Terms Of Service

By indicating your agreement, checking a relevant box, or accepting these terms and conditions in any other manner, you acknowledge that you have read, accepted, and consented to be bound by this agreement. If you do not agree to these terms and conditions, please refrain from creating an account or using the service. By doing so, you authorize any authorized party to accept these terms and conditions on your behalf.

The Platform, including the websites at www.enov.one, app.enov.one  and the mobile application “Enovone” (referred to collectively as the “Platform“), is owned and operated by Enovone, also known as “Enovone,” “we,” or “us.” Your access to and use of the Platform, its content, products, and services, including any affiliated websites, software, or mobile applications owned or operated by Enovone, are governed by these Terms and Conditions (“Agreement“). The Service is intended for use by customers located within the United States.

Before accessing or using the Service, please carefully read this Agreement. Throughout this Agreement, the terms “you” and “yours” refer to the individual using the Service.

In the event of a medical emergency, please contact your doctor immediately or dial 911. The Service may not be suitable for all medical conditions or concerns. Please be aware that this Agreement may be subject to change as described herein. If any modifications are made to the terms of this Agreement, we will publish the updated version on our Platform, and the “Last Updated” date will indicate the changes. By continuing to use the Service after such modifications have been posted, you agree to the revised terms.

Unless you opt-out of arbitration as specified in these terms and conditions, any disputes arising from or relating to this Agreement or the Service will be resolved through binding individual arbitration. By agreeing, you are waiving your rights to a jury trial and to participate in class-action lawsuits or arbitrations conducted on a class-wide basis. Exceptions and opt-out details are provided below.

We offer certain products and services through the Service to users who register with us (“Users”). These may include products and services provided by Enovone or by third-party medical providers, pharmacies, or vendors. Prescription fulfillment services are provided by Empower Pharmacy. Additionally, you may have access to healthcare and mental health services provided by medical professionals within our approved network. These professionals collaborate with physicians, allied health professionals, and mental health professionals who offer services through the Platform. By accepting this Agreement, you acknowledge and agree that the Labs, Pharmacies, Medical Groups, and Providers are third-party beneficiaries of this Agreement.

Enovone does not control or interfere with the practice of medicine or mental health care by the Medical Groups or Providers. By using the Service, you acknowledge that Enovone is not a healthcare provider and that you are not entering into a doctor-patient or other health care provider-patient relationship with Enovone. You may, however, establish such a relationship with the Medical Group and/or Providers. It is your responsibility to monitor and respond to these communications, and neither Enovone nor the Medical Group nor any Provider will be liable for any loss, injury, or claims resulting from your failure to read or respond to these messages or comply with treatment recommendations or instructions.

While you are not establishing a doctor-patient or other health care provider-patient relationship with Enovone, you are establishing a direct customer relationship to use the Service, including purchasing non-prescription products or non-medical services directly from Enovone via the Service. In this relationship, you may provide personal information, including health information, which is subject to use in accordance with our Privacy Policy. Please refer to our privacy policy for more details.

Enovone and the Medical Groups are not enrolled with, and are not participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any health care or mental health services or supplies. As a result, neither you nor Enovone or the Medical Groups may receive payment from such programs for the services or products provided to you by Enovone or the Medical Groups. Additionally, if any of the Labs, Pharmacies, or Providers are enrolled in federal or state healthcare programs, the services and products provided through the Service may not be covered benefits under these programs due to the means through which they are provided. By choosing to use the Service, you are explicitly opting for cash basis payment outside of any federal or state healthcare program. Consequently, you are solely responsible for the costs associated with any service or product provided to you.

By agreeing to use the Service, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any federal or state healthcare program, and you have sole financial responsibility for all services or products provided to you by or through the Service, and (2) neither you nor Enovone, the Labs, the Pharmacies, the Medical Groups, or the Providers will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Service.

Certain products and services available for purchase through the Service may require you to subscribe to an automatically renewing payment plan. If you choose a subscription-based product or service, your payment method will be charged at regular intervals, as described during the checkout process, until you cancel your subscription. We and/or the Providers may reach out to you through the Service from time to time to request updates to your information and facilitate ongoing subscriptions. You can cancel a subscription at any time up to forty-eight (48) hours before the renewal processing date by using the Service, emailing admin@enov.one   directly, calling 1-707-780-2576, or through your online account. Cancellations take effect at the end of the current subscription period. Refunds for partially used subscription periods are not provided, except on a case-by-case basis at our sole discretion. We may also offer the option to pause your subscription for a specified period, with automatic charging resuming if you do not cancel before the end of the pause period.

