Terms of Use
MEDICAL EMERGENCIES. Do not use this website, the member portal, or any Salus messaging channel to report or manage a medical emergency. If you are experiencing a medical emergency, call 911 immediately or go to the nearest emergency department.
ARBITRATION NOTICE. These Terms contain a binding arbitration provision, a class action waiver, and a jury trial waiver that affect your legal rights. Please read Section 17 carefully. Health care liability claims are expressly excluded from arbitration and are governed by Section 17.7.
KEY PROVISIONS. These Terms also contain disclaimers of warranties, limitations of liability, indemnification obligations, and a shortened period for bringing claims. Review Sections 13 through 18 before using the Services.
1. Acceptance of These Terms
These Terms of Use (“Terms”) are a binding agreement between you and Salus Clinical PLLC, a Texas professional limited liability company, together with its affiliates and successors (“Salus,” “we,” “us,” or “our”). “You” refers to you individually and to any person or entity claiming rights through you.
These Terms govern your access to and use of www.salusclinical.com, any member portal or mobile application we make available, and all related content, tools, and features (collectively, the “Services”).
By accessing or using the Services, or by clicking a button or checkbox indicating agreement, you accept these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.
2. Eligibility
The Services are intended for adults eighteen years of age or older who are located in the United States. By using the Services, you represent that you are at least eighteen, that you have the legal capacity to enter into a binding agreement, and that you are not barred from using the Services under applicable law.
3. Relationship Among Our Documents
Several documents may govern your relationship with Salus. Where provided to you, they apply in the following order of precedence in the event of conflict:
- Your Membership Agreement and clinical consents, which govern the clinical relationship, the scope of services, fees, and termination.
- Our Notice of Privacy Practices, which governs medical information in connection with clinical care.
- Our Privacy Policy, which governs other personal information.
- These Terms, which govern your use of the Services.
Precedence is determined by subject matter. Our Privacy Policy controls on questions of privacy and the handling of personal information. These Terms control on questions of your use of the Services, dispute resolution, disclaimers of warranties, limitations of liability, and indemnification, and govern in all cases where no other document addresses the subject.
4. No Physician-Patient Relationship; No Medical Advice
Use of the Services, receipt of our communications, and interaction with us on social media do not establish a physician-patient relationship. That relationship is established only upon acceptance of membership, execution of the applicable clinical agreements and consents, and commencement of clinical evaluation by a licensed clinician.
Content available through the Services is general in nature, is not medical advice directed to any individual, and is not a substitute for consultation with a qualified health care professional. Do not use the Services for diagnosis or treatment. Your reliance on any information available through the Services is solely at your own risk.
Salus Clinical PLLC is a professional limited liability company organized under Texas law for the practice of medicine. Clinical services are furnished by physicians and other clinicians independently licensed in the jurisdictions in which they practice, and clinical judgment is exercised solely by those licensed clinicians. Salus does not guarantee that any particular clinician will be available to you or will remain associated with the practice.
5. No Guarantee of Results
Individual responses to any assessment, protocol, intervention, or program vary based on genetics, medical history, adherence, and factors outside anyone’s control. Salus makes no representation, warranty, or guarantee that any service will produce any particular health outcome, including any change in biological age, biomarker value, disease risk, longevity, performance, or body composition.
Any outcome, statistic, case description, or member experience presented through the Services is illustrative only, reflects the experience of specific individuals, and should not be understood as typical or as a prediction of your results. Where a member testimonial or endorsement appears, it reflects that individual’s own experience, and any material connection between that individual and Salus will be disclosed.
Statements made through the Services have not been evaluated by the U.S. Food and Drug Administration unless expressly stated, and nothing available through the Services is intended to diagnose, treat, cure, or prevent any disease except as delivered by a licensed clinician within an established clinical relationship.
6. No Insurance Participation
Salus does not participate in, contract with, or bill any commercial insurance plan, health maintenance organization, Medicare, Medicaid, or other government health care program. All fees are payable directly by you. We do not submit claims on your behalf and do not verify eligibility or benefits with any payor.
Membership fees and service charges are not a covered benefit under health insurance or other benefit plans. You are solely responsible for determining whether any amount paid is eligible for reimbursement, health savings account or flexible spending account treatment, or tax deduction, and Salus makes no representation on those questions. Where we furnish documentation for your own use, we do not represent that any payor will accept it.
