Overview of the Services. The Services may include (i) information on health care and wellness; (ii) access to partner pharmacy services; (iii) technology tools for addressing certain health issues; (iv) development, gathering, and retention of health care records and information for use in provider appointments, communications, and pharmacy services, all of which are provided by third-party, unaffiliated providers; (v) administrative support for scheduling and for payment of provider and pharmacy services; and (vi) telecommunications support for using the Services as a means of direct access to a health care provider for communication, consultations, assessments, and treatment by that provider.
Availability. Certain Services are only available to individuals located in certain states. You will be given notice of any limitation on the availability of a Service in your location when you use that part of the Services, and if a Service is unavailable in your state you will not be able to check out for it.
MDLaunchr is based in the United States and provides the Services for use only by persons located in the United States. We make no claim that the Services or any material in them are accessible or appropriate outside the United States. If you access the Services from outside the United States, you do so at your own risk and are solely responsible for compliance with local laws, including export laws where applicable.
Eligibility. The Services are intended for use only if you are 18 years of age or older. By accessing or using the Services, you represent and warrant that:
- You are 18 or older, or you have the express consent of your parent or legal guardian. Some Services are available only to individuals over 21, and you will be notified of that requirement where it applies.
- You are located in a state where we operate and are permitted by law to operate, depending on the type of Service.
- You agree to be legally bound by and comply with these Terms of Use.
Satisfying these requirements does not guarantee that you will receive Services. MDLaunchr and its affiliated professional entities reserve the right to change or add requirements as they deem appropriate, in their sole discretion, without prior notice. To use the Services you must have compatible devices, internet access, and the necessary software; fees from your carrier or internet provider may apply.
Telehealth services. Through our websites and applications you can obtain an online visit with an independent, licensed health care professional (a "Provider") and mail-order pharmacy services for any medication prescribed to you. This is a form of telehealth: the delivery of health care services using electronic communications between a Provider and a patient who are not in the same physical location. Consistent with the applicable standard of care, telehealth may be used for diagnosis, treatment, follow-up, and patient education, and may include:
- Electronic transmission of medical records, photo images, personal health information, or other data between you and a Provider;
- Interactions between you and a Provider via audio, video, or asynchronous data communications such as secure messaging and email; and
- Use of data from remote monitoring devices, medical devices, and sound or video files.
The systems used in the Services incorporate network and software security protocols to protect the privacy, security, and integrity of your health information. By accepting these Terms of Use, you agree and consent to MDLaunchr, its contracted physician practices, the Providers contracted or employed by those practices, and any other health care organization or provider with whom we contract to provide the Services sending you disclosures, notices, messages, reports, and other communications in writing or electronically, including through your account or by email. It is your responsibility to monitor these communications.
Possible benefits and limitations of telehealth
- Telehealth can make accessing medical care easier, more efficient, and less expensive, at times that are convenient for you and without an in-office appointment.
- Information transmitted to your Provider may not be sufficient for appropriate medical decision-making, or your Provider may not be able to treat your condition by telehealth, and you may be required to seek alternative care.
- Because your Provider cannot conduct certain tests or assess vital signs in person, the Provider may in some cases be unable to diagnose or treat you or to identify that you need urgent care.
- Your care could be delayed by technological failures that interrupt the Services, and data security safeguards could fail and cause a breach of your identified health information.
- Because of the nature of the Services and regulatory requirements in certain jurisdictions, your treatment options, especially for certain prescriptions, may be limited.
Consent to telehealth
By accepting these Terms of Use, including this Consent to Telehealth, you acknowledge and agree that:
- You have read this Consent to Telehealth carefully and understand the risks and benefits of using telehealth in your medical care and treatment.
- You give your informed consent to receive medical care and treatment by telehealth from Providers contracted with MDLaunchr.
- Telehealth is an evolving field, and its use in your care may include uses of technology not specifically described in this consent.