To simplify the user experience, you will only see and pay a single “total” subscription price. However, if a subscription product requires a Provider consultation, includes a prescription product filled through one of the Pharmacies, or involves mental health services, the total price you pay includes charges for the Service, the prescription drug from the Pharmacy, and the services of the Provider from the Medical Group, as applicable. These amounts are collected on behalf of and paid to the Pharmacies and Medical Groups, respectively.

Certain products available through the Platform necessitate a valid prescription from a licensed healthcare provider.

If a Provider deems a prescription product appropriate and writes a prescription, prescription products can be filled through one of the Pharmacies via the Platform, as prompted during your use of the Service. Prescription products filled by the Pharmacies do not come in child-resistant packaging.

If you complete a consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription product is shipped to you by the Pharmacy, and the associated costs are included in the total charged by the Service, as described in the “Subscription Products” section above.

Prescription products available through the Platform are considered “Third-Party Goods and Services” as defined in the relevant section of the Agreement.

Certain laboratory products and services, such as at-home testing kits and services, provided on the Platform, require a valid prescription or order from a licensed healthcare provider. Access to these laboratory services is contingent upon completing a consultation with one of the Providers, who will determine the suitability of the laboratory product or service for you and issue the necessary prescription or order.

Presently, laboratory products and services available on the Platform can only be obtained and fulfilled through the Labs and are not accessible via local laboratories. If you receive laboratory products or services from a Lab through the Platform, the corresponding testing materials will be shipped to you by the respective Lab. The costs associated with the laboratory products and services are incorporated into the total amount charged to you by the Service.

Please note that laboratory products and services provided through the Platform are considered “Third-Party Goods and Services,” as detailed in the corresponding section of this Agreement.

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AVAILABILITY AND USAGE RESTRICTIONS

Our Service is presently accessible to individuals who are physically located in the states where we offer our services. Additionally, users must be at least eighteen (18) years old or have reached the age of majority in their jurisdiction of residence if it exceeds eighteen (18).

By visiting, accessing, registering with, or using the Service, (a) you affirm that you are at least eighteen (18) years old or have reached the age of majority in your jurisdiction of residence. (b) Confirm that when using the Service to consult with a Provider, you are physically located in the same state as the provided shipping address in your account during the consultation. (c) Agree to comply with all relevant laws while visiting, accessing, registering, or using the Service. (d) Commit to using the Service exclusively for lawful purposes.

Please note that our Service is subject to state regulations and may undergo changes over time to adhere to evolving regulatory requirements. Some products available through the Service may have specific restrictions, and not all products or services are accessible to all jurisdictions.

In certain cases, the Service may not be the most suitable means for sharing information, communicating, or seeking medical and/or mental health care from a healthcare provider or mental health professional. For instance, certain medical conditions may necessitate an in-person procedure or a healthcare provider other than your current Provider. Alternatively, your Provider may determine that an in-person office visit is required for diagnosis and/or treatment, as it may not be adequately addressed through the Service. In such instances, you will receive a notification informing you that the Service cannot be utilized for the specific issue submitted, accompanied by additional instructions for further steps.

AGREEMENT TO USE TELEHEALTH SERVICES

Telehealth refers to the provision of health and mental health care services through electronic communication, information technology, or other methods between a healthcare provider or mental health professional and a patient who are not physically present in the same location. While telehealth services may offer certain advantages, it is important to recognize the potential risks associated with their use. These services are not intended to replace in-person care in all situations. To utilize the Service, you will need to review and consent to a telehealth agreement (referred to as the “Patient Consent”) provided to you through the Service. You acknowledge that Enovone is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.

RESPONSIBILITY FOR INFORMATION, ACCESS, AND CONNECTIVITY

You are accountable for ensuring that you have the necessary software and hardware capabilities, at your own risk and expense, to utilize the Service effectively. This includes having a computer or mobile device equipped with a video camera and access to the internet, in accordance with any technical or quality requirements specified by the Service. Any fees incurred, such as internet or mobile charges, while accessing the Service are your sole responsibility. Furthermore, you have an obligation to provide truthful, accurate, and complete information when completing forms or communicating through the Service. We reserve the right to modify the access configuration, including software, hardware, or other requirements of the Service, without prior notice.

PRIVACY POLICY

Enovone understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use and disclose your personal information.