7. Accounts, Credentials, and Security
Where we make an account or member portal available, you agree to provide current, complete, and accurate registration information and to keep it updated.
You are responsible for all activity occurring under your credentials. Credentials are personal to you and may not be shared, including with household members, unless we have established a linked account at your written direction. If you share credentials, the recipient may be able to view your information and communicate as if they were you. Notify us immediately of any suspected unauthorized access.
We may refuse service, suspend or terminate accounts, or restrict access to any part of the Services at any time, with or without notice, including where we believe you have violated these Terms or applicable law, or where continued access would create risk to Salus or others.
We do not guarantee uptime or continuous availability, and we may withdraw, modify, or discontinue any part of the Services at our discretion.
8. Permitted Use and Prohibited Conduct
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and view the Services for your own non-commercial use.
You agree that you will not:
- Misrepresent your identity, impersonate any person or entity, or provide false information.
- Access any portion of the Services you have not been granted access to, or attempt to circumvent any security or access control.
- Use any robot, spider, scraper, or automated means to access, monitor, or copy the Services or their content.
- Reproduce, modify, adapt, translate, create derivative works from, republish, distribute, sell, license, or publicly display any part of the Services.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of any software component.
- Remove, obscure, or alter any copyright, trademark, or other proprietary notice.
- Introduce any virus, worm, Trojan horse, logic bomb, keystroke logger, or other malicious code.
- Interfere with, disrupt, overburden, or disable the Services or any server or network connected to them, including through denial-of-service attack.
- Use the Services in violation of any applicable law or regulation, or in any manner that could expose Salus or others to liability.
- Use the Services for any competitive purpose, including benchmarking, or to develop a competing product or service.
- Represent that you are affiliated with, endorsed by, or authorized to act on behalf of Salus.
We may take any action we consider appropriate in response to a violation, including suspension, termination, disclosure to law enforcement, and civil action.
9. Intellectual Property
The Services and all content, features, and functionality, including text, graphics, images, video, audio, software, design, selection, and arrangement, are owned by Salus, its licensors, or other providers, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. No right, title, or interest is transferred to you, and all rights not expressly granted are reserved.
The names, logos, wordmarks, slogans, and other marks displayed through the Services are trademarks or service marks of Salus or their respective owners. Nothing in these Terms grants any license or right to use any mark by implication, estoppel, or otherwise, without our prior written permission.
You may print or download a reasonable number of pages for your own personal, non-commercial use, provided you retain all proprietary notices and do not further reproduce, publish, or distribute them.
10. Your Submissions and Feedback
Any comment, suggestion, idea, concept, or other material you submit through the Services, other than personal information governed by our Privacy Policy and protected health information governed by our Notice of Privacy Practices, will be treated as non-confidential and non-proprietary.
By submitting such material, you grant Salus a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and create derivative works from it for any purpose, without compensation or attribution.
You represent that any material you submit is your own, is accurate as you understand it, and does not infringe or violate the rights of any third party. We may remove, refuse to post, or disclose information about any submission at our discretion.
Do not submit clinical information, laboratory results, or images through public forms, comment features, or unencrypted email. Our Privacy Policy governs unsolicited information.
11. Third-Party Content, Links, and Providers
The Services may contain content, links, features, or tools provided by third parties, including laboratories, diagnostic vendors, device and application providers, and payment processors. We do not control those services, do not endorse them by including or linking to them, and are not responsible for their content, accuracy, security, availability, or practices. You access them at your own risk and subject to their own terms.
Where the Services feature information about or content from clinicians or other health care providers, that information is provided for convenience only. We do not independently verify third-party credentials or content, and we are not responsible for any relationship between you and any third-party provider.
Third-party content may reference uses of devices, products, or therapies that have not been approved or cleared by the U.S. Food and Drug Administration. We do not endorse any such use.
12. Electronic Communications
By using the Services or providing your contact information, you consent to receive communications from us electronically, including by email, text message, telephone, and notices posted through the Services, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.
These communications may include administrative notices, scheduling and service messages, portal alerts, and, where permitted, informational or promotional messages. You may opt out of marketing communications as described in our Privacy Policy. We may continue to send transactional and administrative communications after a marketing opt-out.
Unsecured communications may be intercepted. By electing to communicate through unencrypted email or text message, you accept that risk.
13. Fees, Payment, and Renewal
Fees, payment terms, refund terms, and cancellation rights are set out in your Membership Agreement, which controls. The following applies to payments made through the Services.
