MERCHANT, PRIVACY, AND LEGAL DISCLAIMERS
DISCLAIMER
These statements have not been evaluated by the F.D.A. Health by Design offers Chiropractic care under the license of Dr. Kristy Harvell, DC. Other non-chiropractic services offered are not medical procedures or services, nor do they elude to diagnose, treat, cure, prevent any disease or make any medical claims. Non-chiropractic services offered by Health by Design do not supplant competent medical care, nor does it dissuade anyone from seeking competent medical attention for any injury, illness, or other physical condition. Patients are encouraged to seek advice from their primary care physician before beginning any new exercise, dietary or nutritional program. The patient and any other person responsible for payment has the right to refuse to pay, cancel payment, or be reimbursed for payment for any other service, examination, or treatment which is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted or reduced fee services, examination or treatment. Failure to cancel a service appointment within 24 business hours of the scheduled appointment will result in a charge of the cost of the appointment.
DEFINITIONS:
"Products" - Items offered that are for external use only and are not considered a dietary supplement.
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"Supplements" - Items offered that are for internal/external use and are considered a dietary supplement.
“Non-Chiropractic Services” refer to all the other non-medical services that Health by Design offers including but not limited to Nutrition Response Testing®, Nutrition Coaching, BEMER, Ionic Footbaths, etc.
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GENERAL AND ONLINE PATIENT AGREEMENT
I request that I be allowed to participate in Health by Design's Online and/or in-office General Nutrition Patient Program, a program that allows me to purchase supplements.
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I authorize Dr. Kristy Harvell and/or her associates to supply general nutrition not related to nor for the handling of any symptoms, conditions, diagnosis, and/or to treat or cure any illness or disease. This includes but is not limited to conditions of cancer, AIDS, infections, or any/all other medical conditions.
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I understand that no, guarantee or health improvement will be made regarding any recommendation or statement from any article, employee, or educational material from Dr. Kristy Harvell and/or her associates. I will not hold, Dr. Kristy Harvell, her associates, her LLC, or any of its direct or indirect; associates, affiliates, representatives, and/or vendors, liable for any situation regarding my body or health, and any purchase from Health by Design.
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I understand that if my health situation does not improve, I am always eligible to participate in Dr. Kristy Harvell and/or her associates Personalized Natural Health Improvement Programs to get at the root cause of my health situation(s) and correct them once and for all.
I understand that my information will be kept secure in keeping with Health by Design’s PRIVACY POLICY & HIPPA STATEMENT.
I have read and understood the foregoing and agree to Health by Design’s full disclaimer at https://www.healthbydesignfl.com/merchant-privacy-and-legal-policies this gives my consent and applies to all previous paragraphs and any/all future transactions with Dr. Kristy Harvell of any kind.
RIGHT TO REFUSE SERVICE: If we determine for any reason that you are not a good candidate for Health by Design Services, or should not continue Health by Design Services, one of our staff members will discuss these reasons with you at your appointment or notify you via phone. In the case of being refused, continued services, and a package(s) have been pre-purchased, any remaining package sessions will be refunded to you at the prorated amount.
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Diet and Health Release
Because some of the information on the Service may relate to modifications to your diet, you agree to use your good judgment and reasonable care, including seeking counsel from your healthcare providers, prior to making any changes to your diet or lifestyle. No information on the Service is intended as medical or healthcare information or advice. Please consult your healthcare professional(s) regarding all matters related to your diet and health, including without limitation herbal and nutritional supplements or products. You agree not to rely on any information on the Service to make health-related decisions.
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Supplement Liability Clause
While we carry Standard Process, Systemic Formulas, Energetix, MarcoPharma, and a variety of other supplements and products, neither Dr. Kristy Harvell nor any third party associated with, related to, or linked to Dr. Kristy Harvell, her practice, LLC, or website is in any way affiliated with any aforementioned company. These companies also expressly disclaim any liability, malpractice, or legal responsibility for, and make no representations or warranties regarding, any statement, advice, consult, information, materials, or content found on or included in Dr. Kristy Harvell's office, marketing materials/website, or any third party marketing materials/websites related to, associated with or linked to Dr. Kristy Harvell's chiropractic license, the scope of practice, business or website. All supplements sold are dietary supplements and are not intended to diagnose, treat, cure, or prevent any disease. All Non-Internal products are also not intended to diagnose, treat, cure, or prevent any disease.
