the event that any party to this Agreement refuses to go forward with arbitration, the party compelling arbitration reserves the right to proceed with arbitration, the appointment of an arbitrator, and hearings to resolve the dispute, despite the refusal to participate or absence of the opposing party. Submission of any dispute under this agreement to arbitration may only be avoided by a valid court order, indicating that the dispute is beyond the scope of this Agreement or contains an illegal aspect precluding the resolution of the dispute by arbitration. Any party to this Agreement who refuses to go forward with arbitration hereby acknowledges that the arbitrator will go forward with the arbitration hearing and render a binding decision without the participation of the party opposing arbitration or despite that party's absence at the arbitration hearing.
SEVERABILITY. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and shall not be affected by the invalidity of any other provision.
ACKNOWLEDGEMENTS BY PATIENT. The patient, by utilizing services is signing this Agreement, also acknowledges that he or she has been informed that:

a. NO DURESS. The Agreement may not be submitted to a patient for approval when the patient's condition prevents the patient from making a rational decision whether or not to agree;

b. AGREEMENT BASED UPON OWN FREE WILL. The decision whether or not to use services and thereby sign this Agreement is solely a matter for the patient's determination without any influence by the medical provider;

c. BINDING ARBITRATION AND EFFECT ON RIGHT OF APPEAL. Binding arbitration means that the parties give up their right to go to court to assert or defend a claim covered by this Agreement. The resolution of claims covered by this Agreement will be determined by a neutral panel of arbitrators and not a judge or jury. Each party is entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitration decisions are as enforceable as any court order. The decision of an arbitration panel is final and there will generally be no right to appeal an adverse decision. However, any party may, within 15 days from a decision of an arbitration panel, file a written request for reconsideration. Any such request for reconsideration shall be based upon (i) a claim that the panel failed to properly apply the law or applicable rules of evidence or (ii) that the procedures specified in this Agreement were not followed. A claim that the panel was incorrect as to the facts, or gave undue weight to certain evidence will not be a basis for a request for reconsideration; and this Agreement shall be effective by using any services or accessing the website. Upon such, this Agreement shall be deemed to be fully executed and binding upon all parties.