You represent that you are authorized to use any payment method you submit and authorize us to charge it for amounts due, including applicable taxes. Payment card processing is performed by a third-party processor, and we are not responsible for that processor’s handling of your information.
Where a membership renews automatically, you authorize us to charge your payment method at each renewal until you cancel. You must cancel before the renewal date to avoid being charged. If the amount to be charged differs from the amount you previously authorized, other than for a change in taxes, we will notify you of the amount and the date of the charge before it is made, and you may cancel.
We may modify fees on notice. We may refuse, limit, or cancel any order or application at our discretion, including where it appears to be placed by a competitor. Errors in pricing or description may be corrected after submission, and we may cancel the affected transaction.
14. Disclaimer of Warranties
THE SERVICES AND ALL CONTENT AVAILABLE THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AT YOUR OWN RISK, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY; TO THE FULLEST EXTENT PERMITTED BY LAW, SALUS AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR ANY SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, AND NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS; PROVIDED, HOWEVER, THAT THIS SECTION DOES NOT APPLY TO THE PROFESSIONAL STANDARD OF CARE OWED BY LICENSED CLINICIANS IN THE COURSE OF CLINICAL SERVICES, WHICH IS GOVERNED BY APPLICABLE LAW AND BY YOUR MEMBERSHIP AGREEMENT AND CLINICAL CONSENTS; SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.
You are responsible for implementing your own protections, including anti-virus measures and maintaining backups of any data.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SALUS AND ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES OR YOUR USE OF OR INABILITY TO USE THEM, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS OR THE AMOUNT YOU PAID TO SALUS FOR ACCESS TO THE SERVICES IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; THE PARTIES AGREE THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THE BARGAIN AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE; PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION LIMITS, WAIVES, OR RELEASES ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY PROFESSIONAL NEGLIGENCE IN THE DELIVERY OF CLINICAL SERVICES, FOR GROSS NEGLIGENCE, FOR FRAUD OR INTENTIONAL MISCONDUCT, OR FOR ANY OTHER LIABILITY THAT MAY NOT LAWFULLY BE LIMITED, AND HEALTH CARE LIABILITY CLAIMS REMAIN GOVERNED BY APPLICABLE LAW, INCLUDING CHAPTER 74 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE WHERE IT APPLIES, AND BY YOUR MEMBERSHIP AGREEMENT AND CLINICAL CONSENTS; SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.
16. Indemnification
You agree to defend, indemnify, and hold harmless Salus and its affiliates, members, managers, officers, employees, agents, licensors, and service providers from and against all claims, demands, damages, liabilities, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your breach of these Terms, your misuse of the Services, any material you submit, or your violation of any law or the rights of any third party.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate with our defense. You may not settle any matter without our prior written consent.
17. Dispute Resolution
17.1 Informal Resolution First
Before initiating any proceeding, you agree to notify us in writing at legal@salusclinical.com describing the dispute and the relief sought, and to allow thirty days for the parties to negotiate in good faith. Notice is a condition precedent to commencing arbitration or litigation. Any applicable limitations period is tolled during this period.
17.2 Binding Arbitration
Except as provided in Sections 17.6 and 17.7, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, before a single arbitrator. The seat of arbitration is Austin, Texas, and the proceeding may be conducted by videoconference or on documents where the rules permit. The arbitrator’s award is final and may be entered in any court of competent jurisdiction. The proceedings and award are confidential.
The arbitrator has exclusive authority to resolve questions of arbitrability, including the scope, enforceability, and formation of this provision, except that a court decides whether Section 17.3 is enforceable.
17.3 Class Action and Jury Trial Waiver
YOU AND SALUS EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
All disputes will be resolved solely on an individual basis. The arbitrator may not consolidate claims or preside over any representative proceeding. If this waiver is found unenforceable as to any claim, that claim will be severed and heard in court, and the remaining claims will proceed in arbitration.
17.4 Right to Opt Out of Arbitration
You may opt out of Section 17.2 and Section 17.3 by sending written notice to legal@salusclinical.com within thirty days after you first accept these Terms, stating your name and your intent to opt out. Opting out will not affect any other provision of these Terms and will not affect your relationship with Salus in any other respect.
17.5 Costs
Payment of filing, administration, and arbitrator fees is governed by the AAA rules. Where those rules or applicable law would make the cost of arbitration prohibitive relative to litigation, we will pay the portion the arbitrator determines is necessary to prevent that result.