PROTECTION OF HEALTH INFORMATION

By creating an account with Enovone, you establish a direct customer relationship with us, granting you access to the various features and functions of the Service as a user. Within this relationship, you provide us with information such as your name, email address, shipping address, and phone number. We collect, use, and disclose this information in accordance with our Privacy Policy. It’s important to note that this information is not considered “health” or “medical” information.

However, while using specific components of the Service, you may also provide medical information that may be protected under applicable laws. Enovone is not classified as a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its associated regulations. The Labs, Pharmacies, or Medical Providers may or may not be considered “covered entities” or “business associates” under HIPAA, and Enovone may, in certain cases, function as a “business associate” of a Lab, Pharmacy, or Medical Group. It’s essential to understand that the involvement of health information alone does not necessarily invoke HIPAA, and your interactions with Enovone, Medical Groups, Providers, Labs, or Pharmacies may not fall under HIPAA regulations. However, if Enovone is deemed a “business associate,” we may be subject to specific provisions of HIPAA regarding “protected health information” (PHI) that you provide to the Labs, Pharmacies, or Medical Groups. Additionally, any medical or health information that you provide, which is subject to particular protections under state laws, will be handled in accordance with those laws. Information that does not qualify as Protected Information under applicable laws may be used or disclosed as permitted by our Privacy Policy. Please note that Protected Information does not include de-identified information in compliance with HIPAA.

The Medical Groups and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Information. By accessing or using any part of the Service, you are acknowledging receipt of the Notice of Privacy Practices from your Medical Group and Provider(s).

INFORMATION PRIVACY AGREEMENT

By utilizing our Service, you acknowledge and consent that any information you provide to Enovone, beyond what is necessary for diagnosis, treatment, prescription fulfillment, or laboratory services, will not be considered as Protected Information. Instead, such information will be governed by our Privacy Policy and applicable state laws regarding the privacy and security of personal information.

REGISTRATION AND USER ACCOUNTS

To access our Service, you are required to create an account on our Platform. This account is exclusively granted to registered users with unique usernames and passwords. Please note that the information you provide during the registration process, such as your name, username, email address, shipping address, and phone number, will not be classified as Protected Information under the previously mentioned section. It is your responsibility to maintain accurate and up-to-date information. Failure to do so or providing false, inaccurate, or incomplete information may result in the suspension or termination of your account and access to the Service. If you suspect any unauthorized use of your account or encounter a security breach, please promptly notify Enovone by emailing admin@enov.one. Safeguarding the confidentiality of your username and password and logging out of your account after each session are essential. Enovone cannot be held liable for any losses or damages arising from non-compliance with these account security measures. Using another person’s account is strictly prohibited.

ACCOUNT SECURITY AND DATA PRIVACY

During the account setup process, you will be prompted to choose a username and password for secure login. To protect the privacy of your transmitted data, we utilize encryption technology, such as Secure Sockets Layer (SSL), to encrypt personally identifiable information before it is sent to us. We also take precautions to safeguard User data against unauthorized access. However, it is important to be aware that our Service and systems rely on various components, such as software, hardware, and networks, which may occasionally require maintenance or experience unforeseen issues or security breaches beyond our control. Additionally, individuals who have physical access to your computer, phone, or other devices may potentially access the Service and any associated information, including medical data. Therefore, it is your responsibility to log out of your account when not in use, prevent unauthorized physical access to your devices, and keep your username and password confidential.

EXERCISE OF CAUTION AND PROHIBITED ACTIVITIES

While using our Service, it is essential to exercise caution, utilize common sense, and make informed decisions. Engaging in or attempting to violate the security of our Service is strictly prohibited and may result in criminal and/or civil penalties. Enovone reserves the right to investigate any suspected violations and cooperate with law enforcement agencies if criminal activity is suspected.

USE AND OWNERSHIP OF THE SERVICE

The Service and the information and content available through it are protected by copyright laws worldwide. Under this agreement, Enovone grants you a limited, non-transferable, and revocable license to access and use the Service for your personal use. Unless otherwise stated in a separate license by Enovone, your use of the Service and its content is subject to this agreement, and all rights to the Service and content are reserved by Enovone. You acknowledge that Enovone and its suppliers own all rights, title, and interest in the Service, including various elements such as computer code, themes, objects, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation. You agree not to modify, remove, or obscure any copyright, trademark, service mark, or other proprietary rights notices associated with the Service. The stylized name of Enovone and its related graphics, logos, service marks, and trade names used in connection with the Service are the trademarks of Enovone and cannot be used without permission, including in relation to any third-party products or services. Other trademarks, service marks, and trade names that may appear in the Service belong to their respective owners.

