Terms of Use

Please carefully review the following Terms of Use ("Terms"), as they govern your use of the website www.winitclinic.com and any related pages or services (collectively, the "Site"), owned and operated by What's In It, LLC., doing business as WINIT CLINIC or WINIT ("WINIT," "we," "us," or "our"). By accessing, browsing, downloading, using, or registering to receive any content or services on the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms in full. Your use of the Site is at your sole risk.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

Please pay close attention to this section, as it affects your rights and obligations. By using our website, you acknowledge that you have read and understood all the terms of this Agreement. If you do not agree with these Terms, please refrain from accessing or using our website.

Arbitration and Class Action Waiver

All disputes, claims, or controversies arising out of or relating to your use of our website, including any services or products offered, shall be resolved exclusively through binding arbitration in California. This applies to any past, present, or future claims against WINIT. Arbitration shall be conducted through a neutral arbitrator, and each party will reasonably participate in the arbitrator selection process. The arbitration shall be conducted on an individual basis, and class, collective, or representative actions are not permitted.

By entering into this Agreement and using our website, you expressly waive your right to a trial by jury and agree to resolve any disputes through arbitration. The Federal Arbitration Act governs this agreement, and the arbitrator may award relief available in court. In the event of any arbitration brought pursuant to this Agreement, the prevailing party shall be entitled to recover from the losing all reasonable attorney's fees. This arbitration agreement survives the termination of your relationship with WINIT.

CHANGES TO THE TERMS OF USE

We reserve the right to update or amend these Terms at any time. Any changes will be effective immediately upon notice, which may include posting a revised version of these Terms on the Site. Your continued use of the Site signifies your acceptance of any changes. It is your responsibility to review these Terms regularly to stay informed of updates.

ACCESS AND USE

By accessing or using the Site, you agree to provide accurate and complete information. We reserve the right to terminate or restrict your access to the Site for any reason without notice. You are granted a limited license to use the Site for personal or internal purposes, subject to certain restrictions. Commercial use or redistribution of any content on the Site is prohibited without prior agreement.

Your use of the Site is subject to our Privacy Policy, which is incorporated into these Terms. Please review our Privacy Policy to understand our practices regarding your personal information.

NO UNLAWFUL OR PROHIBITED USE

You agree not to use the Site for any unlawful or prohibited purpose, including but not limited to:

Uploading or transmitting objectionable content.
Impersonating any person or entity.
Violating intellectual property rights.
Attempting unauthorized access to the Site.
Engaging in any unlawful activity.

We reserve the right to take appropriate action in response to violations, including suspension or termination of access.

SUBMISSIONS AND CONTENT

Any content submitted by you to the Site is done at your own risk. By submitting content, you grant WINIT a worldwide, perpetual, royalty-free license to use, modify, and distribute the content. You represent that you have the legal right to submit such content and that it does not violate any law or contractual obligation.

ACCOUNTS, PASSWORDS, AND SECURITY

Certain features of the Site may require you to create an account. You are responsible for maintaining the confidentiality of your account information and agree to notify WINIT immediately of any unauthorized use of your account. You may not use another user's account without permission.

PAYMENTS OR FUNDS TRANSFER TO YOUR ACCOUNT

By utilizing any payment or funds transfer service accessible through the Site, you affirm that you are an authorized signatory on the account used to withdraw funds for such transactions.

CHANGE OF ADDRESS

If you inform us of a change of address, the update will take effect within 10 business days from the date we receive your request.

PROPRIETARY CONTENT

WINIT respects intellectual property rights and expects users to do the same. We have invested significant resources in creating and maintaining the Site, along with its features, materials, opportunities, and services. You acknowledge that WINIT owns, or is licensed by third parties to use, all rights, title, and interest in the Site and its content. This includes information, text, data, artwork, graphics, logos, software, and other materials contained therein. You agree not to copy, reproduce, distribute, or use any content without WINIT’s express written consent.

DISCLAIMER OF WARRANTIES

WINIT does not guarantee any specific results or outcomes from using the Site. It is your responsibility to ensure that any information or materials accessed through the Site are accurate, complete, and suitable for your needs. WINIT does not provide medical advice and is not responsible for the care provided by affiliated health experts. We do not manage or monitor the quality of testing services and healthcare professionals, we do not supervise or engage in quality controls, and if there are any issues with such services or products, you must coordinate directly with the testing services and healthcare professional providers. You hereby waive all implied or actual warranties of any kind, including the implied warranty for fitness for use, and confirm that WINIT is not responsible in any way for any loss or damage caused by testing services or healthcare professionals.

LIMITATION OF LIABILITY

WINIT and its affiliates are not liable for any damages arising from the use of the Site or its content. This includes but is not limited to indirect, consequential, or incidental damages. WINIT’s total liability for any claims related to these terms of use or the Site is limited to USD $100.

LINKS TO OTHER WEBSITES

The Site may contain links to third-party websites. WINIT is not responsible for the content or availability of these linked sites. You agree to use them at your own risk.

