Terms of Use

Terms & Condition

Thank you for visiting this website powered by Next Health (the "Site").. We want each visitor to the Site ("you") to have a safe, pleasurable visit, so we have established the following terms and conditions so that we (we and you) know what to expect from each other. By using the Site you agree to be bound by the terms set forth herein. We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.

YOUR ACCOUNT OBLIGATIONS

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you is subject to our privacy policy.

YOUR CONDUCT

Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

COPYRIGHTS

Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with NextHealth.org or using this Web site as a shopping resource. Any other use of materials on this Web site;including reproduction for purposes other than those noted above, modification, distribution, or republication;without the prior written permission of NextHealth.org, is strictly prohibited. All material and information presented by NextHealth.org is intended to be used for educational purposes only. The statements made about products have not been evaluated by the Food and Drug Administration (U.S.). They are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult with your own physician or health care practitioner regarding the suggestions and recommendations made at NextHealth.org.

DISCLAIMERS

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER WE, NOR OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.

THE SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US NOR OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE A WARRANTY.

All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals or any information contained on or in any product packaging or labels. Information about each product is taken from the labels of the products or from the manufacturer's advertising material. NextHealth.org is not responsible for any statements or claims that various manufacturers make about their products. We cannot be held responsible for typographical errors or product formulation changes. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THE SITE FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON THE SITE. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN AND MEDICAL ADVISORS. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

Further, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site from third parties not associated with us. We encourage discretion when browsing the Internet using our or anyone else's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

OUR RIGHTS

We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site.

Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.

LINKS TO THIRD PARTY SITES

Occasionally, we may make available a link to a third party's website. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.

SUBMISSIONS

We are pleased to hear from our customers and welcome your comments regarding our products, including the Site. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.

APPLICABLE LAW

We control the Site from our offices within the United States of America. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of Washington, without reference to its choice of law provisions.

GENERAL INFORMATION

These Terms of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after.

Age Limit

This Site is Intended for Adult Use Only

This “Site” (as defined herein) is operated by Next Health, LLC on its own behalf or in combination with one of its affiliates (collectively referred to herein, solely for ease of reference, as “Next Health”, “us” or “we”). This privacy policy (“Privacy Policy”) applies to your use of our website located at http://nexthealth.org and any other online and mobile websites, blogs and interactive applications operated by Next Health that are related to http://nexthealth.org (collectively, the “Site”) (unless a different policy is provided on a particular site or application, in which case such different policy shall govern and control).

This Privacy Policy discloses what type of information is collected, the methods used to collect it, how Next Health utilizes the information to better serve all interested parties and the choices you have about the way your information is collected and used. Please read this Privacy Policy carefully. Your use of the Site indicates that you have read, accepted and unconditionally agreed to the Next Health privacy practices, as outlined in this Privacy Policy and any other applicable terms. The Terms of Service for this Site, located at http://nexthealth.org are incorporated herein by this reference. For purposes of this Privacy Policy, personally identifiable information (“PII”) is personal information about an individual, such as a first and last name, phone number or email address or other individually identifiable information within the meaning of the Federal Trade Commission’s Online Privacy Protection Rule found at 16 CFR 312.2. Every user hereby agrees that all information you provide, including but not limited to age, shall be truthful and correct.

Children

We recognize the importance of safeguarding the privacy of children and encourage parents to check and monitor their children’s use of online activities regularly. The Site supports and complies with the Children’s Online Privacy Protection Act (“COPPA”) and other applicable laws. The Site is not aimed at nor intended for children under the age of 18. If you are under the age of 18, please do not use the Site. If Next Health discovers that a person under the age of 18 has provided Next Health with any PII, Next Health will use commercially reasonable efforts to delete such person’s PII from its system.

Shipping

Fulfillment

Orders are fulfilled Monday through Friday during normal business hours (9:30 am to 5 pm EST). Most orders will ship the same day when placed by 12 noon EST (Eastern Standard Time) on a regular business day.

Orders placed after 12 noon EST on Fridays or days preceding observed holidays will not be shipped until the next business day (after the weekend or holiday).

Please note that orders placed using Overnight Shipping must be placed by 10 am EST for same-day processing with this shipping method.

Shipping during peak time may be delayed, and Seeking Health is not responsible for shipping/delivery due to adverse weather conditions or other unforeseen circumstances.

For your protection and ours, it's important to be sure that credit cards are being used by their rightful owners. As a first time customer, it's possible that we may need additional information to verify that you are the account holder. Our customer service team will request additional information if needed. Watch for an email from this address: info@nexthealth.com.

Shipping Rates

Shipping rates vary based on order weight, destination, and shipping method.

Shipping Methods (Domestic Orders Only)

Method

Estimated Shipping Timeline

Free Shipping (Carrier May Vary)

5-8 Business Days

USPS

 

First-Class Mail Parcel

2-4 Business Days

Priority Mail

2-3 Business Days

Ground

2-5 Business Days

FedEx

 

Ground

5-7 Business Days

Express Saver

3 Business Days

2 Day

2 Business Days

Standard Overnight

Next Business Day Delivery by 3 pm to most locations*. Orders placed on Friday will be delivered on Monday. Orders must be placed by 10 am PST for same-day processing with overnight shipping.

* Residential and remote/rural locations may take additional time for delivery, allow until 8 pm for overnight delivery to remote locations.

Estimated shipping timelines begin once the order has shipped, and do not include delays in fulfilment due to weekends or holidays. For example, it will take up to two business days after an item ships to reach you with 2 Day Shipping.

Estimated shipping timelines are estimations only. Inclement weather and other unforeseen circumstances may affect shipping times. Seeking Health is not responsible for delays in delivery due to these circumstances or carrier error.

Holidays

Packages are not shipped from the Seeking Health Fulfillment Center on:

  • New Year's Day
  • Independence Day
  • Thanksgiving
  • Memorial Day
  • Labor Day
  • Veterans Day
  • Christmas

USPS Shipping may be delayed on postal holidays in addition to those above:

  • Martin Luther King, Jr. Birthday (Third Monday in January)
  • Presidents Day (Third Monday in February)
  • Columbus Day (Second Monday in October)

Backorders

Next Health strives to ensure that all products are in stock and ready to ship out when you place your order. However, in the event of a stock outage, we will notify you of the backorder status of any of your ordered items. We are happy to send out any in-stock items you have ordered and ship the backordered item separately when it becomes available at no additional charge to you. If you prefer, we can also cancel and refund the backordered item or hold all items to ship together when the backordered item becomes available.

