Terms & Conditions of Use

Revision Date: February 19, 2024

1.        Consent

By accessing this website and mobile and web-based application (collectively the “Site”), you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. You also acknowledge that you are at least 18 years old and have the legal authority to accept these Terms and Conditions of Use. You also agree that you will not violate any local, state, federal, or international laws in or by using this Site or accessing its materials.

If you do not agree with any of these terms and conditions, you are prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable copyright and trademark law.

2.         Content

The contents of the Site of Prescribe FIT, Inc. (“Prescribe FIT”), including its text, graphics, images, illustrations, designs, icons, photographs, video clips, and written and any other material (the “Content”) are provided for informational purposes only and are protected by copyrights, trademarks, trade dress, and/or other intellectual properties owned or controlled by Prescribe FIT. The content does not constitute professional advice from Prescribe FIT. The content should not be relied upon when making decisions of any kind.

Prescribe FIT owns or licenses all the content, photos, text, graphics, software, and information on this Site. You may view, download, and print contents from the Site subject to the following terms and conditions: (i) the content may be used solely for non-commercial purposes; and (ii) the content may not be modified or altered in any way. No right, title, or interest in any downloaded Content or software is transferred to you as a result of any such downloading or copying.  You may not replicate, distribute, download, copy, transmit, store, sell or otherwise use the content other than as explicitly permitted in these Terms and Conditions of Use.

3.         Disclaimer

The materials on Prescribe FIT’s Site are provided “as is.”  Prescribe FIT makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Prescribe FIT does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its internet Site or otherwise relating to such materials or on any sites linked to this Site.

4.         Site Contents

Information on this Site is provided with the understanding that Prescribe FIT is not rendering professional advice or recommendations. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs.

The materials appearing on Prescribe FIT’s Site could include technical, typographical, or photographic errors. Prescribe FIT does not warrant that any of the materials on its Site are accurate, complete, or current. Prescribe FIT may make changes to the materials contained on its Site at any time without notice. Prescribe FIT does not, however, make any commitment to update the materials.

5.         Limitations

In no event shall Prescribe FIT be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Prescribe FIT’s Internet site, even if Prescribe FIT or a Prescribe FIT authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. You acknowledge that your sole remedy with respect to any dissatisfaction with this Site’s services and content shall be to stop using the Site.

6.         User Comments, Feedback, Submissions, and Postings

Prescribe FIT may allow you to communicate, submit, upload, transmit or otherwise make available text, images, audio, video, and other content through the site (collectively, the “Submission(s)”), including in the form of comments, feedback, submissions, or other information. By transmitting Submissions on or through the site, you grant Prescribe FIT a perpetual, irrevocable, worldwide, royalty-free, assignable, sublicensable license to use, reproduce, store, modify, display, distribute, prepare derivative works based on, and transmit such Submissions, and you waive any and all moral rights and publicity rights in such Submissions. Prescribe FIT will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future Prescribe FIT business. Prescribe FIT will be entitled to use the Submission for any noncommercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you own whatever material you submit, and use of your Submission by Prescribe FIT will not infringe or violate the rights of any third party.

Prescribe FIT has the right, but not the obligation, to monitor, screen, block, post, remove, modify, store and review Submissions or any other communications sent through this Site, at any time and for any reason, including to ensure that Submissions conform to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations in any Submissions posted or sent by users.

7.         Links

Prescribe FIT has not reviewed all of the websites or applications linked to its Site and is not responsible for the contents of any such linked website or application. The inclusion of any link does not imply endorsement by Prescribe FIT of the Site or assure its privacy. Prescribe FIT makes no representations or warranties with respect to any linked website or application and your use of any such linked website or application is at the user’s own risk.

8.         Indemnification

You agree to defend, indemnify, and hold harmless Prescribe FIT, its directors, officers, employees, affiliates, attorneys, and agents (“Indemnitees”) against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees and costs, that Indemnitees may incur: (i) in connection with your use of the Site, (ii) in connection with your recommendation of the Site by hyperlink otherwise; and (iii) resulting from content you supply.