INDEMNIFICATION

You agree to indemnify WINIT from any claims arising from your use of the Site or violation of these terms.

TYPOGRAPHICAL ERRORS

WINIT is not responsible for any technical inaccuracies or typographical errors on the Site.

VIRUSES

WINIT disclaims liability for any damages caused by viruses or malware on the Site.

JURISDICTION

These terms of use are governed by the laws of the State of California without application of choice-of-law principles. Any legal action must be initiated within one year of the cause of action arising.

For questions or comments about these terms, please contact us at [email protected].

1. OUR ROLE AND ACCEPTANCE OF THESE TERMS AND CONDITIONS

Welcome to the website or mobile application operated by What's In It, LLC. ("WINIT CLINIC," “WINIT,” "we," "us," or "our"). The following terms and conditions ("Terms and Conditions") govern your access to and use of (i) the What’s In It mobile app and www.winitclinic.com and other websites which are owned or operated by What's In It, LLC., doing business as WINIT CLINIC and WINIT (the "Sites"); (ii) any other digital interfaces and properties (e.g., mobile applications) owned, controlled by, or made available to you by What's In It, LLC. or its affiliates ("Mobile Apps," and together with the Sites and other online or mobile-enabled technology, digital tools, the "Platform"); and (iii) any services and products that you may access through the use of the Platform (such services and products, the "Services").

The Services available through the Platform may include: (i) general information on health and wellness topics; (ii) access to laboratory services performed by clinical laboratories, including Vibrant Wellness and other clinical labs (collectively, "Labs"); (iii) access to healthcare practitioners and staff members ("Practitioners") who are contracted by certain independent, clinical professional practice groups (collectively, the "Practices"); (iv) administrative support in connection with ordering Lab testing services and scheduling appointments with Practitioners on the Platform; and (iv) technology support for using the Platform as a means of direct access to Lab test results and to Practitioners for communication, consultations, assessments, and treatment by such Practitioners; and (v) ability to purchase vitamins, supplements, over-the-counter and clinical lab test and collection kits and other tangible items ("Products").

All health and wellness information or resources available on the Platform directly from our Platform (excluding any licensed healthcare professionals that utilize the Platform) are for informational purposes only and are not a substitute for direct health care services nor are they an indicator of specific results. Neither What's In It, LLC. nor the Platform provides medical advice or care. Rather, although the Platform enables individuals to access the services of Labs, Practices, and Practitioners, you agree and acknowledge that it is the Labs, Practices, and/or Practitioners, as the case may be, who are furnishing all health or medical services to you, not What's In It, LLC. or the Platform, and that you are not entering into a provider-patient relationship with What's In It, LLC. or the Platform. What's In It, LLC. does not exercise control or direction over the means, methods, or manner by which any Lab, Practice, or Practitioner exercises professional judgment in the provision of their clinical services. Similarly, we are not responsible for the quality or appropriateness of the care any Lab, Practice, or Practitioner renders to you, including any personal injury or property damage.

The Platform is structured for use specific to certain lifestyle, wellness, or health care services and Whatrsquo;s In It, LLC and Platform are not, and should not be considered or used as comprehensive medical advice, care, diagnosis, or treatment (this excludes reference to licensed healthcare professionals utilizing the Platform—they are not Whatrsquo;s In It, LLC, and What’s In It, LLC does not manage or oversee or guaranty those third party healthcare services). Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding general personal health, medical conditions, drugs or medications, and before commencing or discontinuing any course of treatment, drug, or medication. THIS PLATFORM AND THE SERVICES MAY NOT BE APPROPRIATE FOR YOUR CLINICAL OR MEDICAL CONDITIONS OR NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 OR GO TO THE NEAREST HOSPITAL IMMEDIATELY.

To the fullest extent possible under applicable law, all suppliers of Services and Products, including all Labs, Practices, or Practitioners that are accessed or purchased on the Platform shall be beneficiaries of, and possess the right to enforce, any and all rights, remedies, disclaimers, limitations, waivers, or other legal or equitable remedies or benefits available to What's In It, LLC. and its affiliates under these Terms and Conditions.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU START TO USE THE PLATFORM OR ANY SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THE PLATFORM. BY CLICKING "I ACCEPT," OR BY ACCESSING OR USING THE PLATFORM OR ANY SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH HEREIN, YOU MUST NOT ACCESS OR USE THE PLATFORM.

2. ADDITIONAL TERMS AND CONDITIONS

Your use of the Platform is governed by our Privacy Policy. Any health information that we hold on behalf of Labs, Practices, or Practitioners is governed by our Notice of Privacy Practices. The Platform disclaims any health information originating from Labs, Practices, or Practitioners, acknowledging that the accuracy or reliability of health information provided by those aligned persons/entities is not guaranteed by the Platform.