Please note that the Backorders Policy applies only to orders placed for out-of-stock items that appeared to be in stock at the time of purchase. The offer above does not apply to out-of-stock items displayed as out-of-stock at the time of purchase.

If an item is out of stock and you have not yet placed your order, we are happy to notify you via phone or e-mail once the item becomes available.

Lost or Stolen Packages

Next Health is not responsible for lost or stolen packages.

TIP

Use the tracking number in your shipment confirmation e-mail to keep an eye on your order after it has left the Next Health Fulfillment Center. Having trouble locating or using your tracking number? Contact our Support Team.

A lost package is one that was misdirected, misplaced or lost by the carrier, and is not delivered to the shipping address.

A stolen package is one that was delivered to the shipping address by the carrier, but is not physically received by the addressee.

Monitoring your order’s tracking and delivery status can help you ensure that your package is successfully received upon delivery.




Contest Rules

The following general rules apply to all Next Health contests and giveaways:

  • 01 Sponsor. The Contest is sponsored by Next Health, LLC. ("Next Health"), a Limited Liability Company with principal place of business at 44121 Harry Byrd Highway Suite 115 Ashburn, VA 20147. Additional sponsors, if any, will be identified separately.
  • 02 No purchase is necessary to enter. Contest is subject to applicable laws and is void where prohibited by law.
  • 03 Eligibility and Limitations. Unless otherwise specified, participants and winner(s) must be legal U.S. residents over the age of 21. By submitting an entry, all entrants to any contest agree to participate in the contest and obey the rules of the contest and all applicable law.
  • 04 Release of Liability. Next Health and any other contest Sponsors and their affiliated companies and their respective officers, directors and employees shall be released and discharged from any and all legal claims, losses, injuries, demands, damages, actions, and/or causes of actions which arise out of and/or are in any way related to the prize(s), the receipt, use and/or enjoyment of the prize(s) and/or damages or losses related to the contest.
  • 05Conditions/Restrictions. In exchange for the right to participate in the Contest, each participant agrees to release and indemnify Next Health and any additional Sponsor(s) and their officers, directors, agents, parent companies, subsidiaries and employees, from any and all claims, demands and/or causes of action of any nature or kind whatsoever, whether presently known or unknown, foreseen or unforeseen, that arise out of the participant's participation in the Contest. Any violation of these rules will result in disqualification. Anyone using fraudulent means to participate in and/or win the Contest will be subject to disqualification. Next Health is not responsible for technical, hardware, software or telephone or other transmission failures of any kind, lost or unavailable network connections or incomplete, garbled or delayed transmissions, regardless of cause. Next Health reserves the right, in its sole discretion, to cancel or suspend a promotion, game or contest should problem beyond the control of the Sponsor(s) corrupt the administration, security or proper execution of any promotion, game or contest.
  • 06 Contest Operation. Only one entry per person will be accepted unless otherwise specified. Participants must follow the prescribed rules of entry to be eligible to participate. Unless otherwise specified, winning entry(s) will be randomly selected from all valid entries received. Final determination of all winners will be made solely by Next Health. Any and all decisions made by Next Health staff are final. Odds of winning will depend on number of eligible entries. Unless otherwise specified, winner need not be present to win. If entry is illegible or does not supply all information deemed necessary to declare a winner, entry will be deemed invalid and another entry will be selected. For a list of winners, send a self-addressed, stamped envelope to Next Health, LLC. Attn: Promotions, 44121 Harry Byrd Highway Suite 115 Ashburn, VA 20147, within 30 days of the conclusion of the contest. Next Health is only required to provide the first name and last initial and city of residence of winner, upon valid request
  • 07Transferability/Substitution of Prize. Prize(s) have no cash value unless otherwise specified. Prizes may not be traded or transferred. All prizes are offered "as-is." Substitutions of cash or cash equivalents are not allowed other than a substitution that may be necessary due to the unavailability of a prize. Prizes not redeemed by expiration date are no longer valid and will not be replaced by Next Health.
  • 08Requirements for Claiming Prize(s). Prize will be mailed or delivered in person; or Prize may be picked up in person, by appointment only, during regular business hours (8am to 5pm, Monday – Friday) at 44121 Harry Byrd Highway Suite 115 Ashburn, VA 20147.
  • 09 Taxes and Expenses. Winners are responsible for payment of all taxes on prize(s). The winner agrees to pay all expenses & fees not included in the prize.
  • 10 Amendments to Rules/Severability. Next Health reserves the right to amend the contest dates and rules at any time. If any portion of the above rules is determined to be unenforceable due to local or state laws, all other portions of these official rules remain in effect.
  • 11 Modification, Postponement or Cancellation of Contest. Next Health reserves the right to postpone, cancel, terminate, modify or suspend a contest for any reason without notice. If a ticketed event, gift certificate or coupon has been awarded as a prize and the event, place of business, or product is postponed, cancelled or for other reasons beyond our control, does not occur/exist, Next Health will not be responsible for replacing the prize. Next Health reserves the right in its sole discretion to disqualify any individual it believes has tampered with the entry process. Next Health reserves the right to select winners from eligible entries received as of the termination date.
  • 12 Representations and Warranties. By submitting a contest entry, participant represents, warrants, acknowledges and agrees that participant: has read and meets the eligibility requirements; has submitted accurate contact information; understands that if any of the information submitted is false or incomplete, it will void the participant's entry to the Contest; and participant agrees to be bound by these Rules.

Privacy Policy

Your privacy is important to Next Health. To better protect your privacy, we are providing this notice explaining our online information practices and what choices you have about the way your information is collected and used.

Our privacy policy explains:

  • Who we are
  • The information we collect
  • How we use your information
  • How we protect your information
  • If and when we share your information, and why
  • How you can exercise your privacy rights
  • Other useful information

If you have any questions or concerns, you may contact us.

About Us

Next Health is an Ashburn, VA-based Medical health and wellness brand focused on predicting & preventing disease and prolonging life. We do this through cutting edge medical programs, pure sourced nutritional supplementation, health-conscious foods, and fitness training. Our mission is to help everyone achieve a new level of well-being and total body optimization.

What information do we collect?

We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.