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CONDITIONS OF USE
KRISTY HARVELL, DC AKA HEALTH BY DESIGN, PLLC TERMS Effective January 1, 2020.
Health by Design, PLLC (with its affiliates, "Dr. Kristy Harvell," “Affiliates,” “we,” “our,” or “us”) distributes and sells and provides supplements, products, and products and services to you when you visit or shop on our websites or at our stores, use our mobile applications, or use software we provide in connection with any of the foregoing (collectively, the “Service”). These Service Terms (as they may be changed over time, the “Terms”) govern your use of the Service. By using the Service you accept the Terms, so read them all carefully. If you do not agree, do not use the Service and uninstall our applications.
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In some instances, both the Terms and separate terms will apply to your use of the Service (“Additional Terms”) and will become part of the Terms. To the extent there is a conflict between Additional Terms and any other terms, the Additional Terms will control unless they expressly state otherwise.
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Notice and Procedure for Making Claims of Intellectual Property Infringement
If you believe that your intellectual property rights have been infringed, you may submit a written claim to our Copyright Agent by email to info@healthbydesignfl.com
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Written claims concerning copyright infringement must include the following information:
· A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on the site;
· Your address, telephone number, and e-mail address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed upon.
Disputes: Arbitration, No Class Action, Jury Waiver
Any dispute or claim relating in any way to these Terms or your use of the Service, or to any supplements, products or services sold or distributed by us will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Service Terms as a court would.
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To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent and sent to the Health by Design mailing address, 2002 Southside Service Rd, Jacksonville, FL 32216. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed to location.
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We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or another misuse of intellectual property rights.
How to Serve a Subpoena or Other Legal Process
Subpoenas or other legal processes may be served by sending them to the appropriate office. If you do not know the appropriate office, please contact the office of your Secretary of State.
Please note also that providing detailed and accurate information at the outset will facilitate the efficient processing of your request. That information will include, for example, e-mail and/or credit card numbers used to make purchases for retail purchase information and IP address and complete time stamps.
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PRIVACY POLICY & HIPPA STATEMENT
Dr. Kristy Harvell is dedicated to ensuring the privacy of your protected health information (PHI). Dr. Kristy Harvell is required by law to provide you with this Notice of Privacy Practices and to inform you of your rights, and our obligations, concerning your PHI. We are required to follow the privacy practices described below while this Notice is in effect. The terms of this Notice apply to the following entities owned and operated by Dr. Kristy Harvell which will be referred to in this Notice as the Center’s healthcare facilities.
Uses and Disclosures of Your PHI
Treatment
We may disclose your PHI to another Center healthcare facility and/or healthcare provider, transport company, community agency, family member, or another third party to provide and/or coordinate health care services and treatments.
Payment
We may use and/or disclose your PHI to bill and obtain payment for treatment and/or services you receive at the Center’s healthcare facilities.
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Health Care Operations
We may use and disclose your PHI in connection with our healthcare operations. Healthcare operations include, but are not limited to; clinical education, quality assessment, and improvement activities reviewing the competence or qualifications of healthcare professionals, evaluating practitioner and provider performance.
Business Associates
We may disclose your PHI to businesses performing services for the Center such as processing claims, data analysis, billing, benefit management, practice management, re-pricing, and legal assistance. We will have a written contract in place with the business associate requiring the protection of the privacy and security of your health information.
Appointment Reminders
We may contact you to remind you that you have an appointment at one of the Center’s healthcare facilities.
Individuals Involved in Your Care or Payment
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Unless there is a specific request made to and agreed to by the Privacy Officer at your location/facility, we may disclose PHI to a person who is involved in your health care or helps pay for your care, such as a family member or friend to facilitate that person’s involvement in caring for you or in payment for your care.
Disaster Relief Efforts
We may disclose your PHI to an entity assisting in a disaster relief effort so your family can be notified about your condition, status and location.
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Research
The Center is committed to researching and advancing knowledge in the field of chiropractic. Research studies involving PHI and conducted at or by the Center must be approved through a special review process to protect patient safety, welfare and confidentiality. Disclosure of your PHI for research purposes will not occur without your consent.