In order to access or purchase certain Services or Products available on the Platform, you may be required to agree and enter into, or acknowledge receipt of, one or more additional agreements, consents, assignments, releases, or notices as a condition of accessing, purchasing, or receiving those Services (such additional agreements, consents, assignment, releases, or notices, collectively as and when furnished and entered into or acknowledged, "Additional Terms and Conditions"). Such Additional Terms and Conditions may be specific to (a) a supplier of the Services or Product, including a specific or group of Lab(s), Practice(s), or Practitioner(s), (b) a Service or Product or category of Service or Product, or (c) any combination thereof.

To the fullest extent possible under applicable law, those Additional Terms and Conditions shall be incorporated into these Terms and Conditions with respect to applicable Services, Products, or suppliers, as the case may be, as and when they are entered into or acknowledged, and said Additional Terms and Conditions and these Terms and Conditions shall be interpreted, to the fullest extent possible, as if they are incorporated into one and the same instrument; provided, however, in the event of an express conflict between these Terms and Conditions and applicable Additional Terms and Conditions, the provisions of the Additional Terms and Conditions shall control. To the extent that certain Additional Terms and Conditions cannot under applicable law be incorporated into these Terms and Conditions with respect to certain Services, Products, or suppliers, you acknowledge that What's In It, LLC. or an affiliate thereof (a) may exercise applicable rights under said Additional Terms and Conditions of the applicable supplier (including a Lab, Practice, or Practitioner) of said Services or Products, as said supplier's service provider; and (b) What's In It, LLC. is a third-party beneficiary of, with the right to exercise and enforce against you, any and all rights, remedies, or defenses available under said Additional Terms and Conditions.

3. ELIGIBILITY AND AVAILABILITY

In order to access the Services through the Platform, you represent and warrant that:

You are at least 18 years of age or older.
You live in the United States and in a state or territory where the Platform is available.
You agree to be legally bound by and comply with these Terms and Conditions.
You have compatible computing and/or mobile devices, sufficient access to the Internet, and certain necessary software in order to use the Platform. Fees and charges may apply to your use of the mobile services and to the Internet.
If you do not meet all of these requirements, you must not access or use the Platform or any Services available through the Platform.
You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the Platform. Certain Services may only be available to individuals who satisfy additional eligibility criteria or who reside or are located in certain geographic locations ("Eligibility Criteria"). We, Labs, Practices, and/or Providers will endeavor to provide notice of such limitations when using those parts of the Services. Notwithstanding the foregoing, at all times Practitioners exercise their independent clinical judgment in furnishing Services to individuals. Accordingly, Practitioners delivering services may on a case-by-case basis determine that additional criteria may apply in the case of specific individuals or that certain services are not appropriate in any individual instance for a particular user. In addition to the above requirements, we, Labs, Practices, and their Practitioners reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.
We are based in the United States. We provide the Platform and our Services for use only by individuals located in the United States, with the exception of health test sales in New York. We make no claims or representations that the Platform or any of the content made available therein is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

4. ACCOUNT REGISTRATION

To purchase Services on the Platform, or access certain Services that may have been purchased at a physical, other online location, or otherwise made available, you will be required to set up an account (an "Account") on the Platform. To obtain an Account, you may be asked to provide certain registration details or other information. It is a condition of your setting-up an Account that all the information you provide is correct, current, and complete.

You acknowledge that your Account is personal to you, and you agree not to provide any other person with access to the Site or portions of it using your username, password, or other security information. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions. We may rely on the authority of anyone accessing your Account or using your login credentials and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by us under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. We may store, transmit, receive, and/or access your data on or from our own servers or those of our service providers which may be in or outside of the United States.

5. SERVICES AND PRODUCTS ACCESSED ON THE PLATFORM

This Section 5 describes the Services and Products that may be accessed or purchased on the Platform. Please read them carefully before accessing or purchasing any Service or Product. All purchases of Services or Products are subject to the provisions of Section 6 (Purchases, Shipping, and Payment Methods), except as and to the extent expressly modified by the terms in this Section 5 applicable to specific Services or Products.

A. Health and Wellness Information; Not Healthcare or Medical Advice

The contents of the Platform, such as text, graphics, images, and other materials created by us or obtained from our licensors, including from users of the Platform who share their health and wellness journey experiences (collectively, "Content") are for informational purposes only. Although some Content may include health- or medical-related information or online tools to calculate general health and wellness metrics, all such Content is provided for general informational purposes only. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via our Content or otherwise, and you should not use the Content on the Platform for the diagnosis or treatment of any health issue or for the prescription of any medication or other treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking treatment based on any Content or other information included in the Platform. If you think you may have a medical emergency, call your healthcare professional or your local emergency number (usually 911) immediately.