California Arbitration Notice

ARBITRATION AGREEMENT FOR CLAIMS ARISING OUT OF OR RELATED TO MEDICAL CARE AND TREATMENT

AGREEMENT TO ARBITRATE CLAIMS REGARDING FUTURE CARE & TREATMENT. It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently or incompetently rendered, will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. The patient agrees that any controversy, including without limitation, claims for medical malpractice, personal injury, loss of consortium, or wrongful death, arising out of or in any way relating to the diagnosis, treatment, or care of the patient by the undersigned provider of medical services, including any partners, agents, or employees of the provider of medical services, shall be submitted to binding arbitration.
AGREEMENT TO ARBITRATE CLAIMS REGARDING PAST CARE & TREATMENT. The patient further agrees that any controversy, including without limitation, claims for medical malpractice, personal injury, loss of consortium, or wrongful death, arising out of or in any way relating to the past diagnosis, treatment, or care of the patient by the undersigned provider of medical services or the provider's partners, agents or employees, shall be submitted to binding arbitration.
WAIVER OF RIGHT TO JURY TRIAL. BOTH PARTIES TO THIS AGREEMENT, BY ENTERING INTO IT, ARE GIVING UP THEIR CONSTITUTIONAL RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY, AND INSTEAD ARE ACCEPTING THE USE OF BINDING ARBITRATION.
ALL CLAIMS MUST BE ARBITRATED BY ALL CLAIMANTS. All claims based upon the same occurrence, incident, or care shall be arbitrated in one proceeding. It is the intention of the parties that this Agreement bind all parties whose claims may arise out of or relate to treatment or services provided by the provider of medical services, including the patient, the patient's estate, any spouse or heirs of the patient, and any children of the patient, whether born or unborn, at the time of the occurrence giving rise to the claim. In the case of any pregnant mother, the term "patient" herein shall mean both the mother and the mother's expected child or children. By signing this Agreement, the parties consent to the participation in this arbitration of any person or entity that would otherwise be a proper additional party in a court action.
ARBITRATION PROCEDURES. The parties agree and recognize that the substantive provisions of the State of California laws, rules and regulations governing medical malpractice claims shall apply to the parties and/or claimant(s) in all respects, except that at the conclusion of the pre-suit screening period and provided there is no mutual agreement to arbitrate under California laws, rules and regulations (which remain available if elected by the parties), the parties and/or claimant(s) shall resolve any claim through arbitration pursuant to this Agreement. Within thirty (30) days after a party to this Agreement has given written notice to the other of a demand for arbitration of said dispute or controversy under this Agreement, the parties to the dispute or controversy shall each appoint an independent arbitrator who is a member of the American Health Lawyers Association and give notice of such appointment to the other. Within a reasonable time after such notices have been given the two arbitrators so selected shall select a neutral arbitrator, who shall also be a member of the American Health Lawyers Association and give notice of the selection thereof to the parties. The arbitrators shall hold a hearing within a reasonable time from the date of notice of selection of the neutral arbitrator. The parties agree that the arbitration proceedings are private, not public, and the privacy of the parties and of the arbitration proceedings shall be preserved.
ARBITRATION EXPENSES. Each party shall bear the cost of her/its own attorneys' fees, the costs of presenting her/its case, and her/its arbitrator. Other costs of the arbitration (e.g. of securing a location for the arbitration, neutral arbitrator, court reporter, etc.) shall be shared by the parties.
APPLICABLE LAW. This Agreement shall be governed by and construed and enforced under the laws of the State of California. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in the State of California, before a single arbitrator, in accordance with the Rules of Procedure for Arbitration of the American Health Lawyers Association (AHLA) Alternative Dispute Resolution Service, and judgment upon the award rendered by the arbitrator(s) shall be entered in any court having jurisdiction thereof. For the purpose of entering such Arbitration Award as a State Court Judgment, the parties hereto consent to the jurisdiction and venue of an appropriate court located in the State of California. A party may initiate such arbitration by making written demand for arbitration on the other party. The demand shall contain a statement setting forth the nature of the dispute, the amount of damages involved, if any, and the remedies sought. The parties agree that only claims asserted pursuant to this agreement will be arbitrated in a proceeding initiated under this section and such claims shall not be consolidated or coordinated in any arbitration action with the claim of any other individual or entity. No claim may be arbitrated on a coordinated, class, mass, collective or consolidated basis. No claim may be brought as a class action or as a private attorney general. In no event will this arbitration clause be interpreted to allow a class action in arbitration. The actual cost of the arbitration, including the fees of the arbitrator(s), shall be borne equally by the parties. In the event that Arbitration (or litigation relating to domestication of Arbitration Award) results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one (1) year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable.
EFFECT OF REFUSAL TO PROCEED WITH ARBITRATION. In the event that any party to this Agreement refuses to go forward with arbitration, the party compelling arbitration reserves the right to proceed with arbitration, the appointment of an arbitrator, and hearings to resolve the dispute, despite the refusal to participate or absence of the opposing party. Submission of any dispute under this agreement to arbitration may only be avoided by a valid court order, indicating that the dispute is beyond the scope of this Agreement or contains an illegal aspect precluding the resolution of the dispute by arbitration. Any party to this Agreement who refuses to go forward with arbitration hereby acknowledges that the arbitrator will go forward with the arbitration hearing and render a binding decision without the participation of the party opposing arbitration or despite that party's absence at the arbitration hearing.
SEVERABILITY. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and shall not be affected by the invalidity of any other provision.
ACKNOWLEDGEMENTS BY PATIENT. The patient, by signing this Agreement, also acknowledges that he or she has been informed that:

a. NO DURESS. The Agreement may not be submitted to a patient for approval when the patient's condition prevents the patient from making a rational decision whether or not to agree;

b. AGREEMENT BASED UPON OWN FREE WILL. The decision whether or not to sign this Agreement is solely a matter for the patient's determination without any influence by the medical provider;

14. General Dispute Resolution

This section governs disputes relating to the Site, these Terms of Use, or Services generally, other than claims for medical malpractice or claims otherwise relating to the diagnosis, treatment, or care provided by a network provider, which are exclusively governed by the Arbitration Agreement for Claims Arising Out of or Related to Medical Care and Treatment set forth above.

