OptimizeMD, LLC DBA DexaFit Cincinnati

Effective February 1, 2025

Terms and Conditions of Use.

Welcome to OptimizeMD, LLC d/b/a DexaFit Cincinnati’s website and digital and online services (“DexaFit Cincinnati Site” or the “Site”), an online e-commerce, information, and communications service provided by DexaFit Cincinnati (“DexaFit Cincinnati” or “We” or “Our” or “Us”). These Terms and Conditions of Use cover the use for all of this Site, although additional conditions, restrictions, and policies, including the Notice of Privacy Practices (“NPP’) and the Privacy Policy posted or referenced on the Site may also apply.  

What’s covered in these Terms

These Terms and Conditions of Use (“Terms and Conditions”) define the obligations and rules of DexaFit Cincinnati’s relationship with you as you interact with Our services.  Understanding these Terms and Conditions is important because, by using Our Site, you are agreeing and are contracting with OptimizeMD, LLC d/b/a DexaFit Cincinnati to be bound by these Terms and Conditions. 

No Medical Advice 

The content, products, and services offered herein are here to educate consumers on health care and medical issues that may affect their daily lives. Nothing in the content, description of procedures or offered services should be considered, or used as a substitute for, medical advice, diagnosis, or treatment. Nothing on this Site or its content, or description of services/procedures constitutes the practice of any medical, nursing, or other professional health care advice, diagnosis, or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the procedures or services offered through this Site represent or warrant that any particular service or procedure is safe, appropriate, or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions.

IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.

Modification of Terms and Conditions

DexaFit Cincinnati may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting the modified terms and conditions on Our Site. You agree to review the agreement periodically to be aware of such modifications, and by you accessing or using Our Site and services constitutes your acceptance of the agreement as it appears at the time of your access or use. From time to time, DexaFit Cincinnati may offer Site visitors the opportunity to participate in additional features or services through this Site. You may be required to enter into additional agreements or authorizations before you can access such features or services.

Intended for users 18 and older

Other than Our Patient Portal, the Site is intended for use by individuals 18 years of age or older. This Site is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this Site. Our Patient Portal is available to patients 18 years of age and older. It is also available to patients who are between the ages of 13 years old and 17 years old with the permission of their parents or legal guardians.

Acceptable Use

You agree that you will not:

  • Use this website for any purpose in violation of local, state, national, or international laws.

  • Use this Site as a means to distribute advertising or other unsolicited material to any third party.

  • Use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity.

  • Attempt to disable, “hack,” or otherwise interfere with the proper functioning of this website.

  • Violate or attempt to violate the security of the Site, including, without limitation:

    • accessing data not intended for Site users or logging onto a server or an account which Site users are not authorized to access;

    • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or

    • accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

  • Use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep link to any feature or content on the Site, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

  • Use any device, software, routine, or any other means to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

Violations

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Protected Areas

In the event access to the Site or a portion thereof is limited by requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Us. You agree to protect the confidentiality of your user ID and password and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Us at any time with or without cause.

Account Setup

You agree to the following:

  • You agree to provide true, accurate, current, and complete information when registering to use the Site and establishing an account (“Registration Information”).

  • You agree to maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, DexaFit Cincinnati may suspend or terminate your account.

  • You agree that you are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account.

  • You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.

Service limitations

We reserve the right to reject any order for services including but not limited to: a Dexa Scan; VO2 Max Cardiopulmonary test; and Resting Metabolic Rate Test for which you place an order with Us without giving any reason. If We reject your purchase for services, We will generally attempt to notify you using the email address you gave us when you placed the order. DexaFit Cincinnati reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. DexaFit Cincinnati also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Us for the purpose of engaging in a commercial sale of that same product(s) with a third party.

Termination of use

DexaFit Cincinnati may, in its sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. DexaFit Cincinnati reserves the right to change, suspend, or discontinue all or any aspects of the Site at any time without prior notice.

User-Generated Content

If you submit, upload, or post any comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User-Generated Content”), you agree not to provide any User-Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other users of the Site through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to DexaFit Cincinnati that you have the legal right and authorization to provide all User-Generated Content to DexaFit Cincinnati for the purposes and DexaFit Cincinnati's use as set forth herein. DexaFit Cincinnati shall have a royalty-free, irrevocable, transferable right and license to use the User-Generated Content in whatever manner DexaFit Cincinnati desires, including, without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such User-Generated Content and/or incorporate such User-Generated Content into any form, medium, or technology throughout the world. DexaFit Cincinnati is and shall be under no obligation (1) to maintain any User-Generated Content in confidence; (2) to pay to you any compensation for any User-Generated Content; or (3) to respond to any User-Generated Content.

Reviews, Feedback and Other Postings to Site

DexaFit Cincinnati does not regularly review posted User-Generated Content but does reserve the right (but not the obligation) to monitor and edit or remove any User-Generated Content submitted to the Site. You grant DexaFit Cincinnati the right to use the name that you submit in connection with any User-Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User-Generated Content. You are and shall remain solely responsible for the content of any User-Generated Content you make. DexaFit Cincinnati and its affiliates take no responsibility and assume no liability for any User-Generated Content submitted by you or any third party.

