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Defy Medical Terms of Service

Updated July 8, 2020

Please read the following Terms and Conditions carefully

The “Terms of Service” and “Privacy Policy” will govern our relationship and are a contract governed solely by Florida law.
Defy Medical, LLC requires that all visitors and Users, and Patients to services, therapies, treatments, sites, apps, API’s, content, and communications of Defy Medical, LLC (our “Services” and “Content”) adhere to the following terms and conditions of use. By accessing and using the Services, you agree, on your own behalf and on behalf of any party that you represent or for which you access the Services, to be bound by and comply with the following terms and conditions of use (these "Terms") and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use or access the Services.

Medical Emergencies

ELECTRONIC COMMUNICATION IS NOT APPROPRIATE FOR ALL HEALTH ISSUES, ESPECIALLY THOSE OF AN URGENT NATURE, AND DEFY MEDICAL, LLC SERVICES MAKES NO GUARANTEE OF ANY PARTICULAR RESPONSE TIME TO AN INQUIRY YOU MAY MAKE. ACCORDINGLY, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD NOT RELY ON THESE SERVICES FOR ASSISTANCE, BUT SHOULD INSTEAD SEEK APPROPRIATE EMERGENCY MEDICAL ASSISTANCE.

Insurance

Defy Medical, LLC does not accept insurance of any kind. You will be provided receipts for all Services purchased, but Defy Medical, LLC will not otherwise process or assist with claims, and will not contact any insurance company.

Lab Orders for Required Lab Work

Lab orders are valid for three (3) months from the date of purchase. If you do not use your lab order within this time period it expires, but can be renewed at no charge for an additional three (3) months if requested.

Refunds are only permitted prior to submission of specimens for testing. Lab orders are not eligible for a credit or refund solely because of the results.

Within ninety (90) days of purchase, a refund can be issued using the original payment method. 

Within ninety-one to one hundred eighty (91 to 180) days, a Defy Medical Store (DefyMedicalStore.com) credit will be issued upon request, minus a $25 processing fee.  Credits do not expire.

If you have an issue with your lab order, please let us try to help you first. Email us at [email protected] or call 813-445-7432 before you decide to cancel. Often it’s a simple fix to get things up and running for you again — we’re here to help.

Payment Methods and Charges/ Credit Card Authorization

By using our Services, you authorize Defy Medical, LLC to charge credit card(s) or other payment methods that we allow you to save electronically to your account for agreed upon Services. Your payment method(s) will only be charged at the time of purchase with your permission or at intervals for agreed upon Services with your permission.

Your payment methods will be saved to a secure vault that meets or exceeds payment industry security standards for the convenience of future transactions on your account.

You agree to maintain a valid payment method on your account.

Defy Medical, LLC may delay or withhold Services if payment is declined or if no payment method is available to charge on your account.

All sales are final. A credit may be issued on a case by case basis. Products ordered from a compounding pharmacy cannot be returned for any reason.

Credits and Refunds

Any errors resulting use of Services by Defy Medical, LLC, laboratories, pharmacies, or any third party may result in a credit saved to your account which may be used toward future purchases of Services.

Credits are only redeemable through Defy Medical, LLC.

Credits do not expire.

Credits do not have any fees.

Credits cannot be transferred.

Credits have no monetary value.

If you do not wish to purchase further Services, a refund back to the applicable payment method(s) may be issued in lieu of a credit.

Lab orders are not eligible for a credit or refund solely because of the results.

Appointments and Consultations are not eligible for a credit or refund solely because of the outcome, or because a prescription or treatment was not recommended or given.

Limitation of Liability

As partial consideration for your access to our Services, you agree that in no event will Defy Medical, LLC, its medical advisers, officers, directors, employees or its contractors, suppliers, pharmacies, content-providers and other similar entities, representatives and agents of each of the foregoing (collectively, our "Contractors"), be liable to you, any party that you represent, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Services or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive or illegal conduct of other users of the Services or of third parties; or (d) your purchase or use of any goods or services provided by third parties.