B. Laboratory Testing Services

The Platform enables you to purchase laboratory testing Services ("Test Services"), as well as access to Test Services you may have purchased or received at a physical or other online location. Except as expressly indicated in the Test Services description information or packaging materials, all Test Services are intended for wellness monitoring, informational, and educational use and are not intended to diagnose or treat disease. Carefully review this Section 5(B) and description page for any Test Services you select prior to purchasing your Test Services.

i. Ordering Test Services

In order to access Test Services purchased on the Platform or at a retail or other online location, you must set up an Account. You may be required to submit additional information to deliver collection kits to you and potentially determine whether you satisfy applicable Eligibility Criteria. In order for the Lab to process your request for Test Services, you must submit applicable information necessary to enable a Practitioner ("Reviewing Practitioner") to assess whether the Test Service is appropriate for you. Test Services will not be provided to you if the Reviewing Practitioner does not authorize your request and order the applicable Test Services. In the event that a Reviewing Practitioner does not ultimately authorize a Test Service, we will refund the applicable fees you paid in respect of said Test Services. We provide health test purchases for all U.S. states except New York.

ii. Submitting Samples using Collection Kits

Our at-home Test Services require you to access the collection kit ("Collection Kit") that you purchased on the Platform or at a retail or other online location. Please carefully read all of the notices and instructions ("Instructions") included in the Collection Kit. You must then (a) collect all biological samples (e.g., blood, saliva, or urine, "Samples") in accordance with the Instructions, and (b) send the Sample(s) directly to the Lab set forth in the Instructions or otherwise indicated on the Platform. If you do not provide an adequate Sample or utilize the Collection Kit or provide it in a manner that is contraindicated or not consistent with any Instructions, or do not return the Sample within the timeframe set forth in the Instructions, the Lab may not be able to process your Sample or such action may result in inaccurate and unreliable readings of the Sample. In the event the Lab determines that a Sample is not suitable for testing due to the content of the Sample or because the Sample may have been submitted in contravention of the Instructions or these Terms and Conditions, we and the Lab reserve the right to withhold the Test Results (defined below) and to not provide a refund.

By sending us a Sample, you are thereby (a) consenting to undergo the related Test Services, (b) and re-affirming to be bound by these Terms and Conditions and Additional Terms and Conditions, (c) representing and warranting that you have read all relevant Instructions and packaging materials provided with the Collection Kit, and authorizing us to transmit your personal information to the Reviewing Practitioner, the Lab, other health providers you identify, third-party payors and their respective business associates and subcontractors, as described in these Terms and Conditions. If you are unsure or if you require any further information, you agree to contact us or a licensed healthcare professional for further information.

iii. Test Results

If your Sample is successfully processed by the relevant Lab, the results of the Test Services ("Test Results") will be made available to you in your Account on the Platform. Except as expressly indicated in the Test Service's packaging or Platform description information, all Test Services are intended for informational, educational, and wellness purposes only. Accordingly, whether or not the Lab performing the Test Services indicates in the Test Results that said results are "positive," "reactive," "detected," "elevated," or any other indication, the Test Results are not intended to diagnose or treat a disease or condition. Furthermore, due to the nature of the Test Services, neither we nor the Lab warrant that the Test Results will be entirely or 100% accurate. Inaccuracies can arise from a number of factors. For example, certain infections, such as sexually transmitted infections, may remain undetectable for an extended period of time due to varying incubation periods. Additionally, there can be instances of "false-positive" and "false-negative" test results, resulting, for example, in an individual who has a specified condition or biomarker receiving a "false negative" Test Result. Accordingly, if you have a "positive," "reactive," "detected," or "elevated" Test Result, or have concerns about your Test Results, you will need a further confirmatory diagnostic test.

If you require any further information, you agree to contact us or a licensed healthcare professional for further information.

iv. Clinician Oversight

In order for a Lab to process your request for Test Services, your primary physician or licensed health professional must assess whether the Test Services are appropriate for you, and should review the Test Results if and when furnished by the Lab. If you receive an Abnormal Result, you should not delay following up with your personal physician. If subscribed to a licensed health professional on our Platform, they will authorize or decline your health test purchases and also receive a copy of your results. You should schedule a time to review your results directly with them.

v. Telehealth Consults

The term "telehealth" involves the delivery of health care services using electronic communications, information technology, or other means between a Practitioner and a patient who are not in the same physical location. Telehealth may be used for diagnosis, treatment, follow-up and/or related patient education. These telehealth services may involve various modalities, including asynchronous interactions, real-time video and audio encounters and interactive audio with store and forward. In the case of a Telehealth Consult, the Practitioner will review available Test Results from any Treatment-Eligible Test Services to determine the scope of services for diagnosis, treatment, and care, including prescribing appropriate medications or tests.

In the event that a Practitioner prescribes a medication to you, you give us and the Practitioner consent to send and disclose to the pharmacy of your choice and other health providers you identify and request to receive all information provided by you, health care records, and other applicable health care information and personal information.

vi. Payment Terms for Test Services and Associated Clinical Oversight and Telehealth Consults

We collect payment for the Test Services on behalf of the Labs, and for the related Clinician Oversight and Telehealth Consults on behalf of Practices, as their respective collection agents. You will be notified of the fees for such services on the Platform, but the fees for all said Services will be included, as possible, in a single charge at the time you purchase the Test Services (the "Aggregate Fee").