17.6 Exceptions for Injunctive and Intellectual Property Claims
Either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or to prevent unauthorized access to the Services, without first proceeding under Sections 17.1 through 17.3.
17.7 Health Care Liability Claims Are Excluded
Health care liability claims are not subject to arbitration under these Terms. This includes any claim against a physician or health care provider for treatment, lack of treatment, or a departure from accepted standards of medical care, health care, or safety, whether sounding in tort or contract, including any claim that constitutes a health care liability claim under Chapter 74 of the Texas Civil Practice and Remedies Code.
Such claims are governed by applicable law and by your Membership Agreement and clinical consents. Nothing in these Terms requires you to arbitrate a health care liability claim, and nothing here constitutes an agreement to arbitrate such a claim.
18. Limitation of Time to Bring Claims
Any claim arising out of or relating to these Terms or the Services must be brought within one year after the claim accrues, or it is permanently barred, except where a longer period is required by applicable law and may not be shortened by agreement. This Section 18 does not apply to health care liability claims.
19. Governing Law and Venue
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Texas, without regard to conflict-of-laws principles, except that nothing in this provision limits or waives any right, protection, or remedy afforded to you under the health privacy, medical records, health care liability, or consumer protection laws of your state of residence, which apply to the extent they cannot lawfully be waived by agreement.
Subject to Section 17, you consent to exclusive personal jurisdiction and venue in the state and federal courts located in Travis County, Texas, and waive any objection to that forum.
20. Termination
We may suspend or terminate your access to the Services at any time, with or without cause and with or without notice. Termination of Site access does not itself terminate your Membership Agreement, which has its own termination provisions.
All provisions that by their nature should survive termination will survive, including Sections 9, 10, and 14 through 22.
21. Copyright Complaints
If you believe content available through the Services infringes your copyright, send a notice under the Digital Millennium Copyright Act, 17 U.S.C. Section 512, to our designated agent below, including: your physical or electronic signature; identification of the work claimed to be infringed; identification of the material claimed to be infringing and its location; your name, address, telephone number, and email address; a statement of good faith belief that the use is not authorized; a statement that the information is accurate; and a statement, under penalty of perjury, that you are authorized to act for the copyright owner.
Designated Agent
Salus Clinical PLLC
Attn: Legal Department
100 Congress Avenue
Austin, Texas 78701
legal@salusclinical.com
A counter notification may be submitted to the same agent and must contain the elements required by Section 512(g). Knowingly making a material misrepresentation in a notice or counter notification may result in liability for damages under Section 512(f). It is our policy to terminate the accounts of repeat infringers in appropriate circumstances.
22. General
Changes to These Terms. We may revise these Terms at any time by posting the revised version with an updated effective date. Material changes will be preceded by notice by email or prominent notice through the Services. Changes are effective upon posting and apply to use of the Services thereafter. Material changes to Section 17 will not apply retroactively to disputes of which we have received notice before the change. Your continued use of the Services constitutes acceptance.
Geographic Restriction. The Services are intended for use only by persons located in the United States. If you access the Services from elsewhere, you do so on your own initiative and are responsible for compliance with local law.
Assignment. You may not assign these Terms without our prior written consent. We may assign them, in whole or in part, without restriction, including in connection with a merger, financing, reorganization, or sale of assets.
No Affiliation. You agree not to represent that you are sponsored by, affiliated with, endorsed by, or in partnership with Salus.
Notices. We may deliver notices to you by email to the address on file, by posting through the Services, or by mail. Notices to us must be sent to legal@salusclinical.com and to the address in Section 21.
Force Majeure. We are not liable for any failure or delay caused by circumstances beyond our reasonable control.
Severability, Waiver, and Entire Agreement. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will continue in full effect. No failure or delay in exercising any right operates as a waiver. These Terms, together with the Privacy Policy and, where applicable, the Notice of Privacy Practices and your Membership Agreement, constitute the entire agreement regarding the Services and supersede all prior understandings, subject to the order of precedence in Section 3.
Interpretation. Headings are for convenience only. “Including” means “including without limitation.” The English version controls over any translation.
23. Contact
Salus Clinical PLLC
Attn: Legal Department
100 Congress Avenue
Austin, Texas 78701
Legal, disputes, and general inquiries: legal@salusclinical.com
← Return to Salus