Under no circumstances will Defy Medical, LLC or our Contractors be liable to you, any party that you represent, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption and claims of third parties) arising out of or in connection with these Terms or the use of the Services or Content, or the transmission of information to or from the Services over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of Defy Medical, LLC and the Contractors will be limited in accordance with these Terms to the extent permitted by law.

Without limiting any of the foregoing, if Defy Medical, LLC or any of the Contractors is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Services, the Content, or your use of the Services, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.

Indemnification

You agree to defend and indemnify Defy Medical, LLC, and our officers, directors, employees, representatives and agents, against all claims, demands, suits or other proceedings and all resulting loss, damage, liability, cost and expense (including reasonable attorneys' fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through the Services; (b) your access to and use of the Services, the Content, and other materials, products, and services available on or through the Services; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, PIN or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.

Use of Trademarks and Service Marks

Except for any limited permission to use the trademarks or service marks as set forth in these Terms, you may not, without our express written permission, use any of Defy Medical, LLC trademarks or service marks for any other purpose.

Disclaimer

The use of the Services or Content by you is at your and sole risk. ACCORDINGLY, THE SERVICES AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, DEFY MEDICAL, LLC, ITS MEDICAL ADVISORS, SUPPLIERS, CONSULTANTS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIE SERVICES OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THAT THE USE OF THE SERVICES OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) THAT ANY DEFECTS IN THE SERVICES OR IN THE CONTENT WILL BE CORRECTED; OR (e) THAT THE SERVICES AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

Jurisdiction

These Terms will be construed and enforced in accordance with the laws of the State of Florida without regard to choose of law rules. Each of you and any party that you represent submits to personal jurisdiction in Florida, and any cause of action arising under these Terms or otherwise involving the Services or the Content will be brought exclusively in a court in Hillsborough County, Florida.

Waiver of Jury Trial

YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.

Sole Agreement

These Terms and the Privacy Policy, each of which may be revised and amended from time to time according to their respective terms represent the sole agreement for general use of and access to Services and Content. Specific Services or Content may include additional and separate requirements, terms, and agreements.

Entire Agreement

These Terms and the Privacy Policy, each of which may be revised and amended from time to time according to their respective terms represent the entire agreement with respect to your access to and use of the Services and Content. Specific Services or Content may include additional and separate requirements, terms, and agreements.

Assignment

These Terms do not confer any rights, remedies, or benefits upon any person, entity, or third party other than you.

We may assign our rights and duties under these Terms at any time to any third party without notice.

You may not assign or transfer these Terms without prior written consent from Defy Medical.

Severability

If any portion of these Terms which may include a term, clause, or provision is found or held to be invalid or unenforceable, that term, clause, or provision will be stricken and will not affect the validity or enforceability of any remaining Terms.

Our waiver of any breach of any term, clause, or provision of these Terms will not be a waiver of any preceding or subsequent breach thereof.

Termination

Discontinuation of use of the Services and the Content is your sole right and remedy for any dissatisfaction with the Services or the Content.

Defy Medical may terminate use of or access to Services or Content at any time and for any reason with or without notice.

Survival

Any terms, clauses, or provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to: limitation of our liability, indemnification, disclaimer, or use of trademarks) will continue in effect beyond any such termination or access to the Services and Content either indefinitely or to the maximum extent allowed by law.

No Joint Venture

Accepting these Terms and the access or use of any Services or Content does not constitute any partnership or joint venture between any parties and Defy Medical.

Changes to Terms

We may make changes, to these Terms at any time with or without notice.

We will make a best effort attempt to notify patients of changes to these Terms or the Privacy Policy as required by law.

Miscellaneous

Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, current, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

Possible evidence of activity or use of the Services for illegal purposes will be provided to law enforcement authorities.

Any call made to or received from Defy Medical is subject to recording for training, quality assurance purposes, or operation of Services and Content.