When ordering or registering on our website, as appropriate, you may be asked to enter your name, e-mail address, mailing address, phone number or credit card information.

Additionally, when visiting our website, we may automatically collect certain information about your device and usage of our products and services. This is common data collection information and helps us provide a better experience for you.

Additionally, we use cookies to collect some of this information. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers’ systems to recognize your browser and capture and remember certain information.

We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

  • To personalize your experience (your information helps us to better respond to your individual needs)
  • To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
  • To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
  • To process transactions
  • To administer a contest, promotion, survey or other site feature
  • To send periodic emails (The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.)

Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

All traffic to and submitted on Next Health.org is transmitted via industry standard, bank-level, Secure Socket Layer (SSL) 2048-bit encryption. Examples of this traffic includes login credentials, order forms, contact forms, and normal web page views. All credit card and other payment details are secured in the same way, and is neither stored by Next Health, nor directly accessible by their employees.

Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of processing your orders, delivering the purchased product or service requested or otherwise facilitating your use of our website or products.

Do we share any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, facilitating transactions with us for you or otherwise servicing you. We only share your information with trusted third parties that agree to keep it confidential and comply with privacy obligations. Examples of such third parties are payment gateways and warehouse programs used in the shipping of orders. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Your options and privacy rights

  • Opting out. If you have consented to receive information from us, you can always opt out or unsubscribe. If you no longer wish to be contacted for marketing purposes, please click here.
  • Accessing your information. You have the right to request a copy of the information we hold about you. If you would like to request a copy of some or all of your information, please contact us at info@nexthealthmed.com and we will assist you with your request.
  • Correct, update or request deletion. You may contact us directly at info@Next Health.org to manage your account information or correct, update or request deletion of any of your personal information.
  • Cookies: If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the telephone or by contacting customer service. For more information about cookies and how to remove them from your browser you can visit www.aboutcookies.org or www.allaboutcookies.org.
  • Issue a complaint. You have the right to complain to a data protection authority about the collection and use of your personal information. For more information, please contact your local data protection authority. Information regarding data protection authorities in the EEA is available at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
  • Concerns. Additional questions and concerns regarding the information in this policy can be directed to info@nexthealthmed.com.

Other useful information

International data transfers

Our servers and offices are located in the United States, so your information may be collected, transferred to and stored in the U.S. In order to take steps to further protect your information, Next Health participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. Next Health commits to all the Privacy Shield Principles with respect to all such information. For additional information regarding the Privacy Shield program, including Next Health’s certification under the frameworks, please visit https://www.privacyshield.gov. In addition, a list of organizations that are certified under the Privacy Shield can be found at https://www.privacyshield.gov/list.

Next Health is responsible for the processing of personal information we receive under each Privacy Shield Framework and subsequent transfer to a third party acting on our behalf. We comply with the Privacy Shield Principles for all onward transfers of personal information from the EU and Switzerland, including onward transfer liability provisions.

With respect to personal information received or transferred pursuant to the Privacy Shield Frameworks, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

Dispute Resolution

In compliance with the Privacy Shield Principles, Next Health commits to resolve complaints about our collection or use of your personal information. If you are located in the EU or Switzerland and you have an inquiry or complaint regarding our privacy policy or Privacy Shield certification, you should first contact Next Health at info@Next Health.org.

Next Health has further committed to refer unresolved Privacy Shield complaints to BBB, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgement of your complaint from us, or if we have not resolved your complaint, please contact or visit BBB for more information or to file a complaint. The services of BBB are provided at no cost to you. Additionally, under certain conditions, you may be entitled to invoke binding arbitration if you have not achieved resolution of your complaint through other sources.

Legal Basis for Collecting Personal Information (EEA Persons Only)

If you are from the European Economic Area, our legal basis for collecting and using your information will depend upon the information we collect and why. We typically collect and use your information where it is in our legitimate interest and that interest is not overridden by your privacy rights and data protection interests. Our legitimate interests may include giving you a better experience on our website, providing you with a service or product, marketing our products and services, and maintaining and enhancing our technology for your use.

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

Childrens Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing our liability (including any liability arising out of this online privacy policy) and your use of our website at https://www.NextHealth.org/terms-and-conditions/. The provisions of this privacy policy set forth our position with respect to your information and our commitment with respect to your privacy. Though we endeavor to comply with these terms, this policy is not a guarantee that your information will be 100% safe or that we will comply with this policy 100% of the time.

Your Consent

By using our website, you consent to our privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will update the Privacy Policy modification date below. Any change will be effective as of the date posted to our website, and we have no obligation to notify you of such changes.

EU Data Subject Privacy Notice

This EU Data Subject Privacy Notice (“EU Privacy Notice”) explains how Next Health (“Next Health”, “we”, “us”) fulfills our responsibilities under the EU General Data Protection Regulation (“GDPR”) in relation to the collection, retention, use, and other processing of personal information that is obtained when EU data subjects visit and interact with our Website (www.NextHealth.org) and use the Services.

Data Controller

Next Health is the data controller for our Website and Services. You can contact us by e-mail sent to info@nexthealthmed.com or by writing to us at the following address:

Next Health

44121 Harry Byrd Highway

Suite # 115

Ashburn, VA. 20147

Personal Data

We may collect and process the following personal data when you visit our Website and use our Services:

  • Contact data. You may provide us with your contact details, such as name, email address, physical address, phone number, email address, or other similar information, which we may use to respond to you or for administrative purposes.
  • Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Website and record that data in log files. This log data may include your Internet Protocol (IP) address, the address of the web page visited before using our Website, browser type and settings, the date and time that the Website was used, information about browser configuration and plugins, language preferences, and cookie data.
  • Device Information. We may obtain information about devices that access our Website, including the type of device, its operating system, device settings, unique device identifiers, and crash data.
  • Authentication Data. To verify the identity of registered users on our Website and Services, we may collect a user name, password, password hint(s), and other similar authentication information.
  • Other Information You Provide. This includes emails and other communications that you send us or otherwise contribute, such as customer support inquiries and reviews. If you purchase a product, this will include information that is necessary to complete your purchase such as your credit card information.

We do not collect personal data that is considered to be sensitive or special categories of personal data under the GDPR.