Before either party commences arbitration under this section, that party must first give the other written notice describing the dispute and the relief sought, and the parties will attempt in good faith to resolve the dispute informally within 45 days of that notice. Notice to The HCG Institute should be sent to [email protected]. If the dispute is not resolved within that 45-day period, either party may proceed to arbitration as described below.

Any other dispute or claim arising out of or relating to these Terms of Use or your use of the Site will be resolved by binding arbitration administered by JAMS in Florida, in accordance with JAMS's then-current Comprehensive Arbitration Rules and Procedures (or, where applicable, its Consumer Arbitration Minimum Standards). Judgment on the award may be entered in any court of competent jurisdiction. You agree that any such arbitration will be conducted on an individual basis only, and you waive any right to participate in a class, collective, or representative action.

15. Governing Law and Jurisdiction

These Terms of Use, other than the Arbitration Agreement for Claims Arising Out of or Related to Medical Care and Treatment (which is governed by the law of the state in which the applicable treatment or care occurred, as set forth therein), are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Subject to the arbitration provisions above, exclusive jurisdiction and venue for any dispute not subject to arbitration shall lie in the state or federal courts located in Florida.

16. Severability

If any provision of these Terms of Use, other than the Arbitration Agreement (which contains its own severability provision), is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms of Use, together with the Privacy Policy, HIPAA Notice of Privacy Practices, Arbitration Agreement, Credit Card Authorization, and any Treatment Liability Waiver or other consent documents you execute in connection with your care, constitute the entire agreement between you and The HCG Institute regarding your use of the Site and Services, and supersede all prior agreements or understandings, written or oral, on that subject.

18. Modification, Suspension, and Termination of the Site

We reserve the right, at any time and without notice or liability to you, to (a) modify, suspend, or terminate operation of or access to the Site or any portion of it, including for a violation of these Terms of Use; (b) modify or discontinue any feature of the Site; and (c) interrupt operation of the Site as necessary to perform maintenance, correct errors, or make other changes. Upon termination of your access, any provision of these Terms of Use that by its nature is intended to survive termination shall survive.

The HCG Institute will not be deemed in breach of these Terms of Use for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labor dispute, failure of public networks or utilities, pandemic or public health emergency, or shortages of transportation, fuel, energy, labor, or materials (including pharmaceutical ingredient or compounding supply shortages), or other similar events.

19. Digital Millennium Copyright Act (DMCA) Notice

If you believe that material available on the Site infringes your copyright, please send a written notice to our designated agent at [email protected] that includes: your contact information; a description of the copyrighted work claimed to be infringed; the location of the allegedly infringing material on the Site; and a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We will respond in accordance with the DMCA, 17 U.S.C. § 512.

20. State-Specific Consumer Notices

Certain states require that healthcare providers and telehealth platforms display specific consumer rights and regulatory contact information. These notices are provided below for your awareness. This list may be updated from time to time.

Florida - Patient Bill of Rights for Weight-Loss Services Florida law requires all patients seeking weight-loss services to be informed of their rights. The Florida Patient Bill of Rights for Weight-Loss Services can be viewed at: Florida Statute § 501.0575: https://www.flsenate.gov/Laws/Statutes/2026/0501.0575

Florida - Out-of-State Telehealth Provider Registry Notice Pursuant to Florida Statute § 456.47(4)(c), a provider registered as an out-of-state telehealth provider to treat patients located in Florida must display a hyperlink to the Florida Department of Health's registry of telehealth providers. Registry: www.flhealthsource.gov/telehealth

California - Medical Board Notice Medical doctors are licensed and regulated by the Medical Board of California. Contact Information: Medical Board of California Central Complaint Unit 2005 Evergreen Street, Suite 1200 Sacramento, CA 95815 Phone: (800) 633-2322 or (916) 263-2382 Website: www.mbc.ca.gov Complaints may be filed online or by submitting a Consumer Complaint Form available on the Board's website.

Texas - Medical Board Notice Complaints about physicians and other licensees of the Texas Medical Board may be reported to: Contact Information: Texas Medical Board Attention: Investigations 333 Guadalupe, Tower 3, Suite 610 P.O. Box 2018, MC-263 Austin, TX 78768-2018 Phone: (800) 201-9353 Website: www.tmb.state.tx.us Assistance is available in English and Spanish.