Medication Management

This agreement between the patient, Dr Saya and Defy Medical establishes guidelines and conditions required for the use of hormone replacement therapy (HRT) and general primary care involving DEA controlled or scheduled medications. Dr. Saya and the patient agrees that these guidelines and conditions are an essential factor in maintaining a successful patient/practitioner relationship. Adverse side effects and/or physical/psychological dependence may develop after repeated use of these medications and therefore, are prescribed with caution.

The patient accepts and agrees to the following conditions:

I understand that the medication(s) I have purchased are prescribed for me based on diagnosis derived from my submitted medical history, lab work, and physical exam. They are to be based exclusively for treatment of these diagnoses.

I will immediately report any adverse side effects related to the use of my medication to Defy Medical and discontinue use until advised to resume usage.

I will safeguard my medications from loss or theft.

I will not share, sell or trade my medication for money, goods or services.

I agree that I will use my medication at the prescribed rate and dosage and will keep the medications in its respected labeled container.

I will not attempt to obtain scheduled HRT medications illegally or from any other health care practitioner without disclosing my current medication usage. I understand that it is against the law to do so.

Clinical Procedures

If under the age of 21 a parent or guardian must also sign.

The number of patients we see is limited by appointment only. Missed appointments cause additional expense and inconvenience other patients. In-Office and Tele-med appointments that are cancelled less than 24 hours in advance may be subject to pay the full cost of the consult fee. Patients who do not show up to their appointment (In-office or Tele-med) without prior notification will be subject to pay the full cost of the consult fee. All fees must be paid in full before the patient’s next appointment.

Most health insurance companies typically do not provide coverage for medically monitored weight-loss and Bio-Identical Hormone Therapy. Therefore, we do not take any form of payment from third party companies and all services must be paid for at the time the services are rendered by cash, check or credit card.

I understand that if I choose to file a claim with a third-party insurance, Defy Medical will provide receipts of transaction but should not be expected to take further action.

If my treatment includes prescription medications (hormones, appetite suppressants) I will carefully follow instructions given and notify the Practitioner of any change in my medical history (esp. for heart or blood pressure problems) and not resell the medication nor will I share it with any friend or family member, EVER. I will not visit other Practitioners for the purpose of obtaining additional or duplicate medication of the same type.

I understand any treatments rendered through Defy Medical are solely for the purpose of hormone balancing/restoration, body-fat reduction, and preventative medicine. We are not capable of serving as your primary care facility. If I become ill, I should contact my personal Practitioner or visit an urgent care facility. If I become ill, I will discontinue any diet or weight loss medication from this clinic until it is determined safe to resume.

I will consult my primary care Practitioner and/or endocrinologist to encourage and facilitate Practitioner communication regarding my treatments.

I understand I will not be refunded for any lab orders or appointments once the service is provided, even if I do not qualify for any treatment.

I understand I will not receive a refund for any medications or supplies once they are dispensed from the pharmacy. Once medications leave the pharmacy, they cannot be returned.

I understand I will only receive a prescription when medically necessary and that I do not automatically qualify for Testosterone Therapy upon my initial assessment. Obtaining a prescription is always at the discretion of the Practitioner and is determined based on medical assessment and a diagnosis.

I understand that all medication refill requests must first be reviewed and approved by the Practitioner. The patient MUST be in compliance with the practitioner’s treatment plan; including blood work, physical exams and consultations, in order to receive refills. A follow up appointment may be required prior to approving medication refills.

I understand that restoring and balancing hormones accurately requires follow up blood work and monitoring. These follow ups may require additional cost for the patient. If I fail to complete requested follow-ups, I understand that my Practitioner at his/her discretion, will discontinue my therapy until requested follow-up is completed.

I have been advised and do understand all the risks and possible complications of BHRT, as well as noncompliance with the Practitioner’s recommended dosage. I further agree to administer all medications as directed by the Practitioner.

I agree to immediately report to the Practitioner any adverse reactions or problems, of whatever nature, whether said matters relate to BHRT treatment or not.

I understand that if I am an out of state patient, I will provide current and updated Physical exams annually or as otherwise requested, to continue treatment.