- As with any medical care, no benefits or specific results can be guaranteed; your condition may not be cured or improved and in some cases may get worse.
- You have a duty to answer questions about your health and medical history honestly and accurately, and to keep all of your health care providers, including your Provider, up to date on any changes in your health, symptoms, treatments, or medications. Withholding or providing inaccurate information to obtain treatment may result in harm to you, including, in some cases, death.
- Your Provider may determine, in his or her sole discretion, that your condition is not suitable for treatment by telehealth, and you may need to seek care in person or from an alternative source.
- The Services enable coordination and communication with a Provider and do not replace your relationship with any existing health care provider.
- You cannot obtain emergency care through the Services. If you are experiencing a medical emergency, call 911 and seek immediate medical treatment.
- Your information, including your identified health information, will be collected, used, shared, and protected as described in the Privacy Policy, and you authorize MDLaunchr and your Providers to do so for treatment, payment, health care operations, and any other purpose permitted by law.
- You have access to your health and wellness information from your telehealth consultation in accordance with applicable law. MDLaunchr and your Provider will share your telehealth record with your other health care providers only with your consent and at your request; you can arrange this by emailing hello@whitelabelclinic.com with your consent and the provider's name, address, and phone number.
- A technical failure affecting the Services may result in the loss of your information or interrupt your online visit. In addition to the disclaimers in these Terms of Use, you agree to hold MDLaunchr harmless for any loss of information or delay in care resulting from a technical failure.
- You can withhold or withdraw this consent at any time by emailing hello@whitelabelclinic.com. Otherwise, this consent is considered renewed upon each new telehealth consultation with a Provider.
Your relationship with MDLaunchr
MDLaunchr does not provide medical services, including through the Services. MDLaunchr provides a technology platform through which you can access a health care provider employed by or contracted with a partner physician practice and obtain additional information that you may or may not choose to use in planning your health care and wellness. The health and wellness resources made available through the Services are for informational purposes only, are not a substitute for direct in-person health care in all cases, and are not an indicator of specific results. Decisions about diagnosis and treatment rest with you and your Provider. By coordinating and consulting with a contracted physician practice or its Providers through the Services, you are not entering into a physician-patient relationship with MDLaunchr, and except for specific communications from a contracted physician practice or its Providers, nothing you receive through the Services should be considered medical advice.
No insurance accepted; notice of your financial responsibility
MDLaunchr and the contracted physician practices do not accept commercial health insurance plans, are not in-network with any commercial health insurance plan, and are not enrolled in federal or state health care programs such as Medicare and Medicaid. By choosing to use the Services, you are specifically choosing to obtain products and services on a cash-pay basis outside any commercial health insurance plan or federal or state health care program, and you are solely responsible for the cost of any services or products provided to you. If you are a federal health program beneficiary, you agree that neither you, MDLaunchr, the contracted physician practices, nor any health care organization or provider with whom we contract will submit a claim for reimbursement to any federal or state health care program for the cost of services and products provided through the Services. See the Payments section below for additional payment terms.
Pharmacy services
If you receive a prescription as a result of your use of the Services, the medication will be dispensed by a licensed pharmacy. You consent to our sending and disclosing to the pharmacy all information you provided, your health care records, and other applicable health and personal information (such as your name, location, and demographic information) so that you can receive pharmacy services, including any dispensed medication. You acknowledge that your medication may not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
Although certain parts of the Services are accessible without an account, you may be required to create one to access and use others. If you create an account, you agree to provide information that is accurate, complete, and correct, and to maintain and update it. If you do not, or if MDLaunchr has reasonable grounds to suspect as much, MDLaunchr may suspend or terminate your account and your use of the Services. You agree to keep your username and password confidential and to sign out at the end of each session. You are responsible for all activity under your account and for maintaining the confidentiality of your password, and you agree to notify MDLaunchr immediately at hello@whitelabelclinic.com of any unauthorized use of your credentials or any other breach of security involving the Services. MDLaunchr may take any action it deems necessary or reasonable to maintain the security of the Services.