The Test Services and related Clinician Oversight and Telehealth Consults are paid for by you and are not intended to be reimbursed by any health plan. Neither we, the Lab nor a Practice or Practitioner submits or processes insurance paperwork or claims for any of these services. You may request that we, Lab or Practice provide you with a detailed accounting of the Services provided to you. This information may enable you to obtain reimbursement for some of your out-of-pocket expenses from your health insurer or heath saving account program. However, the terms and conditions of coverage for Test Services, Clinician Oversight and Telehealth Consults vary by plan, and some or none of these Services may be eligible for coverage or expense reimbursement. By purchasing these Services, you understand and agree that you are the sole party responsible for paying all fees associated with them.

In the event that a Practitioner prescribes a medication to you, your Aggregate Fee will not include the cost of medication.

vii. Additional Terms and Conditions

Prior to scheduling a Telehealth Consult, you will be required to agree and enter into, or acknowledge receipt of Additional Terms and Conditions furnished by Practice, including the Notice of Privacy Practices.

C. On-Demand Telehealth Services

i. Scheduling and Obtaining Telehealth-Only Consults

The Platform may allow you to request, schedule and obtain certain identified telehealth consults from Practitioners independent of Test Services as described from time to time on the Platform ("Telehealth-Only Consults") through the use of synchronous and asynchronous telecommunication technologies. The Practitioner conducting the Telehealth-Only Consult will determine the scope of services for diagnosis, treatment, and care, including prescribing appropriate medications or tests consistent with the types of conditions and clinical offerings described on the Platform for such Telehealth-Only Consults.

ii. Payment Terms for Telehealth-Only Consults

Except as otherwise indicated in the Additional Terms and Conditions, fees for Telehealth-Only Consults will be collected by Practices or their designated collection agent.

By providing payment method information to us, Practice, or Practice's designated representative, you are expressly agreeing that such party is authorized to charge to the payment method you provide to them for any fees for your use of the Telehealth-Only Consults, together with any applicable taxes. You certify that you are an authorized user of the payment method and will not dispute charges for the Telehealth-Only Consults that correspond to fees for the Telehealth-Only Consult or the co-payment required by your health plan.

Practice does not accept all health insurance plans. In such cases, Practice does not submit or process insurance paperwork or claims. You may request that Practice provide you with a detailed accounting of the Telehealth-Only Consult provided to you, which may enable you to obtain reimbursement for your out-of-pocket expenses from your health insurer or health savings account program. However, the terms and conditions of coverage for Telehealth-Only Consults vary by plan, and such Services may not be eligible for coverage or expense reimbursement. By purchasing Telehealth-Only Consults, you acknowledge and agree that you are the sole party responsible for paying all fees associated with the Telehealth-Only Consults, including any fees charged by Practice.

During the Telehealth-Only Consult, the Practitioner may prescribe or order a medication or lab test. The cost of such medications or lab services are not included in the charges for the Telehealth-Only Consult.

iii.

Federal and state health care programs, such as Medicare and Medicaid, do not pay for everything, even some health care services and products that you or your health care provider have good reason to think you need. If you are a beneficiary of a federal or state health care program, and such program does not pay for certain services or products rendered to you, you may have to pay for these services and products. As we understand it, neither federal nor state health care programs currently pay for any of the clinical services or products made available through us.

v. Additional Terms and Conditions

Prior to scheduling a Telehealth-Only Consult or purchasing Test Services, you may be required to agree and enter into, or acknowledge receipt of Additional Terms and Conditions furnished by Practice, including a Telehealth Consent and Notice of Privacy Practices, or by us.

In the event that a Practitioner orders or prescribes a medication or lab test to you, or you give us and Practice consent to send and disclose to the pharmacy or lab of your choice or your insurance carrier or identified health provider you request receive certain information, as the case may be, all information provided by you, health care records, and other applicable health care information and personal information to the applicable third party and their respective business associates and subcontractors.

D. Subscription-Based Health Membership Programs

i. Program Elements of Health Membership Programs

To support individuals with specified care needs and longer-term health care goals, the Platform may allow individuals to request, schedule and obtain a series of bundled health encounters and related services or products involving (depending on the associated Additional Terms and Conditions) health evaluation(s), ordering of Test Services or Products, review of patient data, patient education and counseling, prescribing activities, supplements, and vitamins, each as appropriate and contingent upon on-going participant eligibility in the offering (each such program, a "Health Membership Program"). Health Membership Programs are not intended for use in emergencies or by participants with specialized needs that should be treated by appropriate primary specialists. In the case of an emergency or if you are otherwise in crisis, call 911 immediately.

ii. Program Elements and Excluded Services and Products

As reflected in the applicable Additional Terms and Conditions, Health Membership Programs may include, among other things:

Telehealth consults with a Practitioner, which may include ordering clinical laboratory testing services;
Telehealth consults associated with the prescription of medications relevant to the program;
Delivery of a longitudinal care plan;

The specific Services and Products included in a Health Membership Program will be described in Additional Terms and Conditions describing the program. Any service or product that is not expressly identified as included in a Health Membership Program shall not be included in the program (all such services and products not expressly identified.

iii. Not Insurance.