LICENSE TO INFORMATION SUBMITTED VIA THE SERVICE

Unless limited by Protected Information regulations, any information you send to Enovone through the Service, whether through direct entry, submission forms, email, or other means, including data, questions, comments, forum communications, or suggestions (referred to as “Submissions”), will be considered non-confidential and non-proprietary to the extent permitted by applicable law. Unless specified by your account settings, you grant Enovone a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, sublicensable right and license (including moral rights) to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display your Submissions (in whole or in part) for the purpose of operating and providing the Service to you and other users. You represent and warrant that you have obtained all necessary rights to grant this license, including any intellectual property rights, and that any rights holder has waived all such rights to the extent required. You acknowledge that you are solely responsible for all Submissions you provide to the Service. Additionally, Enovone, at its sole discretion, may edit, duplicate, or alter your Submissions as necessary or desirable, and you waive any moral rights you may have in the Submissions. You agree that you have no right of approval or claim for compensation related to the use of your Submissions. If a Submission contains Protected Information, Enovone’s use and disclosure of such information will be limited as required by applicable law.

LAB REPORTS AND DATA FROM OTHER PROVIDERS

As part of our services, patients may choose to share laboratory results and data that have been provided by other healthcare providers. We facilitate the integration of this information into the patient’s Protected Health Information (PHI) in our HIPAA-secure database, providing a comprehensive healthcare profile for each patient.

Please note that while we accept this information in good faith, Enovone Inc. is not responsible for verifying or confirming the accuracy or completeness of these externally provided lab results. The lab results or data shared by patients are solely the responsibility of the external provider that conducted the tests.

In receiving these lab results from other providers, Enovone Inc. assumes no liability for any errors, inaccuracies, omissions, or any other issues that may arise from these reports. Any interpretation or actions based on these results are solely at the patient’s and their physician’s discretion.

It is always recommended that patients discuss their lab results and data with their healthcare provider(s) who originally ordered the tests.

By using our services users acknowledge and agree that Enovone Inc.:

• Does not endorse, verify, evaluate or guarantee any information provided by such third-party laboratories, and nothing shall be considered as an endorsement, verification or guarantee of any lab result.
• Assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the lab results shared with us.
• Does not assume responsibility for any healthcare or other decisions made based on the lab results or data received from external providers. We recommend that you consult with a qualified healthcare professional for all health-related concerns and for decisions about your health and well-being.

By choosing to share third-party lab results or data with us, users represent and warrant that they have all necessary rights and permissions to do so, and that the information provided is accurate, reliable, and does not violate any applicable laws or rights of others.

Users acknowledge that any violation of these warranties may result in termination of their access to our services.

By using our services, you agree to these terms, and you release Enovone Inc. and its representatives from any liability, claims, causes of action, damages, or demands of any kind, arising out of or in connection with any discrepancies, inaccuracies, or issues in the third-party lab results or data shared by you with us.

ENOVONE’S MONITORING RIGHTS

Enovone retains the right to monitor the general use of the Service whenever it deems appropriate. In its sole discretion, Enovone may remove any materials that it considers illegal, potentially exposing Enovone to liability, violating this Agreement, or conflicting with Enovone’s intended purpose for the Service.

THIRD-PARTY GOODS AND SERVICES

Services or products offered through the Service by entities other than Enovone, such as Labs, Pharmacies, Medical Groups, and Providers (referred to as “Third-Parties”), as well as certain services, devices, items, or products manufactured, distributed, or sold by Third-Parties (referred to as “Third-Party Goods and Services”), may be available for purchase. Your use of Third-Party Goods and Services and any interactions with Third-Parties, including payment, delivery, and any associated terms, conditions, warranties, or representations, are solely between you and the Third-Parties. It is your responsibility to conduct any necessary investigation before engaging in any online or offline transaction involving Third-Parties or their goods and services. When using the Service and sharing personal information, exercise caution, discretion, common sense, and judgment.

LIMITATION OF LIABILITY AND INDEMNIFICATION

You acknowledge that Enovone shall not be held responsible or liable for any loss or damage resulting from your use of the Service, including Third-Party Goods and Services or interactions with Third-Parties. In the event of a dispute between you and a Third-Party, another user, or any entity or individual, you understand and agree that Enovone has no obligation to intervene in such disputes. Therefore, you release and indemnify Enovone, along with their respective corporate parents, subsidiaries, affiliates, contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively referred to as “Enovone Parties”), from any and all claims, demands, or damages (actual or consequential), known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from such disputes or the Service and its features. If you are a California resident, you waive California Civil Code Section 1542, which states that a general release does not apply to claims that the releasing party is unaware of and that, if known, would have materially affected the settlement.

