PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING THE TRANSCEND HEALTH PRACTICE WEBSITE (THE "WEBSITE"). BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE WEBSITE.
1. WHAT TRANSCEND HEALTH IS ALL ABOUT
Transcend Health is a private, membership-based healthcare practice focused on preventive longevity, advanced diagnostics, and personalized health optimization. We deliver coordinated, relationship-driven care tailored to each member's unique health profile. The content on this website is informational only and does not constitute medical advice, diagnosis, or treatment.
2. WHAT THIS WEBSITE IS ALL ABOUT
Transcend Health (the "Practice,") is a concierge medical practice offering personalized healthcare services, including telehealth-based primary care, wellness, and care coordination. This Website serves exclusively as an informational and marketing resource. Its purpose is to describe our Practice and services, provide general health and wellness information, and allow prospective patients to schedule an introductory consultation or sales call.
3. NO PHYSICIAN-PATIENT RELATIONSHIP
THIS IS THE MOST IMPORTANT SECTION OF THESE TERMS. PLEASE READ IT CAREFULLY.
Use of this Website, including browsing its content, submitting a contact form, scheduling an introductory call, or communicating with the Practice’s team through the Website, does NOT establish a physician-patient relationship. A physician-patient relationship with the Practice is formed ONLY when ALL of the following have occurred:
(a) You have completed a formal enrollment process and signed a Membership Agreement;
(b) You have been accepted as a patient by the Practice;
(c) You have completed the clinical onboarding process, including execution of informed consent documentation and applicable intake forms; and
(d) Payment of applicable membership fees has been received.
Until all of the above conditions are met, no duty of care, or confidential relationship, or clinical obligation exists between you and the Practice. Any information exchanged through this Website prior to formal enrollment is not subject to physician-patient privilege.
4. NO MEDICAL ADVICE
This Website does not deliver medical care, collect protected health information ("e-PHI"),function as a patient portal, or host telemedicine sessions, which are defined as sessions in which consultations on the evaluation, diagnosis, prognosis, treatment plans, and treatmentof medical conditions are provided. All clinical services, including telemedicineconsultations, medical records, and provider communications, are delivered through separate HIPAA-compliant platforms after formal enrollment in our concierge membership program.
The content on this Website, including text, graphics, testimonials, blog posts, and other materials, is provided for general, health-related informational and educational purposes only. It is not intended to be, and does not constitute, medical advice, diagnosis, or treatment. Nothing on this Website should be construed as a substitute for professional medical care and judgment.
Do not disregard, avoid, or delay obtaining medical advice from a qualified healthcare provider because of information you read on this Website. If you have specific medical questions or concerns, consult a licensed healthcare professional.
5. PII PRIVACY POLICY & HIPAA NOTICE OF PRIVACY PRACTICES
The personal information which you post on this Website is governed by the Practice’s PIIPrivacy Policy (as defined below) and any e-PHI which you may post is governed by the Practice’s HIPAA compliant Notice of Privacy Practices. The PII Privacy Policy sets forth howthe Practice collects, stores, uses and shares your personally identifiable information. The Notice of Privacy Practices sets forth how the Practice collects, stores, uses and discloses your e-PHI. (Both Policies are accessible and downloadable from the Site.) You acknowledge that you have read and understand these Policies and consent to the Practice dealing with your personally identifiable information and your e-PHI in compliance with these Policies.
6. EMERGENCY DISCLAIMER
THIS WEBSITE IS NOT DESIGNED OR INTENDED FOR USE IN MEDICAL EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM IMMEDIATELY. DO NOT RELY ON THIS WEBSITE OR ANY COMMUNICATION WITH THE PRACTICE’STEAM FOR EMERGENCY MEDICAL ASSISTANCE.
7. ELIGIBILITY
This Website is intended for use by individuals who are at least 18 years of age and reside in the United States. By using this Website, you represent that you meet these requirements.
8. INTELLECTUAL PROPERTY
All content on this Website, including but not limited to text, graphics, logos, images, photography, video, audio, software, design elements, and the overall look and feel of the Website (collectively, "Content"), is the property of the Practice, or its licensors and is protected by United States and international intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any Content without the Practice’s prior written consent.
9. PROHIBITED CONDUCT
You agree not to: (a) use the Website for any unlawful purpose; (b) impersonate any person or entity; (c) interfere with or disrupt the operation of the Website; (d) attempt to gain unauthorized access to any part of the Website or its underlying systems; (e) transmit viruses, malware, or other harmful code; (f) use automated systems (bots, scrapers, crawlers) to access or index the Website; (g) collect personal information of other users; or (h) use the Website to harass, threaten, or harm any individual.