Note that our Website and Services are dynamic. We may introduce new features, which may involve new or different personal data processing activities. If we make a material change to how we process your personal data, we will notify you and may also modify this EU Privacy Notice. If we have relied upon your consent for a particular use of your personal data, we will seek your consent to use such personal data for any other purpose.

How and Why We Use Your Personal Data

We may use the personal data we obtain to:

  • Communicate with you
  • Provide you with customized services
  • Ensure the security and integrity of our Website and Services
  • Maintain and promote our Website and Services
  • Analyze and learn about how our Website and Services are accessed and used
  • Manage our customer and partner relationships
  • Enforce our legal terms and policies
  • Protect our and others’ interests, rights, and property
  • Comply with applicable legal requirements.

Legal Bases for Processing Personal Data

We process your personal data pursuant to the following legal bases:

  • You have consented to the use of your personal data. When you consent, you can change your mind at any time.
  • The processing is necessary for us to provide you with the services and products you request, or to respond to your inquiries.
  • We have a legal obligation to process your personal data, such as to comply with applicable tax and other government regulations or to comply with a court order or binding law enforcement request.
  • To protect your vital interests, or those of others.
  • We have a legitimate interest in using your personal data. In particular, we have a legitimate interest in the following cases:
  • 1. To analyze and improve the safety and security of our Website and Services. This includes implementing and enhancing security measures and protections and protecting against fraud, spam, and abuse.
  • 2. To maintain and improve our Website and Services.
  • 3. To operate our Website and Services and provide you with certain tailored advertising and communications to develop and promote our business.
  • 4. To anonymize personal data and subsequently use the anonymized information.

How We May Share Your Personal Data

We may share your personal data:

  • With our affiliates or business partners when it is reasonably necessary or desirable, such as to help provide services to you or analyze and improve the Website and Services.
  • With our service providers that perform services on our behalf. For example, we may use third parties to help us provide customer support, authorize and process your payments, manage our advertisements, send marketing and other communications on our behalf, or assist with data storage.
  • In order to follow the law or protect rights and interests. For example, we may disclose your personal data if we determine that such disclosure is reasonably necessary to comply with the law, protect our or others’ rights, property or interests, or prevent fraud or abuse. In particular, we may disclose your personal data in response to lawful requests by public authorities, such as to meet national security or law enforcement requirements.
  • If we are involved in a reorganization, merger, acquisition, or sale of some or all of our assets.

How We Protect Your Personal Data

We maintain appropriate technical and organizational safeguards designed to help protect personal data from unauthorized disclosure or access and accidental or unlawful destruction, loss, or alteration. Although we use reasonable efforts to safeguard personal data, we cannot guarantee the security of your information obtained through our Website and Services.

How Long We Retain Your Personal Data

We will store your personal data for no longer than is necessary for the performance of our obligations or to achieve the purposes for which the information was collected, or as may be permitted under applicable law. To determine the appropriate retention period, we will consider the amount, nature, and sensitivity of the information; the potential risk of harm from unauthorized use or disclosure of the information; the purposes for which we process the information and whether we can achieve those purposes through other means; and the applicable legal requirements. Unless otherwise required by applicable law, at the end of the retention period we will delete personal data from our systems and records or take appropriate steps to fully anonymize it.

How We Use Cookies and Other Similar Technologies

To improve our Website and Services, we may use “cookies” and other similar technologies to track your visit.

Cross-Border Transfer of Personal Data

Please be aware that your personal data will be transferred to, processed, and stored in the United States. Data protection laws in the U.S. may be different from those in your country of residence.

When we transfer your personal data out of the European Economic Area (“EEA”) to countries not deemed by the European Commission (“EC”) to provide an adequate level of protection for personal data, including the United States, the transfer will be based on one of the following safeguards recognized by the EC as providing adequate protection for personal data, where required by EU data protection legislation:

  • Contracts approved by the EC which impose data protection obligations on the parties to the transfer.
  • The EU - U.S. Privacy Shield Framework (for transfers to third parties in the United States that have self-certified to the Framework).

Please contact us if you want further information on the specific mechanism used to transfer your personal data.

Your Rights

Under the GDPR, you have certain rights regarding your personal data. Subject to certain conditions, you may ask us to take the following actions in relation to your personal data:

  • Provide you with information about our processing of your personal data and give you access to your personal data.
  • Update or correct inaccuracies in your personal data.
  • Delete your personal data.
  • Transfer a machine-readable copy of your personal data to you or a third party of your choice.
  • Restrict the processing of your personal data.
  • Object to our processing of your personal data for direct marketing purposes.
  • Object to reliance on our legitimate interests as the basis for processing of your personal data.

To request a summary of your personal data, or to request revision or deletion of your personal data, please email info@nexthealthmed.com.

If you would like to submit a complaint about our use of your personal data or our response to your requests regarding your personal data, you may contact us by email at info@nexthealthmed.com, by writing to us at our postal address as provided below, or by submitting a complaint to the data protection regulator in your jurisdiction. You can find information about your data protection regulator here.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

https://www.NextHealth.org/

Next Health

44121 Harry Byrd Highway

Suite # 115

Ashburn, VA. 20147

info@nexthealthmed.com

(703) 724-4000



Return Policy

Information We Collect

Try Next Health with confidence.

Finding the right products to support optimal health can take time.

Return any UNOPENED item shipped by nexthealth.org for a refund or replacement within 30 days of receipt.

Note:

Next Health will investigate claims of negative side effects and adverse reactions you believe are a result of a product, but cannot be held liable for them. We recommend that you seek the guidance of a healthcare professional prior to beginning any supplement regimen, for help determining which products and doses are safe/suitable for you to use.

Requesting a Refund or Return

Before returning a product to us, you will need to submit a Return Merchandise Authorization (RMA) request.

Requesting your RMA:

A. You can submit an RMA request online by logging into your account at nexthealth.org.

  • Click ‘Product Returns’ in the ‘My Account’ menu.
  • Click ‘Request A New Product Return’
  • Select the order that includes the items you want to return.
  • Verify your contact information and the items/quantities you’d like to return.
  • Choose the reason for the return.
  • Click ‘Submit’

B. Or request an RMA by calling support at (703) 724-4000.

You’ll receive a notification once your request is approved or denied.* If approved, you will be directed to your ‘Product Returns’ for our Return Form and instructions on how to ship your product back to Next Health. Please download and print the form, and include it with your product in your return package.