You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password, create more than one account, or use anyone else's account. MDLaunchr disclaims liability for any losses or damages arising from your failure to comply with this section.
MDLaunchr understands the importance of confidentiality and privacy regarding your health information. Our Privacy Policy explains how we collect and use your information and is incorporated into these Terms of Use by reference.
Ownership. As between MDLaunchr and you, MDLaunchr is the sole and exclusive owner of all right, title, and interest in the Services and their content, features, and functionality, including all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel ("Services Content"). You may not reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display or perform, republish, download, store, transmit, sell, or otherwise exploit any part of the Services or Services Content except as permitted by these Terms of Use or expressly by MDLaunchr in writing. Any copy, modification, adaptation, translation, or derivative work of the Services or Services Content is owned solely by MDLaunchr or its licensors, including all intellectual property rights. You may not access or use any part of the Services or Services Content for commercial purposes.
Certain names, logos, and other materials displayed in the Services may be trademarks, trade names, service marks, or logos ("Marks") of MDLaunchr or its affiliates. You are not authorized to use any Marks without MDLaunchr's express written permission. Ownership of the Marks and the associated goodwill remains with us or our affiliates.
Your license. Subject to your compliance with these Terms of Use, MDLaunchr grants you a personal, limited, revocable, non-exclusive, and non-transferable right to view, download, access, and use the Services and Services Content solely for your personal, non-commercial use and only as permitted by these Terms of Use and the Privacy Policy. No other right, title, or interest is transferred to you, and all rights not expressly granted are reserved by MDLaunchr or its licensors.
Except as provided in our Privacy Policy or governed by applicable federal and state privacy laws, any information you provide through the Services, whether by direct entry, submission, email, or otherwise, including data, questions, comments, forum communications, and suggestions or feedback, will be treated as non-confidential and non-proprietary and will become the property of MDLaunchr and/or the contracted physician practices or individual Providers furnishing the Services ("User Content").
Except as provided in our Privacy Policy or applicable law, MDLaunchr may use User Content for any purpose, including reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting, and may develop and market products using it, without compensation to you. You grant MDLaunchr, our service providers, our successors and assigns, our affiliated health care providers, and their contracted physician practices a fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Services for the purposes of providing Services to you, marketing Services to you, conducting research or analyses, and designing, developing, implementing, modifying, or improving MDLaunchr's current or future features, products, and services. Any User Content you publish in a public forum will be viewable and copyable by other users and potentially the public at large.
We do not assume responsibility or liability for User Content found in any public forum, nor for any claims, damages, or losses resulting from use of any public forum or the User Content in it.
You acknowledge and agree that we may access, monitor, preserve, and disclose your information and any User Content you submit if required to do so by law or in a good-faith belief that doing so is permitted by law or reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use, our Privacy Policy, or other contracts with you, including investigation of potential violations; (3) respond to claims that any content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property, or personal safety of MDLaunchr, its agents and affiliates, its users, and the public. This includes exchanging information with other companies and organizations for fraud protection, spam and malware prevention, and similar purposes.
MDLaunchr reserves the right to remove any content, material, or information available on or through the Services at any time and for any reason. MDLaunchr complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. § 512, as amended) and responds to clear notices of alleged copyright infringement.
Notification of claimed copyright infringement. If you object to copyrighted content or material made available through the Services, send a notification to our Designated Agent at hello@whitelabelclinic.com. Any notification under 17 U.S.C. § 512(c) must include:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
- Identification of the copyrighted work or other intellectual property you claim has been infringed, or a representative list if multiple works are covered by one notification;
- Identification of the content or material you claim is infringing and where it is located on the Services;
- Information sufficient for MDLaunchr to contact you, such as your address, telephone number, and/or email address;
- A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
- A signed statement that the information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf.