A Health Membership Program is a direct health care service. Health Membership Programs are not health insurance or a substitute for health insurance, do not meet any individual health insurance mandate under federal or state law, and the payments you make in connection with Health Membership Programs are not insurance premiums. You should keep your existing health insurance coverage while you are participating in Health Membership Programs or obtain health insurance coverage if you do not currently have it.

iv. Your Health Insurance; Prior Authorization.

You understand and agree that you are responsible for paying all fees associated with the Health Membership Program, including any fees charged by the treating Practices and Practitioners for professional services. Accordingly, by purchasing a Health Membership Program, you understand and agree that (a) any and all clinical services rendered by the Practice and Practitioners in a Health Membership Program may not be eligible for coverage or expense reimbursement by your insurance plan or health savings account program, and (b) you are wholly responsible for paying all fees associated with all purchased Health Membership Programs, including any fees charged by the treating Practice and Practitioners. There is no guarantee that your insurance company will make any payment on or otherwise reimburse in any manner any fees or other costs or expenses you incur in connection with a Health Membership Program or any other services you may have purchased.

Additionally, the Practices or us may support your application to a pharmaceutical company for a coupon or discount program for you or on your behalf. As may be set forth in the applicable Additional Terms and Conditions, this would require you to consent and authorize the Practice or us to apply for, and take action necessary to complete such application, coupons or discount programs for you or on your behalf. If you, us or the Practices utilize such coupon or discount program to reduce the out-of-pocket cost of your medication, then you understand and agree that you are subject to the terms and conditions of such coupon.

v. Payment Terms.

In light of the longer-term goals associated with Health Membership Programs, fees for Health Membership Programs are payable as a series of fixed monthly, biannual, or annual recurring charges ("Recurring Charges"). Depending on the Additional Terms and Conditions associated with your Health Membership Program, Recurring Charges can vary, and allocations of such Recurring Charges may differ by period given the party performing the underlying services. The Health Membership Program may also include an initial multi-month commitment set forth in the associated Additional Terms and Conditions, which are payable regardless of whether or not you utilize all elements of the Health Membership Program during that period (the "Commitment Term"). If so, you agree to Recurring Charges for the duration of the Commitment Term regardless of whether or not you elect to complete all encounters included in the applicable Health Membership Program or receive a prescription for a medication by the treating Practitioner. No prescriptions are guaranteed. Accordingly, except as otherwise set forth in the applicable Additional Terms and Conditions, you agree and acknowledge that upon purchase of a Health Membership Program, you shall owe an aggregate sum of all Recurring Charges payable during the Commitment Term ("Up-Front Commitment").

You will have an opportunity to review and agree to the cost of a Health Membership Program prior to purchase during the checkout process. Once purchased, the Recurring Charge will be charged to your Payment Method (as defined in Section 6) on a recurring, monthly, biannual, or annual basis until you, we or the Practice terminates the Health Membership Program. You may terminate a Health Membership Program at any time; provided, however, that (a) if you terminate a Health Membership Program prior to the expiration of the applicable Commitment Term, you authorize us to charge your Payment Method for the remaining balance of your Up-Front Commitment; and (b) once paid, all Recurring Charges are non-refundable. See Section 6(E) for further information on how to cancel a Health Membership Program or contact us by email at [email protected].

Upon termination of a Health Membership Program, you will not be eligible to receive any Health Membership Program services, including prescriptions from your Practitioner. We recommend you talk to your Practitioner before discontinuing treatment as abruptly stopping certain medications for health conditions can impact your health.

vi. Additional Terms and Conditions

In the event that a Practitioner orders or prescribes a medication or lab test for you, or you authorize a Practice to submit a claim for reimbursement to your insurance carrier, you give us and the Practice consent to send and disclose certain information to the pharmacy, lab of your choice, or your insurance carrier, as the case may be. This includes all information provided by you, health care records, and other applicable health care and personal information to the applicable third party and their respective business associates and subcontractors.

E. Other Health and Wellness Products

The Platform may enable you to purchase a variety of health, wellness, and lifestyle Products. It's important to note that the Products and the claims made about specific Products on or through the Platform may not have been evaluated by the United States Food and Drug Administration and may not be intended to diagnose, treat, cure, or prevent disease. Therefore, we recommend consulting with your physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options.

Additionally, the Platform may offer the option to purchase some Products on a subscription basis, involving a series of purchases of eligible Products over a specified frequency, for which you pay a fixed periodic charge ("Product Subscription"). With a Product Subscription, your Payment Method will be automatically charged for each successive subscription period at the then-current advertised percentage discount of the current market price for the applicable Product(s). You authorize us to continue submitting periodic charges until you provide prior notice of cancellation or wish to change your Payment Method. Please note that such notice will not affect charges before we could reasonably act.

We reserve the right to adjust Product Subscriptions as we determine necessary. Any changes to your Product Subscription will take effect following 30 days' notice to you via the email you provided at the time of enrollment in the Product Subscription. While sales taxes and other government-imposed fees are not part of the subscription price, they may be added or adjusted at any time without notice as required by law. Additional payment terms applicable to Product Subscriptions are outlined in Section 6 below.