9.         Site Terms and Conditions of Use Modifications

Prescribe FIT may revise these Terms and Conditions of Use for its Site at any time without notice. Please check these Terms and Conditions of Use periodically for changes. By using this Site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

10.       Governing Law

Any claim relating to Prescribe FIT’s Site shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions.

11.       Severance

If any provision of these Terms and Conditions of Use shall be determined to be invalid, illegal, or unenforceable for any reason by any court or other competent authority, then such provision shall be severed and the rest of the Terms and Conditions of Use will continue in effect and continue to be binding and enforceable.

12.       Termination

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Prescribe FIT Site and destroying all Contents obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to any and all Prescribe FIT sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the Prescribe FIT Site and destroy all Contents obtained from such site and all copies thereof, whether made under these terms or otherwise.

Privacy Policy

Prescribe FIT, Inc. (“Prescribe FIT”) is committed to protecting your right to privacy and confidentiality while using this website and web-based application (collectively the “Site”). Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Site. Our privacy policy applies only to our Site and does not extend to other websites or applications you might access from our Site.

Your use of our Site indicates that you agree with this Privacy Policy as well as our Terms and Conditions of Use. If you do not agree with the terms of this policy or the terms and conditions of use, you are not authorized to continue using the Site.

For purposes of this Privacy Policy, the terms “we,” “us,” and “our” refer to Prescribe FIT. “You” and “your” refers to you, as a user of the Site. By accepting our Privacy Policy and Terms and Conditions of Use, you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

I.         Information We Collect

We collect “Non-Personal Information” and “Personal Information.”

Non-Personal Information includes information that cannot be used to personally identify you. Non-Personal Information includes technical information about your computer, internet browser, and/or Internet service provider. In an effort to improve the quality of our Site, we track Non-Personal Information when you view or use our Site. We use cookies to track this Non-Personal-Information both on an individual and aggregate basis. You can discontinue the use of cookies at any time by disabling the cookies feature on your web browser.

Personal Information includes the information that may be requested when you visit or use our Site, such as your name, email address, mailing address, and/or phone number. We collect this Personal Information from you when you register on the site, subscribe to our newsletter, fill out a form, or in connection with any other activity, service, or resource that we make available on our Site. By providing my email and phone number to Prescribe FIT, I agree and acknowledge that Prescribe FIT may email, call, and send text messages to my wireless phone number for any purpose. Message and data rates may apply. Message frequency will vary, and you will be able to Opt-out by replying “STOP”. Parts of our Site can be accessed without providing any Personal Information and other parts cannot. In order to access the Site anonymously, one would not voluntarily submit their Personal Information to us and continue using the Site as a guest. Our PACE application requires you enter some Personal Information to sign up and use the Site. You have the ability to refuse to supply any type of Personal Information although it may limit your ability, or access, to use our services and/or the Site.

Prescribe FIT collects this information through forms and through communications. Prescribe FIT will keep your data on file until you request, we delete your information. Depending upon how you use the Site, we may retain some Personal Information.

II.        How We Use and Share Information

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent. We do share Personal Information with others who are performing services for Prescribe FIT. In general, the Personal Information you provide is used to help us communicate with you.

In general, we use Non-Personal Information to help us improve the Prescribe FIT Site and customize the user experience. We also aggregate Non-Personal Information and may use or provide Non-Personal Information to other parties for marketing, advertising, or other uses. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to others.

In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.

Prescribe FIT, at its discretion, may include or offer third-party products or services on the Site as part of a collaborative marketing or sponsorship agreement. These third-party sites have separate and independent privacy policies. Prescribe FIT has no responsibility or liability for the content and activities of these linked sites. Nonetheless, Prescribe FIT seeks to protect the integrity of the Site and welcomes any feedback related thereto.

Prescribe FIT may post individuals’ images, testimonials, and comments on the Site, which may contain Personal Information. Prescribe FIT will obtain each individual’s consent, in writing, prior to posting the individual’s name and testimonial.

The Site may include social media features such as the ability to share Site information on your social media site.  These features may collect your IP address, which page you are visiting on our sites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Site. This Privacy Policy does not apply to these features. Your interactions with these features are governed by the privacy policy and other policies of the companies providing them.