You’ll receive another notification once the product(s) have been received back into our warehouse and when your account has been credited. Please allow a couple business days for the credit to reflect on your account.

Refunds are provided only for the price of the product on the original order and do not include shipping charges or coupons/discounts used at the time of purchase.

Virtual products including gift cards and memberships are non-refundable.

To receive a refund or replacement, your product must be shipped back to our warehouse unless an our support specialist advises you to discard the unwanted product. We ask that you do not send back enema products; however, you will still need to submit a Return Merchandise Authorization request. Please do not discard any items unless you have been directed to do so by an support specialist.

Return Shipping

Return postage is the responsibility of the buyer.

Next Health is not responsible for lost or stolen return packages.

When returning products to Next Health, we recommend that you insure the return package and obtain a tracking number.

Return packages are received at Next Health during normal warehouse operating hours, Monday through Friday.

Damaged, Defective, or Incorrect Items

We are committed to providing the highest level of service possible. If there is a problem with your order, please contact support immediately. Provide us with as much information as you can about the problem, including your order number, names and quantities of the affected items. We will be happy to provide a refund or replacement for damaged or defective items at no additional cost to you.

If the items you received do not match the items on your order, we will happily ship the correct items at no additional cost to you. We may ask that you return the incorrect items to us using a prepaid return postage label.

Note:

Receiving an incorrect item does NOT include receiving a product that was purchased by mistake.

If you purchased the wrong item by mistake, we ask that you place a new order for the correct item and submit a RMA request for the item you bought mistakenly.

*Next Health reserves the right to deny RMA requests for fraudulent returns, orders delivered over 30 days prior to submission of the request, or at the discretion of our support staff.

About Information

Information We Collect

Next Health strives to provide our visitors with information relevant to their particular desires, needs and/or interests. The information we gather helps us to better serve our purpose. We may ask you to provide us with demographic information, information regarding your interests or other PII. Providing us with PII about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the Site’s features. Next Health actively and passively gathers, analyzes and/or stores PII and other information generally by way of three different sources: (1) the PII voluntarily submitted by visitors when using or registering to use or receive our services or offers; and (2) by tracking and analyzing online and mobile data and activity through mechanisms that identify site usage, user location, device type, browser types, IP addresses, and other data.

We do not collect PII through advertisements on our Site and the PII we collect is not shared with third parties except as set forth herein. We will make reasonable efforts to destroy, erase or make anonymous any PII that is no longer required to fulfill the original purpose for which it was originally collected.

Usage Information

When your computer or mobile device contacts our web servers (for example, when you visit this Site, or view an HTML e-mail), our web servers automatically collect usage information. Such usage information includes information about how our visitors use and navigate our Site. It can include the number and frequency of visitors to each web page and the length of their stays, browser type, location, device type, referrer data that identifies the web page visited prior and subsequent to visiting our Site, and IP addresses (see below for more information on IP addresses).

We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, e-mail, advertising or promotional announcement or similar service. This information is used to analyze and improve this Site and to provide you with a more fulfilling and relevant experience.

Cookies

Browser Cookies

Like many websites, we may use browser “cookies”. Cookies are a website’s way of remembering who you are. A cookie is a small text file that is stored on your computer’s hard drive or stored temporarily in your computer’s memory. There are two kinds of cookies: those that are “session” oriented and those that are “persistent”. Session cookies delete from your computer when you close your browser. Persistent cookies retain information for later use tomorrow, next week, next month, or whenever they are set to expire. We use cookies to help us to identify account holders and to optimize their experience on our Site.

Also, we will use cookies to monitor and maintain information about your use of this Site. Most web browsers accept cookies automatically. You can delete cookies manually or set your browser to automatically delete cookies on a pre-determined schedule. For example, in the Internet Explorer menu bar, select: Tools > Internet Options > Browsing History > Delete to view manual and automatic options. If you decline to accept cookies, you may not be able to take advantage of or participate in certain features of this Site.

Flash Cookies

Our Site may enable the use of the Adobe Flash Player. Adobe’s Flash Player is used by many websites that offer video and other interactive content. By default, your use of the Adobe Flash Player generates “flash cookies” (also known as “persistent identification elements” or “local shared objects”). Adobe provides a short disclosure about Flash Cookies in its End User License Agreement, stating “Use of the web players, specifically the Flash Player, will enable the Software to store certain user settings as a local shared object on our computer. These settings are not associated with you, but allow you to configure certain settings within the Flash Player.” The Adobe Flash Player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser.

You can control the degree to which you accept flash cookies by accessing your Adobe Flash Player management tools directly through the settings manager for Adobe Flash, located at http://www.macromedia.com/support/documentation/en/flashplayer… If you do not allow flash cookies to take any space on your computer or device, you may not be able to take advantage of or participate in certain features on the Site.

Users with a computer running the Windows operating system can view flash cookie files in this folder: \Documents and Settings\[username]\Application Data\Macromedia\Flash Player. Users with a computer running the Apple operating system can view flash cookie files in this folder: /users/[username]/Library/Preferences/macromedia/Flash Player. Flash cookies, or LSO files are stored typically with an “.SOL” extension.

The Adobe Flash Player is not the only technology being used in the ever-shifting online and mobile content environment. HTML5 is a popular web standard used for presenting content, especially content delivered to mobile devices. HTML is the mark-up language used for the World Wide Web. Almost all web pages you visit on the Internet are based around HTML code. HTML5 is simply the fifth and latest iteration of this mark-up language that allows for more interactive web pages. One of the real benefits of HTML5 is its potential to standardize the highly fragmented rich-media universe. Some HTML5 code may allow your response to advertising and other activities to be monitored across websites and such information to be stored on your computer or mobile device.

Technology solutions that allow users to opt-out of or block this sort of tracking are being developed through browser add-ons and other tools.

Web Beacons

Our web pages or e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a “clear gif”, that allows us to monitor and collect certain limited information about our users, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small or invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon.

We may use web beacons to count visitors to our web pages or to monitor how our users navigate our Site, and we may include web beacons in e-mail messages in order to count how many of the messages we sent were actually opened or acted upon. We use web beacons to compile aggregate statistics about our Site and our marketing campaigns.

Use of IP Addresses

An IP address is a number that is assigned to your computer, device or network when you are linked to the Internet. When you request pages from this Site, our servers log your IP address. We may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the Site. We may associate your IP address with the PII you provide.