You agree that in using or accessing the Services you will not, and will not attempt to:
- Impersonate any person or entity or misrepresent your affiliation with a person or entity;
- Violate any local, state, national, or international law, including export laws;
- Reverse engineer, disassemble, decompile, or translate any software or other component of the Services;
- Distribute, upload, transmit, or propagate any virus, Trojan horse, or other harmful code that could damage or alter a computer, device, network, data, the Services, or any other system or property;
- Access or use the Services in any manner or for any purpose that infringes, misappropriates, or violates the intellectual property or other rights of any third party;
- Use any robot, spider, scraper, or other automated means to access the Services without our express prior written permission, or bypass measures we use to prevent or restrict access;
- License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services, Services Content, or User Content except as expressly permitted here;
- Create or develop competing products or services, or use the Services for any purpose that is to MDLaunchr's detriment or commercial disadvantage;
- Damage, disrupt, disable, impair, overburden, or interfere with the Services, Services Content, or User Content, in whole or in part;
- Use framing techniques to enclose any trademark, logo, or the Services without our express prior written consent;
- Post or transmit content that, as we determine in our sole discretion, is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, violent, demeaning, intimidating, discriminatory, or otherwise objectionable; infringes our or any third party's rights; is derogatory or harmful to our reputation or that of our licensors, contracted health care providers or practices, or their personnel; may incite violence or other unlawful activity; is harmful to children; or attempts to obtain the personal information of other users;
- Harm, harass, threaten, abuse, defame, demean, discriminate against, or intimidate any affiliated health care provider, as we determine in our sole discretion;
- Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Services or any computer network, or circumvent any security or technological measure implemented by MDLaunchr or its service providers;
- Remove, alter, or obscure any trademark, specification, warranty, disclaimer, or copyright, trademark, patent, or other proprietary notice from the Services, Services Content, or User Content;
- Use any manual process or automated device to monitor or copy content from the Services for any unauthorized purpose;
- Send, or procure the sending of, any advertising or promotional material without our prior written consent, including junk mail, chain letters, spam, or similar solicitations;
- Copy, download, store, publish, transmit, aggregate, or otherwise reproduce or use any data, text, reports, or other materials related to MDLaunchr or third-party content from the Services as the basis for a database or in any other unauthorized form;
- Otherwise use the Services in a manner that exceeds the scope of use granted here, or encourage or enable anyone else to do any of the foregoing.
You expressly agree that use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis. MDLaunchr and its affiliates, including all contracted physician practices, and their respective officers, directors, managers, partners, members, employees, and agents (collectively, "Related Persons") make no representations or warranties and expressly disclaim all warranties of any kind, whether express or implied, with respect to the Services, including any warranty of merchantability, fitness for a particular purpose, non-infringement, title, availability, security, operability, condition, quiet enjoyment, value, accuracy of data, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery, or system integration. We make no warranty that your use of the Services will not infringe the rights of third parties.
To the fullest extent permitted by applicable law, neither MDLaunchr nor its Related Persons will be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness, timeliness, reliability, and usefulness of the Services, Services Content, and User Content. MDLaunchr does not guarantee that the Services will be uninterrupted or free from error, defect, loss, delay, corruption, cyber attack, viruses, interference, hacking, malware, or other security intrusion, and disclaims any liability relating to them. Any content, material, or information obtained through the Services is used at your sole risk, and you are solely responsible for any damage to your computer or mobile device or loss of data that results from downloading or relying on it.
To the extent permitted by applicable law and except as set forth in this section, in no event will MDLaunchr, its Related Persons, or its licensors be liable to you or any party for any claims, liabilities, losses, costs, or damages under any legal or equitable theory, whether in tort (including negligence and strict liability), contract, warranty, statute, or otherwise, including any indirect, incidental, special, consequential, punitive, or exemplary damages; damages for loss of revenues, profits, goodwill, use, or data; service interruption, computer or mobile device damage, or system failure; the cost of substitute products or services; or damages for personal or bodily injury or emotional distress, including death, arising out of or in connection with any access to or use of (or inability to use) the Services or any Services Content, or other intangible losses related to your use of the Services. This is true even if MDLaunchr or its Related Persons have been advised of the possibility of such damages.