III.      How We Protect Information

We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, encryption via Secure Socket Layer (SSL), regular maintenance and updates, firewalls, third-party tools, and other best practices.

However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. Prescribe FIT is not responsible for the security of your personal computer or for breaches of security that arise from your particular hardware and/or software configuration. Except as provided in this Privacy Policy, we will keep your personal information private and secure by using commercially reasonable means and will not share it with third parties unless such disclosure is required to comply with legal process; lawful orders from public authorities, to protect Prescribe FIT’s right of property, and/or to enforce the terms of our Site.

By using our Site, you acknowledge that you understand and agree to these policies.

IV.       Anti-Spam Policy

Prescribe FIT maintains compliance with anti-spam laws, which prohibits use of subscription services to send unsolicited commercial email in violation of applicable laws, and requires the inclusion in every email sent using the subscription service of an “opt-out” mechanism and other required information. You may unsubscribe from Prescribe FIT’s marketing communications by clicking on the “unsubscribe” link located on the bottom of our emails, updating your communication preferences by email tech@prescribefit.com or write to us at Prescribe FIT, ATTN: Unsubscribe, 401 West Town Street, Suite 232, Columbus, Ohio 43215.

V.        Cookies

Prescribe FIT employs the use of cookies on the Site. By using the Site, you consent to the use of cookies in accordance with this Privacy Policy. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

VI.       Changes to Our Privacy Policy

Prescribe FIT reserves the right to change this Privacy Policy and our Terms and Conditions of Use at any time. We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our Site. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this privacy page for updates. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of any modifications.

VII.     Links to Other Websites and Applications

Our site may contain links to other websites or applications. We are not responsible for the privacy practices or the content of such websites or applications.

VIII.   Contact Us

If you have any questions regarding this Privacy Policy or the practices of this Site, please contact us by sending an email to tech@prescribefit.com.

Last Updated: This Privacy Policy was last updated on February 19, 2024

Updates Made: SMS Text Message Consent

HIPAA Authorization

1.  Terms

Certain health and medical information about you is protected under the Health Insurance Portability and Accountability Act (“HIPAA”) and applicable state laws. You may provide this information to Prescribe FIT, Inc. (“Prescribe FIT”) either online or offline, or Prescribe FIT may collect this information from other methods such as through a health care provider. We protect covered health and medical information as HIPAA and applicable state laws may require. Similarly, we may use covered health and medical information as HIPAA and applicable state laws permit. Your authorization is required as a condition of acceptance in the Prescribe FIT program. Prescribe FIT must have this information to administer its services. The individually identifiable health information provided to Prescribe FIT is not transferred, sold or otherwise disclosed to third parties, except as necessary for the program’s administration, or as may be otherwise required by law, and is always protected as Confidential Private Information.

2.  Authorization

I understand that by checking the box on the previous page, I agree that this constitutes my written authorization for Prescribe FIT to receive and use the individually identifiable health information described above for the proper administration Prescribe FIT’s program in accordance with applicable law. This authorization is voluntary and shall remain in effect for the duration of my participation in Prescribe FIT’s program. I understand that if the organization authorized to receive the information is not a health plan or health care provider, that the released information may no longer be protected by federal regulations. I also understand that the information used or disclosed pursuant to this authorization, except as prohibited by 42 CFR Part 2 or other applicable law, may be subject to re-disclosure by the recipient and may no longer be protected by HIPAA or state law. I understand that I may inspect or obtain a copy of the information to be used or disclosed. I understand that there may be a charge for copying my records. I understand that, if I have any questions about my health information’s disclosure, I can contact Prescribe FIT at tech@prescribefit.com. If you are agreeing on behalf of dependent family members, your agreement verifies that you are the parent, legal guardian, or the authorized representative of the individual identified on the enrollment form. I have the right to revoke this authorization in writing at any time by contacting Prescribe FIT, Inc. at 401 West Town Street, Suite 232, Columbus, Ohio 43215, except to the extent that my medical information has already been used or disclosed in reliance on this authorization. However, because this information is essential to this program’s administration, my revocation of this authorization shall result in cancellation of my participation in Prescribe FIT’s program.

Revision Date: January 20, 2021

Updates Made: Physical Address Change