As required by law
We will disclose health information about you when required to do so by federal or state law.
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To Avert a Serious Threat to Health or Safety
We may use and disclose your PHI when necessary to prevent or lessen a serious and imminent threat to your health and safety or the health and safety of the public or another person. Any disclosure would be to someone able to help stop or reduce the threat.
Public Health Purposes
We may use or disclose your PHI when we are required to do so by law, for public health reasons, including, but not limited to:
Reporting certain communicable diseases to health officials;
Reporting child abuse or neglect;
Reporting elder abuse, neglect or exploitation.
Lawsuits and Other Legal actions
We may disclose PHI in response to judicial proceedings and law enforcement inquiries as permitted by law. We may also disclose PHI in response to a subpoena, discovery request, warrant, summons, or other lawful processes.
Worker’s Compensation
We may disclose PHI as necessary for workers' compensation or similar programs that provide benefits for work-related injuries or illness, as authorized or required by law.
Health-oversight activities
We may disclose PHI to governmental, licensing, auditing, and accrediting agencies as authorized or required by law.
Organ Donation
If you are an organ donor, we may disclose your PHI to organizations involved in procuring, banking, or transplanting organs and tissues.
Military and Veterans
If you are or were a member of the armed forces, we may release PHI about you to military command authorities as authorized or required by law.
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National Security, Intelligence Activities and Protected Services
Under certain circumstances, we may disclose PHI to military authorities and to authorized federal officials’ PHI required for lawful intelligence, counterintelligence, and other national security activities.
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Special Protections for HIV, Alcohol and Substance Abuse, Mental Health and Genetic Information
Special privacy protections apply to HIV-related information, alcohol and substance abuse treatment information, mental PHI, and genetic information. This means that parts of this Notice may not apply to these types of information because stricter privacy requirements may apply. If your treatment involves this information, you may contact the Privacy Officer at your location/ facility to ask about special protections.
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Inmates
Under certain circumstances, we may disclose PHI relating to inmates or patients to correctional institutions or law enforcement personnel having lawful custody of those individuals.
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Other Uses of PHI
Other uses and disclosures of PHI not covered by this Notice or that laws that apply to us will be made only with your written authorization
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Your Rights - Access to your PHI
You have the right to access, inspect, and/or receive paper and/or electronic copies of the PHI that we maintain about you, with limited exceptions. The Center provides to an individual, upon written request, access within 30 calendar days of the day the Center receives a request, to inspect and/or copy their PHI
If you request paper copies, we will charge you our standard copying fee for each page, and postage if you want the copies mailed to you. If you request an alternative format, we will charge a reasonable cost-based fee for providing your PHI in that format. If you prefer, we will prepare a summary or an explanation of your PHI for a fee.
Contact us using the information listed at the end of this Notice if you are interested in receiving a summary of your information instead of copies.
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Restrictions on Use and Disclosure of Your PHI
You have the right to request that we place additional restrictions on our use or disclosure of your PHI for treatment, payment and healthcare operations purposes. Depending on the circumstances of your request we may, or may not agree to those restrictions. If we do agree to your requested restrictions we must abide by those restrictions, except in emergency treatment scenarios.
Amendments to your Records
You have the right to request that we amend your PHI. Such requests must be made in writing and must explain why the information should be amended. We are not obligated to make all requested amendments but will give each request careful consideration. All amendment requests, in order to be considered by us, must be in writing and signed by you or your representative and must state the reasons for the amendment’s correction request. If an amendment or correction you request is made by us, we may also notify others who work with us and have copies of the uncorrected record if we believe that such notification is necessary. Please note that even if we accept your request, we may not delete any information already documented in your health records.
Contact us using the information listed at the end of this Notice if you are interested in receiving a summary of your information instead of copies.
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Accounting of Disclosures
Upon written request, you have the right to receive a list of instances in which we or our business associates disclosed your PHI for purposes, other than treatment, payment, healthcare operations and other activities authorized by you, for the last 6 years. If you request this accounting more than once in a 12-month period, we may charge you a reasonable, cost-based fee for responding to these additional requests.