We also may collect and store information about you that we receive from other sources to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.

Data Processing

Sensitive Information

Next Health uses modern technological efforts to ensure the safety of your sensitive information. No website, internet transmission, computer system or wireless connection is completely secure. Next Health cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Site is at your own risk. Whenever you give Next Health sensitive or confidential information, Next Health will take commercially reasonable steps to protect the information by establishing a secure connection with your web browser. Next Health uses an industry standard security protocol for encrypting sensitive information.

Unfortunately, no security measures are perfect or impenetrable and data transmission over the Internet cannot be guaranteed 100% secure. We cannot and do not ensure or warrant the security of any information you transmit to Next Health and you do so at your own risk.

External Links

Next Health may contain links to, or advertisements about, non-Next Health websites. Other sites may also reference, advertise, or link to Next Health Sites. Next Health does not endorse or sponsor other websites, is not responsible for the privacy practices or the content of non-Next Health sites, expressly disclaims any statements or assertions made on such websites, and denies all liability associated with your use of, and the content on, such other websites and advertisements.

Please be advised that the practices described in this Privacy Policy do not apply to information gathered through other websites. We encourage you to be aware of when you leave this Site and to read the privacy policies of each and every website that you visit.

Consent to Processing

By using our Site, participating in any of our services and/or providing us with your information, you consent and agree to the collection, transfer, storage and processing of your information to and in the United States.

Sharing Information

We provide your purchasing information, including but not limited to your order history, your name and your phone number to the dispensaries you interact with and/or make purchased from through our Site. In addition, we may provide information to select outside companies when we believe their products or services may be of interest to you. If you opt in to receive communications from a third party, your information will be subject to the third party's privacy policy and not this Privacy Policy. Therefore, if you later decide that you do not want that third party to use your information, you will need to contact the third party directly. In addition, Next Health may share your PII with third parties under the following circumstances:

  • 01
    Third Parties Providing Services on Our Behalf

    Examples of these services include:

    • Content Providers;
    • Data collection, storage, management, analysis, cleansing;
    • Product Customization;
    • Any other services designed to assist us in maximizing our business potential.
    • Marketing and Promotional Material Distribution;
    • Website Evaluation;

    These third parties may have access to this Site’s user information, including PII, to the extent it is needed to perform their duties and functions.

  • 02
    Next Health Security

    We may release information about our users, including PII, when legally required to do so, at the request of governmental authorities conducting an investigation or to verify or enforce compliance with the policies governing our Site and applicable laws. We may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of Next Health, or any of our respective affiliates, business partners, customers or others.

  • 03
    Aggregate Information

    We may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our services to prospective partners and other third parties. Examples of such non-personal information include the number of users who visited this Site during a specific time period or purchased a specific product through this Site.

  • 04
    Corporate Change

    In addition, we reserve the right to disclose, share and/or otherwise transfer user information, including without limitation PII, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business or the sale of substantially all of Next Health’s assets, or other fundamental corporate change, whatever form it may take. You will be notified via e-mail or prominent notice on our Site prior to a change of ownership or control of your personal information, if your personal information will be used contrary to this policy. For clarification and the removal of doubt, Next Health specifically reserves the right to transfer or share a copy of PII collected pursuant to this Privacy Policy from this Site, off-line or otherwise, to the buyer of that portion of its business relating to that information.

Sharing Pages with Friends

The Site may offer you the possibility to connect your accounts from third party social media sites, such as Facebook and Twitter, through an application programming interface (API) or other software. By allowing the Site to connect with your accounts on such third party sites, you consent to our accessing the information in those accounts, which information may include PII. You likewise consent to our publishing on the Site any such information or actions you take on such third party sites. Additionally, you understand that by accessing the Site via your social media account, activity you engage in through the Site may be published on the third party site. It is your choice whether to use any such third party sites, and you understand that in some instances such third party sites may request to access and publish information about you or your friends from Next Health.

Rights and Opportunities

Third Party Advertisements

We may from time to time use various outside ad-serving or other companies to serve advertisements on our Site. In the process of serving advertisements, such companies may use cookies, and may use information about your visits to our Site and other sites in order to provide advertisements on our Site about products and services that may be of interest to you. By delivering ads on our Site, and the use of cookies, the ad-server is able to record what ads a user has seen, and what pages the user was viewing when the ads were delivered. This web usage information may be combined with other ad delivery information the ad-server has collected from your visits to our Site and other websites not affiliated with Next Health. This non-personally identifiable information is used as part of the ad-serving process for reporting, and to select and direct the ads you see on our Site and on other websites not affiliated with us.

We do not collect PII through advertisements on our Site and the PII we collect is not shared with third parties except as set forth herein. We will make reasonable efforts to destroy, erase or make anonymous any PII that is no longer required to fulfill the original purpose for which it was originally collected.

How Can I Access, Correct and Update Personal Information?

You can access, correct and update certain personal information that you have provided to us, if any, by emailing us at info@thehighcampus. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

Your Choices / Unsubscribe

You will have an opportunity to unsubscribe from receiving promotional material from this Site by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you. Additionally you may send us a message at info@nexthealthmed.com.

Because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. We appreciate your patience and understanding in giving us time to carry out your request.

In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

If you want to opt out of having your PII shared with third parties for marketing purposes, you must consistently opt-out at our Site where you register and whenever you provide PII to us. Please bear in mind that this opt-out choice for “third parties” will not apply to Next Health, Next Health licensees and/or co-branding participants, as set forth below.

Please also keep in mind that any opt-out choices you make will not apply in situations where you either have made, simultaneously make, or later make a specific request for information from us, or Next Health uses your PII for either operational purposes (e.g., to complete transactions requested by you, or to send you administrative communications either about your account with us or about features of our Site, including any future changes to this Privacy Policy, or any other policy or terms that affect you and your use of our Site) or fulfillment purposes (e.g., sharing with companies that facilitate communications and transactions with you).

Finally, if you do not exercise your opt-out choices upon registration or otherwise at the time the PII is provided, it may take some time to process your opt-out choices. Our systems require time to update, and promotional mailings using PII shared before your opt-out may already be in process.

Thus, your PII might continue to be shared with third parties for promotional purposes for some time after you make your request, For similar reasons, if your PII is shared with a third party, Next Health largely or completely loses control over how that information is used. Thus, even after you have opted out of allowing us to share your PII, you might continue to receive promotional materials from third parties unless and until you duly register your opt-out request with each third party in question.

Notice to California Residents / Your California Privacy Rights

California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2015 will receive information about 2014 sharing activities).

As set forth in this Privacy Policy, we comply with this law by offering our visitors the ability to tell us not to share your personally identifiable information with third parties for their direct marketing purposes. To make such a request, consistently exercise your opt-out choice whenever you provide PII to us or send us a message at info@nexthealthmed.com. You must include this Site as the subject line, and your full name, e-mail address, and postal address in your message. Please see the “Your Choices/Unsubscribe” section of this Privacy Policy for additional information. Please note that under California law, businesses are only required to respond to a customer request once during any calendar year.

We may allow third-party companies to serve ads and/or collect certain anonymous information when you visit our Site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use a cookie or third party web beacon to collect this information.

Our Site does not recognize browser “Do Not Track” signals but several of our service providers who utilize these cookies or beacons on our web sites enable you to opt out of this behavioral advertising. To learn more about how to opt out of the behavioral advertising conducted by these providers you can visit http://www.networkadvertising.org/.

Revisions to Privacy Policy

We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Privacy Policy, in whole or in part, at any time. When we amend this Privacy Policy, we will revise the “last updated” date located at the top of this Privacy Policy.

For changes to this Privacy Policy that we consider to be material, we will place a notice on the Next Health website located at http://nexthealth.org by revising the link to read substantially as “Updated Privacy Policy” for a reasonable amount of time. If you provide information to us or access or use the Site in any way after this Privacy Policy has been changed, you will be deemed to have unconditionally consented and agreed to such changes.The most current version of this Privacy Policy will be available on the Site and will supersede all previous versions of this Privacy Policy.

Choice of Law

This Privacy Policy, including all revisions and amendments thereto, is governed by the internal laws of the United States, State of Colorado, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.

Arbitration

By using this Site in any way, you unconditionally consent and agree that:

  • 01 Any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Next Health and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “Next Health Entities”) arising out of, relating to, or connected in any way with the Site or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS.
  • 02This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.
  • 03The arbitration shall be held in Rockville, Maryland.
  • 04The arbitrator’s decision shall be controlled by the terms and conditions of this Privacy Policy and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Site.
  • 05The arbitrator shall apply Colorado law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
  • 06There shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Next Health Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
  • 07The arbitrator shall not have the power to award punitive damages against you or any Next Health Entity.
  • 08 In the event that the administrative fees and deposits that must be paid to initiate arbitration against any Next Health Entity exceed $125 USD, and your are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Next Health agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Next Health will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
  • 09 With the exception of Subpart 6 above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained here in.

With the exception of Subpart 6 above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained here in.

For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

© 2019 Next Health, LLC. All Rights Reserved.

Please Read These Terms of Service and the Related Privacy Policy Carefully Before Using This Site

This “Site” (as defined below) is owned and operated by Next Health, LLC on its own behalf or in combination with one of its affiliates (collectively referred to herein, solely for ease of reference, as “Next Health”, “us” or “we”). These terms of service (the “Terms of Service”, “TOS” or “Agreement”) set forth the legal terms and conditions governing your use of our website located at http://nexthealth.org and any other online and mobile websites, blogs and interactive applications operated by Next Health (collectively, the “Site”, unless a different policy is provided on a particular site, application or service, in which case such different policy shall govern and control).

Your use of this Site confirms your unconditional agreement to be bound by these Terms of Service and is subject to your continued compliance with these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not access or otherwise use the Site. Before using the Site, please review the related Next Health Privacy Policy (the “Privacy Policy”), which is incorporated herein by this reference. This Site is void where prohibited by law. For clarification and the removal of doubt, users are not permitted to make purchases through this Site. All purchases must be made directly with a dispensary and not Next Health.

Elegibility

The Site is intended solely for users who are twenty one (21) years of age and older; or eighteen (18) and in posession of a valid medical marijuana registration card. You represent and warrant either that you are twenty one (21) years of age or older, or if you are eighteen (18) that you have a valid medical marijuana registration card. Certain parts of the Site may be subject in whole or in part to heightened age and/or other eligibility requirements.

Registration

Certain parts or features of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain parts or features of the Site. You agree that you will not provide any false personal information to the Site, or create an account for anyone other than yourself without their permission. You will also not create more than one personal profile, and if you select a username for your account, we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (such as if a trademark owner complains about a username).

If you register with the Site, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site. You accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights.

Next Health may, in its sole discretion, and at any time, with or without notice, terminate your password and account, for any reason or no reason at all. If we disable your account, you agree that you will not create another one without our permission.

Terms of Service

License to the Site

Next Health grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the materials thereon for your personal use only, provided that you comply fully with these TOS. You shall not interfere (or permit the use of your account by a third party to interfere) or attempt to interfere with the operation or use of Site by other members in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means.

Changes to Site and/or Terms of Service

Next Health reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Site or these TOS, in whole or in part, at any time without further notice. For changes to these TOS that we deem material, we will place a notice on http://nexthealth.org by revising the link on the homepage to read substantially as “Updated Terms of Use” for an amount of time that we determine in our discretion. If you access or use the Site in any way after the TOS have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these TOS will be available on http://nexthealth.org and will supersede all previous versions of these TOS.

Trademarks, Copyrights & Restrictions

The Site and all of the content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Material”) that relates to the Site are owned by or licensed by Next Health or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties. Except as expressly permitted in writing by Next Health, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material.

Nothing contained in this Agreement or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Next Health or such third party that may own the Material or intellectual property displayed on the Site.

Unauthorized use, copyrights, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the material is strictly prohibited.

Any use of the Material other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Material. You agree to report any violation of this Agreement by others that you become aware of. You are advised that Next Health will aggressively enforce its rights to the fullest extent of the law. Next Health may add, change, discontinue, remove or suspend the display of or access to any of the Material at any time, without notice and without liability.

Software

From time to time, and in its sole discretion, Next Health may make available to users certain software that may be accessible or downloaded from this Site. In the event you access or download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Next Health or a Next Health-approved third party software provider (“Third Party Provider”). Next Health does not transfer title to the Software to you.