Kansas - Professional Practice Notice It is unlawful for any person not licensed under the Kansas Healing Arts Act to open or maintain an office for the practice of the healing arts in this state. This telehealth practice operates under the authority of providers licensed to practice the healing arts in Kansas. Contact Information: Kansas State Board of Healing Arts 800 SW Jackson, Lower Level, Suite A Topeka, KS 66612 Phone: (785) 296-7413 or toll free (888) 886-7205 Website: www.ksbha.org

Georgia - Patient Bill of Rights (mandatory posting under Ga. Comp. R. & Regs. 360-27-.02; O.C.G.A. §§ 43-34-24, 43-34A-6) The patient has the right to file a grievance with the Georgia Composite Medical Board, concerning the physician, staff, office, and treatment received. The patient should send a written complaint to the board. The patient should be able to provide the physician or practice name, the address, and the specific nature of the complaint. Contact Information: Georgia Composite Medical Board Attn: Complaints Unit 2 Martin Luther King Jr. Drive SE, 11th Floor, East Tower Atlanta, GA 30334 Phone: (404) 656-3913 Website: www.medicalboard.georgia.gov

21. Contact Information

If you have questions or concerns about the Site or these Terms of Use, please contact us at: 877.228.2158 [email protected]

22. Text Messaging Program Terms

By opting into The HCG Institute's text messaging program, you agree to the following terms.

Types of messages. By subscribing to this program, you consent to receive SMS and/or MMS text messages from The HCG Institute, including messages related to appointments, orders, order updates, deliveries, promotions, alerts, and other account or Service-related information.

Message frequency. Message frequency varies by user and is not fixed; across all users of the program, message volume is estimated at approximately 25 to 1,000 messages daily.

Message and data rates. Message and data rates may apply, depending on your mobile carrier and plan. Check with your carrier for details.

Opt-in. Providing your mobile phone number and completing the applicable opt-in process is your express consent to receive text messages from The HCG Institute. Consent to receive text messages is not a condition of purchasing any Service.

Opt-out. You may opt out of the text messaging program at any time by replying "STOP," "CANCEL," or "UNSUBSCRIBE." You will receive a confirmation message, after which no further messages will be sent.

Help. For assistance, reply "HELP" to any message, call 877.228.2158, or visit thehcginstitute.com.

Supported carriers. This program is available on most major mobile carriers. Delivery may be delayed or may fail depending on your carrier's capabilities, and The HCG Institute is not responsible for delays or undelivered messages caused by carrier issues or other technical problems outside our control.

Privacy. Phone numbers and other data collected as part of this consent process are used solely to send the text messages described here. We do not share or sell this data to third parties, including for marketing purposes. See our Privacy Policy for further detail.

Changes. We reserve the right to modify or terminate this text messaging program, or these terms governing it, at any time. Continued participation in the program following any such change constitutes your acceptance of it.

23. Credit Card Authorization

Completion of the medical intake form and/or bloodwork is required to comply with, and continue participating in, The HCG Institute's programs. The medical intake form and/or bloodwork are required before a provider can determine whether treatment is medically necessary. By providing your payment information, you authorize The HCG Institute to charge the credit card account you provide.

The cardholder agrees to pay any amounts charged by The HCG Institute to the credit card account provided, and authorizes The HCG Institute to obtain credit approval from the relevant credit card company. You affirm that you are at least 18 years old and are legally authorized to use the credit card account used during checkout.

The HCG Institute does not accept or bill insurance for any programs. Once a program is started, The HCG Institute cannot honor refund requests based on scheduling conflicts, missed doses, or unsatisfactory results. Payment is due in full at the time of service. Your provider has no contract with any insurance company and is not contractually obligated to pre-certify treatment with your insurance company or respond to letters of appeal.

Charges made to the account you specify for products or services are non-refundable and cannot be cancelled, even if you are denied service based on your bloodwork or intake results. If a credit card charge is disputed, a $150 fee will be assessed for validating the charge, in addition to any collection or attorney's fees incurred to resolve the dispute. The HCG Institute is not responsible for a delay in a laboratory processing or receiving your bloodwork; retrieval of your bloodwork is your sole responsibility. You are free to discontinue participation in a treatment program at any time. You agree to the use of arbitration to settle legal controversies that may arise as part of your treatment program, as set forth in the Arbitration Agreement.