F. Your Use of Medications Prescribed by a Practitioner

You agree that any prescriptions you receive from a Practitioner are solely for your personal use and that you will not share or distribute any medication to any other person. It's important to carefully read all provided medication information and labels and to contact a physician or pharmacist with any questions about your medication.

6. PURCHASES, SHIPPING, AND PAYMENT METHODS

A. Ordering Services and Products

Before ordering and purchasing any Services and Products on the Platform, please carefully read their descriptions in their entirety. Please note that we reserve the right, at our sole discretion, to refuse or cancel any order for any reason, or to limit the quantity of items purchased per person, per household, or per order. Prices and availability are subject to change without notice.

Please be aware that there may be certain situations in which we are unable to accept and must cancel orders. These may include limitations on quantities available for purchase, or inaccuracies or errors in pricing information. In the event of an order cancellation after your credit or debit card has been charged, we will issue a credit to your account in the amount of the charge that you can use for future purchases.

B. Pricing Information

We reserve the right to change the prices for our Services and Products at any time. We will provide sixty (60) days’ notice before a price change becomes effective. You acknowledge that the prices you paid for a Service or Product may differ from the price paid by others due to discounts or promotions offered to others for which you may not be eligible or which may not be available at the time of your purchase.

While we strive to provide accurate pricing information, errors may occur. If an item is listed at an incorrect price or with incorrect information due to an error in pricing information, we reserve the right, at our sole discretion, to refuse or cancel any orders placed for that item.

C. Shipping

If you are located in the United States, we will arrange for shipment of the Products you purchase on the Platform. You are responsible for all shipping and handling charges specified during the ordering process, which cover the costs we incur in processing, handling, packaging, shipping, and delivering your Products. If indicated on the Product description page, we may offer free or reduced-price shipping on certain qualifying orders.

Please note that shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments, and shipping is not available to locations outside the United States. You are solely responsible for providing accurate shipping information and a valid phone number or email address. Failure to do so may result in additional shipping fees or charges for returning or resending the Product.

D. Payment Method and Taxes

To purchase Services or Products on the Platform, you may use a credit card, debit card, or any other method we introduce at our sole discretion ("Payment Method"). We reserve the right to accept or refuse any form of payment.

When purchasing Services or Products, you must provide valid Payment Method Information, including your credit card number, expiration date, CVV information, billing address, and the cardholder's name. By submitting this information, you authorize us to charge your Payment Method for the purchase and any applicable taxes. You represent and warrant that you have the legal right to use your designated Payment Method and that the charges incurred will be honored by your Payment Method issuer. Additionally, you certify that the information you provide is true, correct, and complete.

As certain fees for Services are fees for clinical, laboratory, and related services rendered by Labs, Practices, and Practitioners, we serve as the billing and collection agent on their behalf to collect such amounts. We reserve the right to cancel any order at any time for any reason. If your Payment Method has already been charged and your order is canceled, you will receive a credit to your Payment Method account for the amount charged.

We use a third-party payment processor ("Payment Processor") to facilitate payments for Products and Services. By submitting Payment Method Information, you grant us the right to provide this information to our Payment Processor. Currently, we use Stripe as our Payment Processor, and you can review their Terms of Service and Privacy Policy for more information.

E. Recurring Payments for Health Membership Programs and Product Subscriptions

If you purchase a Health Membership Program or a Product Subscription, your Payment Method will be automatically charged a monthly or periodic payment for each successive payment period, known as a Recurring Charge. You authorize us to continue submitting Recurring Charges at the applicable prices and frequency until you provide prior notice of cancellation or wish to change your Payment Method.

If your payment is declined, we will place your Health Membership Program or Product Subscription on hold for thirty (30) days and attempt to process payment again within that timeframe. If the payment fails again on the thirtieth day, your subscription will be canceled. However, you may choose to update your Payment Information on your Account and complete payment to avoid cancellation prior to that deadline. Failed payments do not incur extra charges.

To cancel a Health Membership Program or a Product Subscription, you may do so through your Account or by emailing us at [email protected]. We recommend canceling at least 24 hours before the scheduled Recurring Charge date to avoid charges. Upon cancellation, you will no longer receive the associated services or Products.

F. REFUNDS

We reserve the right to issue refunds or credits for any Service or Product at our sole discretion or pursuant to a refund policy. However, please note that we are not obligated to issue the same refund or credit in the future for similar circumstances.

Please email [email protected] if you would like to request a refund. Please refer to your patient agreement with your health professional for more information on refunds.

7. PRIVACY NOTICES

Your use of the Platform is governed by our Privacy Policy. Any health information that we hold on behalf of Labs, Practices, or Practitioners is governed by our or their Notice of Privacy Practices.