In no event will the total liability of MDLaunchr or its Related Persons to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, exceed in the aggregate the greater of (i) one hundred dollars ($100) or (ii) the amount you paid, if any, for accessing the Services in the twelve months preceding the applicable claim.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages, so some of these limitations may not apply to you. If you are a resident of New Jersey or another U.S. state that permits the exclusion of these warranties and liabilities, the limitations in this section specifically do apply to you.
You agree to indemnify, defend, and hold harmless MDLaunchr, its affiliates, its contracted health care practices, its subsidiaries, and all of their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including reasonable attorneys' fees, litigation expenses, and accounting fees) relating to or arising from, or alleged to arise from, (i) your unauthorized use of the Services or the materials or features available on them, (ii) your fraud, violation of law, negligence, or willful misconduct, or (iii) any breach by you of these Terms of Use.
The Services may contain hyperlinks, plug-ins, products, or features operated by third parties ("Third-Party Services"). Third-Party Services are not under our control, and we are not responsible for the information, products, or services they describe or for their content or features. We provide them only as a convenience; their inclusion does not imply endorsement or any association with their operators. Your use of Third-Party Services is at your own risk, and we are not liable to you, directly or indirectly, for any content, errors, damage, or loss caused by or in connection with them. If you arrived at the Services through a Third-Party Service, only these Terms of Use apply to your use of the Services.
No agency relationship is created between MDLaunchr and any user or third party. We will not be involved in resolving disputes between users, or between a user and a third party, relating to a transaction between them, and we urge the parties to cooperate to resolve such disputes. If you have a dispute with one or more other users or third parties through your use of the Services, you release MDLaunchr, its officers, employees, agents, and successors from claims, demands, and damages of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Services.
The Services are continually under development, and MDLaunchr may revise or remove any part of these Terms of Use in its sole discretion at any time without prior notice. Check the Terms of Use from time to time when you use the Services. Changes are effective upon posting unless applicable law requires additional notice or other action first. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue use of the Services; continued use after a change is posted constitutes acceptance of the change.
You acknowledge and agree that all or part of the Services may be inaccessible at any time, for any period, or for any reason, and that MDLaunchr will not be liable if all or part of the Services is unavailable. MDLaunchr may modify, or temporarily or permanently discontinue, the Services or any portion of them at any time and for any reason, with or without notice, and will not be liable to you or any third party for doing so.
You agree to pay all fees due for Services you request at the fees and under the payment terms presented to you when you transact through the Services. Prices are subject to change at any time in our sole discretion. When you enter your payment details, such as credit card information and any promotional codes, and submit your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.
You are responsible for all fees for health care services and pharmacy services, including fees charged by the health care organizations or providers that serve you in connection with the Services. Your payments to MDLaunchr may include fees charged by those organizations or providers, which MDLaunchr collects on their behalf. Health care or pharmacy services not provided by us, by a contracted physician practice, or by MDLaunchr's pharmacy network are not included in the payments MDLaunchr collects, and you may be charged separately for them. If your card expires or a payment cannot be processed, you may be asked to provide an alternative payment method. MDLaunchr and the health care organizations and providers have no obligation to provide services unless and until full payment has been received and verified. You are responsible for keeping your payment information accurate and up to date.
Certain products or services may be offered on a subscription basis ("Subscription Services"). For Subscription Services, your payment method will be charged automatically at the intervals described during checkout. You may cancel a subscription at any time before the cancellation cutoff date indicated when you purchased it, and you will be told how to cancel.
Except as otherwise set forth in any return or refund policy provided to you on the Services, you acknowledge and agree that, due to the nature of the products and services purchasable through the Services, fees and other charges are not refundable in whole or in part. You are fully liable for all charges to your account, including any unauthorized charges.