Next Health retains full and complete title to the Software, and all intellectual property rights therein. For purposes of these TOS, such Software shall be included in the definition of “Materials”. Furthermore, your use of any Software of a Third Party Provider shall be subject to the end user license agreement or any other terms of use set forth by such Third Party Provider for its Software.

Unsolicited Submissions

Next Health is pleased to hear from its visitors and welcomes your comments regarding Next Health services. It is Next Health’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Next Health’s or its affiliates' professional staff might seem to others to be similar to their own work.

Accordingly, we ask that you do not send us any original creative materials such as designs, photographs, drawings, or original artwork that you expect to be compensated for or that you would like to keep private. If you nevertheless choose to make any such submission, Next Health may freely use the submission, in whole or in part, for any purpose without any obligation to you.

Linked Sites

The Site may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software applications and other content originating from third parties (collectively, “Third Party Applications, Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.

You agree that your use of third-party sites or third party applications, software or content, including, without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websitesand resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.

Promotions

From time to time, the Site may offer sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used.

It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

No Resale / Exploitation

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose. Non-United States Residents Next Health operates the Site in the United States. Next Health makes no representation that the Materials are appropriate or available for use in locations other than the United States. If you access the Site from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Jurisdictional Issues

The Site is controlled and operated by Next Health from its offices within the State of Colorado, United States. Next Health makes no representation that materials on the Site are appropriate or available for use in other locations. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Termination

You understand and agree that Next Health may, in its sole discretion and at any time, terminate your password, account and/or prohibit you from accessing the Site, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice.

You understand and agree that Next Health may take any one or more of these actions without prior notice to you. Should Next Health take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your Account. You understand and agree that Next Health shall not have any liability to you or any other person for the removal of information concerning your Account.

Next Health will determine your compliance with this Agreement in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of this Agreement may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No changes to or waiver of any part of this Agreement shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Next Health.

Upon termination of your membership or access to the Site, or upon demand by Next Health, you must destroy all materials obtained from the Site and all related documentation and all copies and installations thereof. You are advised that Next Health will aggressively enforce its rights to the fullest extent of the law.

Disclaimer

The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. Next Health assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications. Next Health is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer, or mobile device equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person's computer, mobile device, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site.

The site, the materials, and the software, if applicable, are provided “as is” “with all faults” and “as available” and without warranties of any kind either express or implied including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose, non-infringement or those arising by statute or otherwise in law from a course of dealingor usage of trade. To the fullest extent permissible pursuant to applicable law, next health disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Next health does not warrant that the availability of or the functions contained in the site, the materials or the software, will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available or the software are free of viruses or other harmful components or that the site, materials software or server do not violate any patent or other intellectual property rights of any person or entity. Next health does not warrant or make any representations regardingthe use or the results of the use of the site, the materials or the software, in terms of their correctness, accuracy, reliability, or otherwise. You (and not next health) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not fully apply to you.

Limitation of Liability

You agree that next health and its parents, affiliates, subsidiaries, licensors and assigns, and each of their respective employees, officers and directors (collectively, the “released parties”) are not liable to you or any third person for damages of any kind, whether based in tort, contract, strict liability or otherwise, including, without limitation, any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising out of or resulting in any way fromor in connection with the site, the material or any errors or omissions in the technical operation of the site, even if next health is aware or has been advised of the possibility of such damages, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft or destruction of, or unauthorized access to the site (collectively, the “released matters”). Notwithstanding anything to the contrary contained herein, next health’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to $1000. Some jurisdictions do not allow the limitation or exclusion of certain warranties and conditions, and/or the disclaimer of some types of damages, so some of the above might not apply to you.

By accessing the site, you understand that you may be waiving rights with respect to claims that are at this time unknownor unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of california, and any similar law of any state or territory, which provides as follows:“a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to the Released Matters. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by this Agreement to release fully, finally and forever all Released Matters under this Agreement. In furtherance of such intention, the releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.

Next Health makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Next Health.

Views and opinions of users of the Site do not necessarily state or reflect those of Next Health. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information or content available as part of the Site. The Internet may be subject to breaches of security. Next Health is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction.

You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet. Next Health makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Site.

Linking Policy

If you link to the Site, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of Next Health. The link to this Site must not damage, dilute or tarnish the goodwill associated with any Next Health names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with Next Health. You may not “frame” the Site or alter its intellectual property or Material in any other way. You may not link to the Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by Next Health in its sole discretion.

Next Health reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that Next Health deems to be inappropriate or inconsistent with or antithetical to the Site and/or these Terms of Use. Next Health is not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which this Site may be linked or from which this Site may be accessed.

Indemnification

By using the site you agree to indemnify, defend and hold the released parties harmless from and against any third party claims, alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense, including, without limitation, reasonable attorneys' fees, arising out of or relating to: your breach of your representations, warranties, covenants or agreements hereunder; your violation of these terms of use or any law; your use of this site and/or the material in violation of these terms of use; information or material posted or transmitted through your computer or membership account, even if not submitted by you, that infringes any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; any misrepresentation made by you; and/or next health’s use of your information.

You will cooperate as fully and as reasonably required in next health’s defense of any claim. Next health reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the written consent of next health.

Miscellaneous

These TOS constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These TOS may not be amended, nor any obligation waived, without Next Health’s written authorization. Any failure to enforce any provision of these TOS shall not constitute a waiver thereof or of any other provision there of.

These TOS shall be governed and construed in accordance with the laws of the State of Colorado applicable to contracts entered into and fully performed in Colorado (without regard to its conflicts of law principles that would cause the application of any other jurisdiction's laws) With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Colorado.

  • 01 Any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Next Health and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “Next Health Entities”) arising out of, relating to, or connected in any way with the Site or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS.
  • 02 This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.
  • 03 The arbitration shall be held in Rockville, Maryland.
  • 04The arbitrator’s decision shall be controlled by the terms and conditions of this Privacy Policy and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Site.
  • 05 The arbitrator shall apply Colorado law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
  • 06 There shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Next Health Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
  • 07 The arbitrator shall not have the power to award punitive damages against you or any Next Health Entity.
  • 08 In the event that the administrative fees and deposits that must be paid to initiate arbitration against any Next Health Entity exceed $125 USD, and your are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Next Health agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Next Health will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
  • 09 With the exception of Subpart 6 above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained here in.

If, however, Subpart 6 is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Next Health shall be entitled to arbitrate their dispute.

For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.