8. CHANGES TO THE TERMS AND CONDITIONS

We may revise and update these Terms and Conditions from time to time at our sole discretion. All changes are effective immediately upon posting and apply to all access to and use of the Platform thereafter. If we make material changes that affect your use of the Platform, we will endeavor to notify you via email or by posting a notice directly on the Platform. Your continued use of the Platform following the posting of revised Terms and Conditions constitutes acceptance and agreement to the changes. Therefore, we encourage you to periodically review these Terms and Conditions.

9. ACCESSING THE PLATFORM

We reserve the right to withdraw or amend the Platform or any material we provide without notice. We will not be liable if any part of the Platform is unavailable at any time or for any period. We may restrict access to certain parts of the Platform or the entirety of the Platform from time to time.

10. INTELLECTUAL PROPERTY RIGHTS

A. Generally

The Platform and its contents are owned by us, our licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in the Platform or its content is transferred to you, and we reserve all rights not expressly granted herein.

Our trademarks and trade dress may not be used without our prior written permission. All other trademarks, product names, and company names mentioned on the Platform are the property of their respective owners.

These Terms and Conditions permit you to use the Platform for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Platform, except as provided in these Terms and Conditions.

B. User Submitted Content

If you submit content to the Platform, you grant us a perpetual, irrevocable, worldwide, royalty-free, nonexclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from your content. You are responsible for all content you post on the Platform and may not post any content that violates these Terms and Conditions.

C. Suggestions

If you provide us with suggestions, you grant us the right to use or disclose such suggestions for any purpose without any obligation to you.

11. PROHIBITED USES

You may only use the Platform for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Platform in any way that violates any applicable law or regulation or that may harm the Platform or its users.

Additionally, you agree not to engage in any of the following activities:

Transmitting any advertising or promotional material without our prior written consent.
Impersonating any person or entity.
Interfering with the proper functioning of the Platform.
Attempting to gain unauthorized access to the Platform or its servers.
Introducing viruses or other harmful code.

12. RELIANCE ON INFORMATION POSTED

The Platform may contain content provided by third parties, and we are not responsible for the accuracy or reliability of such content. Any reliance on such information is at your own risk.

13. ACCESS, CORRECTION, AND DATA INTEGRITY

While we strive to maintain the accuracy of the information on the Platform, we make no guarantees as to its correctness, completeness, or accuracy. If you believe that information on the Platform is inaccurate, please contact us.

14. LINKS TO OTHER WEBSITES AND RESOURCES

The Platform may contain links to third-party websites, which are provided for your convenience only. We have no control over the contents of these websites and accept no responsibility for them.

15. ELECTRONIC COMMUNICATIONS

By using the Platform, you consent to receive electronic communications from us and our affiliates. These communications may include notices, updates, and promotional messages. You may opt out of receiving promotional emails.

16. WEBSITE ACCESS, SECURITY, AND PASSWORDS

If you create an Account on the Platform, you agree to provide accurate information and to protect your login credentials. You are responsible for all activities that occur under your Account, and access may be revoked at any time.

17. USER CONTENT AND CONDUCT GUIDELINES

User Content refers to any content, materials, or information (including, without limitation, health information, medical history, conditions, problems, symptoms, personal information, protected health information, consent forms, agreements, graphics, messages, videos, photographs/images, data, questions, requests, comments, suggestions, etc.) that you upload, send, email, display, distribute, post, or otherwise transmit to us, whether at our request or on your own, on or through the Platform. By accessing or using the Platform, you agree not to provide any User Content that:

(a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; or

(b) violates or infringes upon privacy, copyright, trademark, trade dress, trade secrets, or other intellectual property rights, proprietary rights, or any other applicable law or regulation.

Your privilege to use the Platform depends on your compliance with the conduct guidelines outlined above. We reserve the right to monitor your account and may revoke your privileges to use all or some of the Platform and/or take any other appropriate measures, including the removal of any public posts you make that violate these guidelines, to enforce these conduct guidelines if we become aware of violations. Failure to adhere to these conduct guidelines, or any other part of these Terms and Conditions, may result in the termination, at our sole discretion, of your use of, or participation in, any part(s) of the Platform. Violation of this section may also subject you to civil and/or criminal liability.

18. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that authorized files or content available for downloading from the Platform or the internet will be free of viruses, malware, or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, as well as for maintaining an external means for reconstructing any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY ITEMS OBTAINED THROUGH THE PLATFORM, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PLATFORM OR ON ANY WEBSITE LINKED TO THE PLATFORM.

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AT YOUR OWN RISK, AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY OF OUR PARTNERS OR AFFILIATES MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, CURRENCY, ACCURACY, AVAILABILITY, OR OPERATION OF THE PLATFORM, OR THE INFORMATION OR CONTENT INCLUDED THEREON. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM, OUR (AND THE SERVICE PROVIDERS,' INCLUDING LABS, PRACTICES, AND PRACTITIONERS) SERVERS, THE CONTENT, OR COMMUNICATIONS SENT FROM OR ON BEHALF OF US ARE FREE OF SCRIPT VIRUSES, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS, OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR RESPECTIVE LICENSORS AND THE SERVICE PROVIDERS, HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

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