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Confidential Communications
You have the right to request that we communicate with you about your PHI by alternative means or to alternative locations (e.g., at your place of business rather than at your home). Such requests must be made in writing, must specify the alternative means or location, and must provide a satisfactory explanation how communication should be handled under the alternative means or location you request.
Changes to this Notice
We reserve the right to change this Notice and the privacy practices described below at any time in accordance with applicable law. Prior to making significant changes to our privacy practices, we will alter this Notice to reflect the changes, and make the revised Notice available to you on request. Any changes we make to our privacy practices and/or this Notice may be applicable to PHI created or received by us prior to the date of the changes.
Complaints
If you are concerned that we may have violated your privacy rights, or you disagree with a decision we made or any decisions we may make regarding the use, disclosure, or access to your health information you may make a formal complaint in writing to the Compliance Officer and/or the Privacy Officer at your location/ facility listed below. You also may submit a written complaint to the U.S. Department of Health and Human Services in Washington D.C. All complaints must be made in writing and in no way will affect the quality of care you receive at the Center’s healthcare facilities.
Breach Notification
We are required to notify you in writing of any breach of your secured PHI as soon as possible, but in any event, no later than 60 days after we discover it.
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Paper Copy of this Notice
You have the right to a paper copy of this Notice. You may ask us to give you a copy of this Notice at any time. Even if you receive this Notice electronically, you are still entitled to a paper copy.
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HIPAA Statement
The Center will identify and evaluate the likelihood and consequences of threats to the security of Protected Health Information and implement reasonable and appropriate measures to safeguard the confidentiality, availability, and integrity of that information. Dr. Kristy Harvell will adopt and implement HIPAA security practices outlined in the approved HIPAA Security Procedures.
This policy applies to all members of Dr. Kristy Harvell’s workforce, along with all independent contractors who provide services that require access to clinic buildings or Dr. Kristy Harvell's computer network. They will be required to adhere to the policies and procedures in the HIPAA Security Procedures, as well as any procedures established to support this policy.
Dr. Kristy Harvell will safeguard information in a manner consistent with applicable requirements of federal, state and local law and regulations, including the final rule governing the security of health information systems enacted by the Department of Health and Human Services as required by HIPAA.
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Any communication received may contain CONFIDENTIAL information, including PROTECTED HEALTH INFORMATION. In keeping with HIPPA, if you are not the intended recipient, any use or disclosure of this information is STRICTLY PROHIBITED; you are required to delete the communication and any attachments and notify the sender immediately.
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Privacy Notice
This privacy notice discloses the privacy practices for www.healthbydesignfl.com This privacy notice applies solely to information collected by this website. It will notify you of the following:
1. What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.
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Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contacts from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
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Your Access to and Control Over Information
You may opt-out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
· See what data we have about you if any.
· Change/correct any data we have about you.
· Have us delete any data we have about you.
· Express any concern you have about our use of your data.
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Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 904-363-3374 or info@healthbydesign.com
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Health by Design Merchant Privacy Statement: Security and Privacy Policies
Health by Design (Merchant) protects your information over the Internet by using a secure Web server, which allows Web browsers (e.g., Netscape or Microsoft Internet Explorer) to interact with Merchants' Web server via an encrypted session. Merchant employs a Secure Socket Layer (SSL) connection that provides an encrypted connection between your computer(s) and Merchant’s Web servers. The 128-bit encrypted connection scrambles ordinary text or data into cipher text to safeguard sensitive information during its journey across the Internet. The information is decrypted or put back into a readable format when it reaches its intended destination.
You will know you are in a secure area by the presence of "https" in the address link or a lock that appears on the bottom of your screen. The exact position of the lock depends upon which internet browser you are using. When you visit our web site, you may move in and out of secure areas. Any time you are on a registration page or viewing a credit report, you will be in a secure area. Additionally, Merchant restricts access to the information you provide only to those employees who need to know such information to provide and process the information you have requested or to investigate matters you have requested to be investigated. Merchant maintains physical, electronic, and procedural safeguards to guard your information.