These Terms of Use remain in full force and effect as long as you access or use the Services. You may terminate them at any time by discontinuing use of the Services. Your permission to use the Services terminates automatically if you violate these Terms of Use.
MDLaunchr may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Services, with or without prior notice, for any reason and at any time, including for violations of these Terms of Use. The following provisions survive expiration or termination for any reason: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, and Severability; No Waiver; and Assignment.
Subject to applicable law, MDLaunchr may maintain, delete, or destroy all communications and materials posted or uploaded to the Services under its internal record-retention and content-destruction policies. After termination, MDLaunchr has no further obligation to provide the Services, except to the extent a contracted professional entity is obligated to give you access to your health records or to provide continuing care under applicable legal, ethical, and professional obligations. If your use of the Services is terminated under these Terms of Use, you agree not to attempt to use the Services again, and to indemnify and hold MDLaunchr harmless from any liability it incurs if you violate this restriction.
Please read this section carefully. It requires you and MDLaunchr to resolve all disputes between us through binding individual arbitration and limits the manner in which you can seek relief from MDLaunchr. By entering into these Terms of Use, you and MDLaunchr are each waiving the right to a trial by jury and the right to participate in a class action.
Governing law. These Terms of Use and your use of the Services are governed by the Federal Arbitration Act, applicable federal law, and, to the extent state law applies, the laws of the state in which MDLaunchr is organized, without giving effect to conflict-of-laws principles. Subject to the requirement to arbitrate in this section, exclusive jurisdiction for any dispute that does not require arbitration will be the state and federal courts located in that state, and you consent to the jurisdiction of those courts.
Binding arbitration. Except as described under "Exceptions" below, you and MDLaunchr agree that every dispute arising in connection with these Terms of Use, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow more limited discovery, and is subject to very limited review by courts. This agreement covers all claims, whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation, common law, constitutional provision, respondeat superior, agency, or any other legal or equitable theory, regardless of whether the claim arises before or after the effective date or the termination of these Terms of Use. Any dispute about the interpretation, applicability, or enforceability of this arbitration agreement will be resolved by the arbitrator.
Exceptions. Nothing in these Terms of Use waives, precludes, or limits the right of either party to (a) bring an individual action in small claims court, (b) file suit in a court of law to address an intellectual property infringement claim, or (c) seek injunctive relief in a state or federal court.
Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") as modified by these Terms of Use. The AAA Rules and filing forms are available at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting MDLaunchr.
Commencing arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party (a "Notice of Arbitration"). Notices to MDLaunchr must be sent by email to hello@whitelabelclinic.com; notices to you will be sent to the email address associated with your account or, if you have provided a current physical address, by certified U.S. Mail or courier with signature required. The Notice of Arbitration must (a) identify the name or account number of the party making the claim, (b) describe the nature and basis of the claim or dispute, and (c) set forth the specific relief sought (the "Demand"). The parties will make good-faith efforts to resolve the claim directly, and if they do not reach agreement within 30 days after the Notice of Arbitration is received, either party may commence arbitration. If you commence arbitration in accordance with these Terms of Use, MDLaunchr will reimburse your filing fee unless your claim exceeds US $10,000 or MDLaunchr has received 25 or more similar demands, in which case fees are decided under the AAA Rules. If the arbitrator finds that the substance of the claim or the relief sought is frivolous or brought for an improper purpose (as measured by Federal Rule of Civil Procedure 11(b)), all fees will be governed by the AAA Rules and MDLaunchr may seek reimbursement of any fees paid to the AAA.
Arbitration proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise. If the claim is for US $10,000 or less and does not seek injunctive relief, you may choose whether the arbitration is conducted (a) solely on the basis of documents submitted to the arbitrator, (b) through a telephonic or video hearing, or (c) by an in-person hearing under the AAA Rules in the county or parish of your billing address. The amount of any settlement offer must not be disclosed to the arbitrator until after a final decision and award. The arbitrator must issue a reasoned written decision explaining the essential findings and conclusions on which any decision and award are based.