10. THIRD-PARTY LINKS AND SERVICES
This Website may contain links to third-party websites or integrate third-party tools for scheduling, analytics, or communications (such as Calendly, Google Analytics, or similar services). The Practice does not control and is not responsible for the content, privacy practices, or terms of any third-party service. Your interaction with third-party services is governed by their own terms and policies. Your use of these third-party websites and tools is completely at your own risk. You acknowledge that the Practice does not have any responsibilities, obligations, nor any liabilities for any injury, loss or other damages you may suffer from your use of these third-party websites and tools. You release (i.e. give up) against the Practice any claims of any injury,loss or other damages from such use.
11. SOCIAL MEDIA POSTS
You may decide to post or otherwise place on Social Media Platforms comments or Content fromor about the Website. In deciding to do so, you must: (1) not alter Website Content, nor present it out-of-context, or in any manner which misrepresents, distorts, modifies or otherwise changes the meaning, intent, substance or contents of the Content; (2) not disclose your personally identifiable information; (3) not disclose your e-PHI; (4) not infringe on the privacy rights of any other person or entity; (5) not infringe or violate any legal rights or protections of any person; and (6) all comments and Content must be posted/placed in compliance with these Terms and Conditions of Use.
You acknowledge that any such posting/placing on any Social Media Platform is totally at yourown risk; fully accepts whatever consequences occur from such posting/placing; and further acknowledge that the Practice has no control over, nor any obligations, responsibilities or liabilities for, any such consequences. Additionally, you acknowledge that it is yourresponsibility to check the Terms and Conditions of Use and the policies, including privacy policy, of any Social Media Platform before posting/placing any content on it.
You will not contact any other user of the Website through it or through text messages, emails, telephone calls, mailings, or any other method of communication, or through a Social Media Platform, or in person, unless this other user has expressly consented to such contract. You shall immediately cease any such contract upon the other user’s withdrawal of such consent.
12. DISCLAIMERS
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PRACTICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The Practice does not guarantee that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. We are not responsible for any technical malfunctions of the internet, your device, or any third-party services.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRACTICE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO,EITHER DIRECTLY OR INDIRECTLY OR IN WHOLE OR IN PART, YOUR USE OF OR INABILITY TO USE THE WEBSITE, REGARDLESS OF THE THEORY OF LIABILITY.
You acknowledge your understanding that, because this Website is informational only and does not deliver any medical care or advice, nothing contained in these Terms and none of the Practice’s activities on the Website can form the basis for, or otherwise in any manner support,any allegation against the Practice of medical malpractice, gross negligence, or willful misconduct in the provision of clinical services.
14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Practice from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to, either directly or indirectly, or in whole or in part, your violation of these Terms, your misuse of the Website, or your violation of any third-party rights or applicable law.
15. NON-DISPARAGEMENT
During your access and use of the Website and its Content and for all time thereafter, you shall not, either directly or indirectly through any other person or entity, engage in any Disparagement (as defined below) of the Practice, the Website, its Content or any of the Practice’sactions/activities on the Website, or otherwise. Any such Disparagement by you will constitute a material breach of these Terms and Conditions and will entitle the Practice to all available remedies in the law, including, but not limited to, obtaining a court order from a judge ordering you to delete, take-down or otherwise remove the Disparaging Communication(s) (as also defined below) and to cease and desist from making any further Disparaging Communications. Whether you have engaged in any Disparagement shall be determined based on the standard of what an ordinary, reasonable person of average sensibilities would consider to be Disparagement.
“Disparagement” shall mean the making of any statement or any other form of expression, whether verbal, electronic, written, or in any other form of communication or medium/media for communications, including, but not limited to, HealthGrades, RateMDs, WebMD, Yelp, and any other website or other internet site or other internet means for patients or other individuals to rate physicians or medical practices (hereinafter collectively referenced as “Communications”), which would have a tendency to lower in esteem or reputation, demean, diminish, discredit, detract from, disparage, depreciate or ridicule, or which in any other manner would cause injury to the brand or reputation, either personally or professionally, of the Practice, the Website, its content or any actions/activities by the Practice on the Website or otherwise.
16. DISPUTE RESOLUTION
16.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the state in which you reside; that is, where you have your primary residence, without regard to its conflict of law principles.
