Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "your") and Dr. Nicolle MD / Omega Integrative Healthcare, LLC ("we," "us," or "our") governing your access to and use of the website drnicollemd.com and all related services, applications, content, programs, and platforms (collectively, the "Site"). By accessing or using the Site, you agree to be bound by these Terms, our Privacy Policy, and our HIPAA Notice. If you do not agree to these Terms, you must not access or use the Site.

2. Eligibility

You must be at least 18 years of age to use this Site and our services. By using the Site, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into these Terms, and are not barred from using the Site under any applicable law.

3. Medical Disclaimer & No Physician-Patient Relationship

THE CONTENT ON THIS SITE IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. The information provided through the Site, including but not limited to blog posts, articles, wellness quizzes, fitness programs (MaxHealth Fitness™), meal plans (MaxHealth Meal Plans™), podcasts, videos, and social media content, does not create a physician-patient relationship.

A physician-patient relationship is established only through a formal consultation and signed patient agreement with Dr. Nicolle MD. Always seek the advice of your physician or other qualified healthcare provider with any questions regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you read or heard on this Site.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.

4. Services Description

Dr. Nicolle MD provides integrative and functional medicine services, including but not limited to medical weight loss, hormone optimization, heart health, gut health, telehealth consultations, fitness programs, meal plans, educational content, and speaking services. Services are available via telehealth in the following states: Georgia, Illinois, Minnesota, Mississippi, North Carolina, Oklahoma, Tennessee, and Texas, with additional states forthcoming.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without notice.

5. User Accounts & Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You agree to provide accurate, current, and complete information when creating an account or submitting forms.
• You must notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend or terminate your account at our sole discretion if we suspect any violation of these Terms.

6. Intellectual Property

All content on the Site — including text, graphics, logos, images, videos, audio, software, trademarks (including "MaxHealth Fitness™" and "MaxHealth Meal Plans™"), and other materials — is the exclusive property of Dr. Nicolle MD / Omega Integrative Healthcare, LLC or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

• You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content without prior written permission.
• Limited personal, non-commercial use is permitted, provided you maintain all copyright and proprietary notices.
• Any unauthorized use may result in legal action.

7. Prohibited Conduct

You agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable law or regulation.
• Interfere with or disrupt the Site, servers, or networks connected to the Site.
• Attempt to gain unauthorized access to any portion of the Site or related systems.
• Transmit viruses, malware, or any other harmful or destructive code.
• Scrape, crawl, or otherwise extract data from the Site without express written consent.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Use any automated means (bots, scripts) to access the Site.
• Reproduce, redistribute, or resell any content, programs, meal plans, or fitness programs without authorization.

8. Purchases, Payments & Refunds

• All purchases made through the Site are subject to our pricing and payment terms as described at the time of purchase.
• Payments are processed through secure third-party payment processors. We do not store your full payment details.
• No Refunds on Digital Products. Because of the extensive time, effort, preparation, and care that goes into creating and providing our digital products, we maintain a strict No Refund Policy for all digital products. Unless otherwise provided by law, you understand and acknowledge that all sales are final and no refunds will be provided at any time. This applies to all digital products, including but not limited to: M3H Academy online courses and DIY programs; MaxHealth Meal Plans™ and nutrition guides; MaxHealth Fitness™ programs and training plans; and digital downloads, templates, and educational materials.
• MaxHealth Nutraceuticals (Physical Products). Returns for physical supplement products are accepted only for fulfillment, shipping, or quality issues. You must contact Customer Service within five (5) business days of receiving the order. No other product returns are accepted. See our full Shipping & Returns Policy for details.
• We reserve the right to change prices at any time without prior notice.

9. Third-Party Links & Services

The Site may contain links to third-party websites, platforms, or services (e.g., lab testing portals, wellness product stores, scheduling platforms, social media). These links are provided for your convenience only. We do not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party sites. Your use of third-party services is at your own risk and subject to their respective terms and policies.

10. Assumption of Risk

Your participation in any wellness, fitness, or nutrition program offered through the Site is entirely voluntary and at your own risk. You acknowledge that physical exercise and dietary changes carry inherent risks, including but not limited to physical injury, illness, or death. You represent that you are physically fit and have no medical condition that would prevent your participation, or that you have obtained clearance from your healthcare provider.

11. Disclaimer of Warranties

THE SITE AND ALL CONTENT, SERVICES, AND PROGRAMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Individual results from programs and services may vary and are not guaranteed.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DR. NICOLLE MD, OMEGA INTEGRATIVE HEALTHCARE, LLC, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

Our total aggregate liability for any claims arising from or related to these Terms or the Site shall not exceed the amount you paid to us, if any, in the twelve (12) months preceding the event giving rise to the claim, or $100, whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless Dr. Nicolle MD, Omega Integrative Healthcare, LLC, and its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit to the Site.

14. Dispute Resolution & Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles. Any dispute arising from or relating to these Terms or the Site shall be resolved exclusively in the state or federal courts located in Fulton County, Georgia, and you consent to the personal jurisdiction of such courts.

Before initiating any legal proceedings, you agree to attempt to resolve the dispute informally by contacting us at info@drnicollemd.com. If the dispute is not resolved within thirty (30) days, either party may proceed with formal legal action.

15. Termination

We reserve the right to suspend or terminate your access to the Site at any time, for any reason, without notice or liability. Upon termination, all rights and licenses granted to you under these Terms will immediately cease. Sections that by their nature should survive termination (including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law) shall survive.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

17. Entire Agreement

These Terms, together with the Privacy Policy and HIPAA Notice, constitute the entire agreement between you and Dr. Nicolle MD regarding your use of the Site. These Terms supersede any prior agreements or understandings, whether written or oral.

18. Changes to These Terms

We may update these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of the Site after any changes constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.

19. Contact Us

If you have questions about these Terms, please contact us: