1. Acceptance of These Terms
By accessing or using the website plenahealthclinic.com (the “Site”), the patient portal at patient.plenahealthclinic.com (the “Portal”), or any telehealth or wellness service provided by Plena Health (together, the “Services”), you agree to be bound by these Terms of Service (the “Terms”) and by our Privacy Policy. If you do not agree, do not use the Services.
2. Eligibility
The Services are available only to individuals who are at least 18 years old, have the legal capacity to enter into these Terms, and are physically located in a U.S. state in which our clinicians are licensed at the time of each visit. By using the Services you represent that you meet these requirements and that any information you provide is accurate and complete.
3. Your Account
Certain Services require a Portal account. You are responsible for maintaining the confidentiality of your sign-in credentials and for all activity under your account. Notify us immediately at hello@plenahealthclinic.com if you suspect unauthorized access. We may suspend or terminate accounts that provide false information or violate these Terms.
4. Nature of the Services; Telehealth
Plena Health provides clinician-led telehealth consultations, prescriptions and refills when clinically appropriate, medical weight loss programs, nutrition guidance (including nutritionists available upon request), and ongoing wellness support. Clinical services are provided by licensed clinicians, including our founder and head clinician Dr. Jorgelina D'Fana Valdes, APRN, exercising independent professional judgment.
Telehealth has limitations: a virtual visit is not a physical examination, and some conditions cannot be evaluated or treated remotely. Our clinicians may determine that telehealth is not appropriate for your situation and may refer you to in-person care. By using the Services, you consent to receiving healthcare services via telehealth and acknowledge these limitations.
5. No Emergencies
The Services are not for medical emergencies or urgent conditions. If you believe you are experiencing a medical or mental-health emergency, call 911, go to the nearest emergency department, or contact a crisis line immediately. Do not rely on the Site, the Portal, or email for emergency help.
6. Prescriptions and Treatment Decisions
All prescribing decisions are made solely by the treating clinician based on clinical appropriateness. No prescription, including any weight loss medication, is guaranteed. Our clinicians do not prescribe controlled substances through the Services unless permitted by applicable law and clinically indicated. You are responsible for providing accurate medical history and for telling your clinician about all medications and conditions.
7. No Guaranteed Outcomes
Patient testimonials and weight loss stories shared on the Site reflect individual experiences and are published with consent. They are not a promise or guarantee of results. Individual outcomes vary based on health status, adherence, and clinical factors. Nothing on the Site constitutes medical advice; the only medical advice you receive is from your clinician during the course of your care.
8. Fees, Billing, and Insurance
Fees for visits and programs are disclosed before you book and are due at the time of service unless otherwise stated. Unless we tell you otherwise in writing, Plena Health does not bill insurance or government payers, and the Services are offered on a self-pay basis; you may request an itemized receipt to submit to your insurer, but reimbursement is not guaranteed. You authorize us (or our payment processor) to charge the payment method you provide.
9. Cancellations and Refunds
You may cancel or reschedule a visit with at least 24 hours' notice at no charge. Late cancellations and no-shows may be subject to a fee disclosed at booking. Fees for clinical services already rendered are non-refundable. If we cancel your visit, you will receive a full refund or credit, at your option.
10. Prohibited Uses
You agree not to: (a) use the Services for any unlawful purpose; (b) provide false, misleading, or incomplete information, including about your identity, location, or medical history; (c) share your account credentials or allow others to use your account; (d) attempt to gain unauthorized access to the Site, the Portal, or our systems; (e) scrape, copy, or harvest data from the Site; (f) record visits or clinicians without prior written consent; or (g) use the Services to seek prescriptions solely for resale or diversion.
11. Intellectual Property
The Site and its content, including the Plena Health name and logo, text, graphics, and design, are the property of J&N Hermanos Health or its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. All other rights are reserved.
12. Electronic Communications and E-SIGN Consent
By using the Services, you consent to receive communications from us electronically, including appointment confirmations, care instructions, legal notices, and billing communications, by email, through the Portal, or by text message where you have provided a number. You agree that electronic signatures and records satisfy any legal requirement that a communication be in writing. You may withdraw consent to electronic communications by contacting us, but doing so may limit your ability to use the Services.
13. Disclaimers
EXCEPT FOR THE CLINICAL SERVICES PROVIDED BY LICENSED CLINICIANS SUBJECT TO APPLICABLE PROFESSIONAL STANDARDS, THE SITE AND PORTAL ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, J&N HERMANOS HEALTH AND ITS OWNERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SITE OR PORTAL. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE TECHNOLOGY SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR MEDICAL MALPRACTICE, WHICH IS GOVERNED BY APPLICABLE STATE LAW AND NOT WAIVED BY THESE TERMS.
15. Indemnification
You agree to indemnify, defend, and hold harmless J&N Hermanos Health and its owners, employees, and agents from claims, losses, and expenses (including reasonable attorneys' fees) arising out of your violation of these Terms, your misuse of the Services, or your provision of false or misleading information.
16. State Medical Board Complaints
Nothing in these Terms limits your right to file a complaint with any state licensing board or other regulator regarding the professional conduct of any clinician. Contact information for the relevant licensing board is available upon request at hello@plenahealthclinic.com.
17. Arbitration and Class-Action Waiver
Except for (a) claims within the jurisdiction of small-claims court and (b) claims for medical malpractice or violations of health-information privacy laws, you and Plena Health agree that any dispute arising out of or relating to these Terms, the Site, or the Portal will be resolved by binding individual arbitration rather than in court, and you waive the right to participate in a class action. The arbitration will be conducted by the American Arbitration Association under its consumer arbitration rules, in the state identified in Section 18, before a single arbitrator. Each party may seek injunctive relief in court for misuse of intellectual property or unauthorized access.
18. Governing Law
These Terms are governed by the laws of the State of [STATE: confirm with counsel before launch], without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 17.
19. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will revise the effective date above and provide notice on the Site or by email before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.
20. Miscellaneous
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy and the HIPAA Notice of Privacy Practices, are the entire agreement between you and Plena Health regarding the Services.
21. Contact
Questions about these Terms may be sent to:
- Email: hello@plenahealthclinic.com
- Mail: J&N Hermanos Health, d/b/a Plena Health, [MAILING ADDRESS: add before launch]