Arbitration relief. Except as provided under "No class actions," the arbitrator can award any relief that would be available in a court of competent jurisdiction. The award is final and binding on all parties, and judgment on it may be entered in any court having jurisdiction.
No class actions. You and MDLaunchr agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and MDLaunchr agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
Limited time to file claims. To the fullest extent permitted by applicable law, any dispute subject to arbitration under these Terms of Use must be commenced by delivery of a Notice of Arbitration within one year after the dispute arises, or it will be forever barred.
Severability. All parts of these Terms of Use apply to the maximum extent permitted by law. If any part cannot be enforced as written, it will be replaced with terms that most closely match its intent, to the extent permitted by law, and the remaining provisions remain valid and enforceable. Section headings are for convenience only and have no force or effect.
By opting in to receive text (SMS) messages from MDLaunchr, or by sending MDLaunchr an initial text message (an "SMS Enrollment"), you consent to receiving text messages about your MDLaunchr account and use of the Services. These may include order confirmations, shipping notifications, messages from your health care provider, and other transactional messages, as well as promotional and marketing notifications to the extent you have opted in to receive them.
With your SMS Enrollment, you represent and understand that (1) you are the owner or authorized user of the mobile device used for the SMS Enrollment, (2) you are authorized to approve any applicable charges for text messages you send to and receive from MDLaunchr, (3) you are responsible for all messaging and data charges that may apply, and (4) neither MDLaunchr nor any mobile carrier is liable for delayed or undelivered messages.
Access to the Services is not conditioned on your consent to receive marketing or promotional text messages, and you can opt out of any MDLaunchr SMS service at any time by texting "STOP" in reply from the subscribed device. We may send one final message confirming that you have been unsubscribed. If you have opted in to more than one type of text message, you will need to opt out of each one; until you do, you may continue to receive the types you have not unsubscribed from.
MDLaunchr takes the privacy and security of your health and other sensitive information seriously, but the transmission of information over the internet and mobile networks is not completely secure. Text messages and emails you send to or receive from MDLaunchr are not encrypted and may be intercepted by third parties. If you choose to send or receive health or other sensitive information by text message or email, you do so at your own risk. By initiating an SMS Enrollment or providing your email address, you consent to sending and receiving unencrypted messages. If you have any issues with our text or email services, or concerns about sending sensitive information by text or email, contact us directly; for questions about your text or data plan, contact your wireless provider.
No waiver. No waiver by MDLaunchr of any term or condition of these Terms of Use is a further or continuing waiver of that term or a waiver of any other term, and any failure by MDLaunchr to assert a right or provision does not constitute a waiver of it.
No agency relationship. Neither these Terms of Use nor any Services Content, materials, or features of the Services create a partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
Remedies. You agree that any violation or threatened violation of these Terms of Use by you constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm, that monetary damages would be inadequate, and that we may obtain any injunctive or equitable relief we deem necessary or appropriate, in addition to any other remedies available at law or in equity.
Assignment. You may not assign any of your rights under these Terms of Use, and any attempt to do so is void. MDLaunchr and its affiliates may transfer all contractual rights and obligations under these Terms of Use without further consent or notice if some or all of MDLaunchr's business is transferred to another entity by merger, sale of assets, or otherwise.
Notice for California users. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This release includes the criminal acts of others.
Headings; entire agreement. Headings are for convenience only and do not limit or affect any provision. These Terms of Use are the entire agreement between you and MDLaunchr on their subject matter and supersede all previous communications, representations, understandings, and agreements, oral or written, on that subject, excluding any other agreements you may have entered into with MDLaunchr.
If you have any questions about these Terms of Use, please contact MDLaunchr at:
See also the Privacy Policy, which is incorporated into these Terms of Use.