I understand that NO PRESCRIPTION WILL BE PROVIDED UNLESS A CLINICAL NEED EXISTS BASED ON REQUIRED LAB WORK, PRACTITIONER CONSULTATION, PHYSICAL EXAMINATION AND/OR CURRENT MEDICAL HISTORY. PLEASE NOTE, AGREEING TO LAB WORK AND PHYSICAL EXAM DOES NOT AUTOMATICALLY EQUATE TO CLINICAL NECESSITY AND A PRESCRIPTION.

I request and consent to the administration of BHRT and /or nutritional supplements by the Practitioners of Defy Medical for the purpose of restoring optimal levels, even where lab test results are within reference ranges for age and /or in circumstances where other medical organizations do not recommend the same.

MEN ONLY:
I do not hold any medical practitioner of Defy Medical responsible for performing prostate cancer screening, PSA tests and/or rectal exams. I will consult with my primary care Practitioner or urologist about them and provide all appropriate medical records and/or facilitate inter-Practitioner communication regarding such evaluations. I understand a decision about treatment may depend on this information.

Patient Compliance

Patients have a responsibility to adhere to requirements and protocols to receive the most effective care. Defy Medical reserves the right to withhold Services to patients who do not or will not meet compliance requirements. The patient compliance requirements in these Terms may be changed, extended, or waived by the Medical Director under circumstances such as the COVID19 pandemic as a whole or on a case by case basis at their discretion.

You agree to provide a valid, signed physical examination form for Defy Medical to include in your patient account at least once every 12 months or as documented by a Defy Medical provider in your treatment plan.

You agree to consult with a Defy Medical provider at least once every 6 months, or as documented by a Defy Medical provider in your treatment plan.

You agree to have any necessary or required lab testing performed as required by Defy Medical at least once every 6 months or as documented by a Defy Medical provider in your treatment plan.

You agree to refill and take any medications prescribed at the prescribed doses and frequencies as documented by a Defy Medical provider in your treatment plan.

Consent and Authorization for Electronic Communication

Email will be treated with the same level of privacy and confidentiality as written medical records.

Authorized staff may read email sent by you and may send email to you as necessary for Services. Emails may be routed to another authorized person when appropriate or necessary.

All non-marketing/newsletter emails sent from Defy Medical use current TLS encryption to secure the message so that it cannot be read by a third-party while being sent over networks including the internet. Many email providers such as Gmail and Office 365 now support automatic TLS encryption for every email that you send and receive. If your email provider does not support TLS encryption, then you will receive emails from Defy Medical containing a link to a secure portal to view and reply to messages.

All emails sent to us are encrypted once they reach our service providers, servers, and systems. If your email provider does not support TLS encryption, then your message may not be secured and may be viewed by another party before it reaches our systems.

You agree to maintain a valid and correct email address on file.

You agree not to use email communications for a medical emergency, crisis, or other health issue of an urgent nature.

You agree that all emails sent to Defy Medical are addressed correctly and that they only contain the intended recipients. Defy Medical is not responsible for emails addressed incorrectly or for sending communications to an incorrect email address on file.

You acknowledge and agree that you assume all responsibility and risk in the privacy and security of any email that is sent to Defy Medical from an email provider that does not support TLS encryption whether known or unknown to you or Defy Medical.

You consent to sending and receiving non-secure electronic communications if there is no secure alternative option available using the same medium to communicate with you which may include non-secure email instead of TLS encrypted email.

You acknowledge that copies of emails sent from you or emails sent to you may be archived as a part of your patient account or medical record.

You agree to add [email protected] and [email protected] to your email provider’s approved / safe senders list. This will prevent important email from being incorrectly marked as spam or junk email because of attachments such as receipts, instructions, or lab results.

You make revoke consent to communicate electronically by notifying Defy Medical in writing. Revoking consent will not have any effect on actions or communications that Defy Medical has already taken in reliance on your consent.

If you have questions about electronic communication, please email [email protected].