16.2 Jurisdiction. The Practice and you also agree to the exclusive jurisdiction of the federalcourts in the state where you reside regardless of your physical location when accessing and using the Website or its content. In agreeing to such exclusive jurisdiction, the Practice and youconsent to the personal jurisdiction of such federal courts and waive (i.e., give-up), any claim that these courts are an inconvenient location for you and the Practice to appear and to participate in any proceedings in these courts.
16.3 Arbitration. Any dispute arising out of or relating to, either directly or indirectly, or in whole or in part, these Terms or your use of this Website shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in the state in which you reside. Judgment on the award may be entered into in any federal court in that state.
16.4 Class Action Waiver. YOU AGREE THAT ANY ABITRATION OR ANY OTHERDISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
17. TERMINATION
We may restrict or terminate your access to the Website at any time, with or without cause or notice. Upon termination, your right to use the Website will immediately cease. Sections 8, 9, 10, 11, 12, 13, 14, 15 and 16 of these Terms shall survive termination.
18. MODIFICATIONS TO THESE TERMS
We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
19. ELECTRONIC COMMUNICATIONS
By completing and submitting a contact form, scheduling a call, text messaging, or subscribing to our email list, you consent to receive electronic communications from us, including marketing emails, newsletters, and responses to your inquiries. You may opt out of marketing communications at any time by using the unsubscribe link in any email or text message, or by contacting us directly. Opting out of marketing communications does not affect transactional or administrative messages related to any future membership.
20. RISKS OF TELEHEALTH SERVICES
By accessing and using the Website, you acknowledge and accept the potential risks associated with telehealth Services. (Defined as general and educational information related to health and wellbeing and which does not constitute medical advice, diagnosis, prognosis, a treatment planor treatment). These risks include, but are not limited to: (1) information, data, and records may be corrupted, lost, or delayed in transmission which may result in miscommunications or errors in a communication between you and the Website; (2) disruption or breakdowns in electrical utility services, in internet or network services, or in electronic equipment; (3) the activities of bad actors such as hackers, malware, ransomware and the like; and (4) security breaches which, notwithstanding the security measures by the Website, its website hosting company, and the Website’s payment services provider, can result in the unauthorized disclosure and use of yourpersonally identifiable information.
You acknowledge and accept that your transmission of personally identifiable information to the Website is at your own risk; that the Practice cannot guarantee and makes no guarantees, warranties or representations regarding the cybersecurity of the Website; and that the Practice is not responsible for any unauthorized disclosure or use of such information, notwithstanding the Website’s cybersecurity measures and those of its hosting company and payment services provider.
21. ACCESSIBILITY
We are committed to making this Website accessible to all users, including individuals with disabilities, particularly those users with vision disabilities. If you experience any difficulty accessing any part of the Website, please contact us at hello@transcendhealthgroup.com and we will work to provide the information you need through an accessible alternative.
22. SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.
23. FORCE MAJEURE
The Practice shall not be in breach of these Terms and Conditions of Use, nor shall it be in breach of its HIPAA Notice of Privacy Practices and its PII Privacy Policy, and shall not have any obligations, responsibilities nor any liabilities for any such breach, which is due to or as a result of any event or occurrence beyond the reasonable control of the Practice. Such events or occurrences include but are not limited to, acts of God, terrorism, war, including electronic warfare, civil disorder, strikes, weather conditions, or other natural or man-made disasters, public health emergency, acts of terrorism, failures of any networks or internet connectivity, electrical shortages or outages, or any bad acts by third parties which disrupt the internet or otherelectronic communications generally or specifically for the Website.
24. ENTIRE AGREEMENT
These Terms, together with our HIPAA Notice of Privacy Practices and our PII Privacy Policy,constitute the entire agreement between you and the Practice with respect to your use of this Website. These Terms do not govern the clinical services, membership program, or patient-provider relationship, which are subject to separate agreements executed upon enrollment.
25. CONTACT INFORMATION
If you have questions about these Terms, please contact:
Transcend Health Medical
730 Peachtree Street NE, #570, Atlanta, GA 30308
Email: hello@transcendhealthgroup.com
26. ACCEPTANCE OF TERMS OF USE
By clicking “I Accept” or other similar icon on the Website, or by accessing and using this Website and its content, you acknowledge your understanding and consent to comply with these Terms and Conditions in such access/use. You are permitted a use license to access/use the Website and its content, only if you do so in compliance with these Terms and Conditions.
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