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Merchant Privacy Policy
When visiting this Web site, the Merchant’s Web server will collect and store the following information:
The name of the domain from which you access the Internet
The date and time you access this site
The Internet address of the Web site from which you linked directly to this site
This information is used for security and to measure the number of users to this site. If you provide identifying information on the Merchant’s website, the Merchant will use this information to process your request. The information will then be retained in the Merchant’s customer records for billing and contact purposes. If you provide a contact e-mail address, you'll receive emails concerning your purchases and/or subscriptions and inquiries. You will also receive occasional e-mails from the Merchant about products or other related information. You may opt-out of receiving emails by clicking on “unsubscribe” located on the email. Your name and shipping address will be shared with the United States Postal Service for the purposes of shipping your purchases. We do not sell or share your personal information to 3rd parties for solicitations or any other purposes.
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Your Account
We may require that you create an account to make changes, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
REFUND/RETURN POLICIES
REFUND/RETURN POLICY:
ITEMS PURCHASED ON THE HEALTH BY DESIGN WEBSITE OR IN OFFICE If you should for any reason need to return a supplement or other product, please contact our customer service department at info@healthbydesignfl.com or by calling (904) 363-3374. We will be happy to accept back any unopened, undamaged, unused products within 30 days of purchase and refund your purchase price (minus shipping and handling). If you have opened, used, or damaged the product, we cannot refund your purchase. If the product has a manufacturer's defect, Health by Design will be happy to replace the item at no charge. We will NOT accept any returns beyond the 30-day purchase date. Refunds are provided via the payment method/card/account used at the time of purchase.
HEALTH BY DESIGN SERVICES PACKAGES: We do not refund money for services already rendered. If you have purchased a package of services and are circumstantially unable to use the package, please contact Health by Design and refunds will be assessed on a case by case basis.
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SALES AND PROMOTIONS
All purchases on sale items are final. Discounts, Coupons and Promotions are for products only based on our definition in Paragraph 2 "DEFINITIONS."
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SHIPPING POLICIES
Shipping Policies
When you place an order with Health by Design, we will have to confirm the availability of that item before this item can be shipped to you. Please provide us 48 business hours from the time of order to complete this processing. You will be notified via email if there is an availability issue with your item. If we have your item in stock, we will ship it to you within 48 business hours of receipt of the order. At that time, we will email you your tracking number, which will provide you with an estimate of when your package will arrive.
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All orders are processed within 1 to 2 business days (excluding Friday, Saturday, Sunday, and holidays) after receiving your order. You will receive a notification with a tracking number when your order has shipped. There are always potential delays due to a time of year (weather or Christmas holiday) or postal service problems that are outside of our control.
Domestic Shipping Rates and Estimates
For shipping, we offer $17 flat rate shipping to U.S addresses for orders $100 and below. For orders $101 and up, we offer a flat rate shipping charge of $24. We only ship via US Postal Service.
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Shipping option 1 for U.S domestic addresses only for orders $100 and below
3 to 5 business days
$17
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Shipping option 2 for U.S. domestic addresses only for orders $101 and up
3 to 5 business days
$24
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Local delivery
We do not offer local delivery
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In-store pick up
You can skip the shipping fees with free local pickup at Health by Design. After placing your order and selecting local pickup at checkout, your order will be prepared and ready for pick up within 2 business days if your item is in stock. DO NOT COME TO PICK THE ITEM UP UNTIL YOU CONFIRM IT IS READY. We will send you an email when your order is ready along with instructions.
Our in-store pickup hours are Monday through Thursday from 9am-1pm and 3pm to 6pm (not including holidays). Please have your order confirmation email with you when you come.
International Shipping
We do not offer international shipping.
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How do I check the status of my order?
When your order has shipped, you will receive an email notification from us which will include a tracking number you can use to check its status. Please allow 48 business hours for the tracking information to become available.
If you haven’t received your order within 6 days of receiving your shipping confirmation email, please track your package using the tracking number provided to you. If there is an issue with your package not arriving, please contact the USPS and inquire about your package.
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Shipping to P.O Boxes
USPS ships to all U.S P.O Boxes
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Contacting Us and Customer Service
If you have any concerns about Health by Design or your use of our Services, please contact us at:
Health by Design Fl
2002 Southside Service Rd
Jacksonville, FL 32216
904-363-3374
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TERMS OF SERVICE
HEALTH BY DESIGN, PLLC is a Registered Florida Place Limited Liability Company L15000056006
The Site and its original content, features, and functionality are owned by Health by Design, PLLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
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