Payment. A valid credit card number, expiration date, and card security code is required for all services purchased on the Site. If we are unable to charge the full cost of your purchase to the credit card you provide, we may cancel your order or request an alternate form of payment. DexaFit Cincinnati's designated credit card processor will collect your credit card information and related personal information for its use in processing your payment for the products or services ordered by you. Any complaints or grievances regarding the processing of your payment should be addressed to DexaFit Cincinnati at cincinnati@dexafit.com. You understand that the prices for products and services may be changed from time to time.

Recurring Payments

If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

Authorization

You represent and warrant that if you are making online payments that (i) any credit card, debit card, or bank account information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, (iv) you are the person in whose name the card was issued, and (v) you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Responsibility for charges and fees

You are solely responsible for all charges and applicable fees (including and any fees assessed by your bank) associated with your purchase of services from DexaFit Cincinnati. All payments are nonrefundable, and you explicitly waive any right to dispute any transactions.  If you lodge a dispute with your bank or credit card company, You agree to pay or reimburse any and all fees charged to DexaFit to defend itself from any disputed transactions.

  

No Insurance or Government-Funded Healthcare Plans.  None of the services purchased from DexaFit Cincinnati are eligible for payment or reimbursement by Medicare, Medicaid, Tricare, Indian Health Services or any other government-funded healthcare program or private insurance.  If You are a beneficiary of any government-funded healthcare program, you shall inform DexaFit Cincinnati of the plan in which you are a beneficiary prior to purchasing any services from Us.  

Indemnification

You agree that you will defend, indemnify, and hold harmless DexaFit Cincinnati from and against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorneys' fees and costs) against or incurred by DexaFit Cincinnati arising out of a claim by a third party relating to your breach of these Terms of Use or applicable law, User-Generated Content and any other materials you post or allow to be posted to the Site, your use or access of the Site, access of this Site by anyone using your user ID and password, or any other actions taken by you on the Site.

Intellectual property

The marks “DexaFit Cincinnati,” “DexaFit”,” OptimizeMD” are trademarks and/or service marks of OptimizeMD and/or DexaFit, Inc.  The content and design of this Site is protected by U.S. and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display, and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with DexaFit Cincinnati or DexaFit, Inc. You understand and agree that title to these materials shall not pass to you or any other user.

Disclaimers

YOU UNDERSTAND AND AGREE THAT DEXAFIT CINCINNATI SITE AND ANY SERVICES, CONTENT, OR INFORMATION CONTAINED ON OR PROVIDED BY DEXAFIT CINCINNATI SITE IS PROVIDED ON AN “AS IS” BASIS. DEXAFIT CINCINNATI DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, DEXAFIT CINCINNATI DOES NOT GUARANTEE THAT USE OF DEXAFIT CINCINNATI SITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES, OR WORMS. YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.

Errors on DexaFit Cincinnati Site

Content, prices, and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and DexaFit Cincinnati reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order for services has been submitted and whether or not the order has been confirmed and your credit card charged. In the event a service is listed at an incorrect price due to typographical error or error in pricing information received from Our suppliers, We shall have the right to refuse or cancel any orders placed for product/service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price. Individual bank policies will dictate when this amount is credited to your account. 

Accuracy and integrity of information

Although DexaFit Cincinnati attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and content thereon. It is possible that the Site could include typographical errors, inaccuracies, or other errors and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform DexaFit Cincinnati so that it can be corrected. DexaFit Cincinnati reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, DexaFit Cincinnati shall have no responsibility or liability for information or content posted to the Site from any non-DexaFit Cincinnati affiliated third party.

Limitations of liability

Assumption of Risk

THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL DEXAFIT CINCINNATI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE(S), OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. ANY CLAIMS AGAINST DEXAFIT CINCINNATI AND DEXAFIT CINCINNATI'S LIABILITY RELATING TO A PRODUCT OR SERVICE PURCHASED ON OUR SITE IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICE IS TO STOP USING THE SERVICE. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Links to third party websites

The Site contains links to other sites operated by third parties, including but not limited to third party sites that may display the DexaFit trademarks (“Third Party Sites”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.

No Warranties/Promises

DexaFit Cincinnati does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site on the DexaFit Cincinnati Site does not constitute sponsorship, endorsement, approval, or responsibility for any Third-Party Site. DexaFit Cincinnati makes no representation or warranty as to any products or services offered on any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from the conditions of use and legal notices that apply to your use of the Site. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

Dispute Resolution/Governing Law/Jury Waiver

Any dispute regarding these Terms and Conditions between you or anyone claiming on your behalf shall be resolved first by mediation conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association (“AAA”).  Each Party shall bear its own costs of mediation and one-half of the mediator’s and/or AAA’s fees.  If the dispute is not resolved by mediation, the matter shall be settled by final and binding arbitration before a single arbitrator in accordance with the rules of the applicable dispute resolution organization.  Any award by an arbitrator shall not include punitive or exemplary damages.  These Terms and Conditions and the rights and obligations of Us and You shall be construed and enforced pursuant to the laws of the State of Ohio. You irrevocably submit to the exclusive jurisdiction of the state and county courts located in Hamilton County and agree that all proceedings may be brought in such courts. YOU acknowledge and agree that any controversy which may arise under this agreement is likely to involve complicated and difficult issues, and therefore, hereby irrevocably and unconditionally waive any right to a trial by jury in respect of any litigation directly or indirectly arising out of or relating to these Terms and Conditions or the transactions contemplated hereby or thereby. 

Contact information

If you have any questions about the service, please contact us at cincinnati@dexafit.com.