FINANCIAL INTERESTS

Some of Enovone’s shareholders, directors, officers, employees, contractors, or agents (referred to as “Enovone Owners and Personnel”) may have a financial interest in one or more Third-Parties and may benefit from your utilization of the Third-Parties and/or the purchase of Third-Party Goods and Services.

TERMS OF SALE

The availability of products offered for sale by Enovone is subject to verification, and we retain the right to impose limits on quantities or reject any part of an order without prior notice. In the event of an error, we have the right to rectify the mistake, revise your order (including adjusting the price), or cancel the order and refund any charges. Product prices are subject to change at any time. You are responsible for any applicable taxes, such as sales tax, use tax, customs duties, or other governmental fees, related to your purchase of products or services through our Service. If we are obligated to collect taxes, we will do so. An estimated amount of taxes we collect will be presented at checkout, unless explicitly stated in writing that the price includes taxes. The actual taxes charged may differ from the amount displayed at checkout due to factors like processor programs and changes in tax rates. We are not obligated to collect taxes in all states, so you may need to report and pay taxes directly if we do not collect them.

PAYMENT AND CARD INFORMATION

Only valid payment methods accepted by us can be used to complete a purchase through the Service. By using your designated payment method, you confirm that you have authorization to do so. We have permission to charge your designated payment method for the total order amount, including applicable taxes, shipping, and handling charges. If your designated payment method is declined, we will make further attempts to process the charge until the transaction is approved. Our third-party payment service providers, as well as ourselves, may request and receive updated payment card information from your card issuer, such as updated card numbers and expiration dates when your credit card expires. If we receive such updated information, we may update your account accordingly and use it for future payments, including purchases and subscription charges, along with applicable taxes, shipping, and handling charges. You may have the option to opt out of providing updated card information to vendors and third-party payment service providers as allowed by your payment card issuer. If you wish to opt out, please contact your card issuer. We are not responsible for any fees or charges applied by your bank or payment card issuer. If a charge is reversed by your bank or card issuer, we may invoice your account directly and seek payment through an alternative method, including by mailing a statement.

UNAVAILABLE PRODUCTS AND INFORMATION SHARING

If any products in your order are unavailable, you will only be charged for the products included in the shipment, along with the associated prices, taxes, and other applicable charges. When making a purchase through the Service, you may be required to provide certain transaction-related information, such as your payment card number, expiration date, billing address, shipping address, phone number, and email address. By submitting this information, you grant Enovone the irrevocable and worldwide right to share such information (including any updates received) with third parties, such as payment processing companies, buyers, and sellers on the Service, solely to facilitate the transaction.

ONLINE PAYMENT PROCESSING AND STRIPE

All credit card, debit card, and monetary transactions on the Service are processed through an online payment processing application provided by Stripe, a third-party payment processing vendor. Further information about Stripe, its privacy policy, and information security measures can be found on the Stripe website or by contacting Stripe directly. Please note that the Stripe Policies are provided for informational purposes only and are not incorporated into this Agreement. Our relationship with Stripe is purely contractual, as they are a third-party vendor independent of our control or direction. Therefore, our relationship should not be construed as one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, or similar associations.

SHIPPING, HANDLING CHARGES, AND DELIVERY

You agree to pay any applicable shipping and handling charges shown at the time of purchase. We reserve the right to modify, add, reduce, or eliminate shipping and handling charges at our discretion, but we will notify you of any changes before you make your purchase. Any delivery dates or times provided during the checkout process are estimates and not guaranteed. Unless explicitly stated otherwise via the Service, the risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.

RESOLUTION OF USER ISSUES

We retain the right to address user issues and concerns on a case-by-case basis. In our sole discretion, we will resolve customer issues and concerns based on the specific facts and circumstances of each user.

TERMINATION

Enovone reserves the right to terminate your use of the Service, as well as any features or services, without prior notice and for any reason. This includes termination for violations of the Agreement, termination of our agreement with Medical Groups, Labs, or Pharmacies, or discontinuation of the Service. Certain provisions of the Agreement, such as those regarding Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration, resolution of disputes, indemnity, and jurisdictional issues, will continue to apply even after termination of the Agreement or your relationship with Enovone. If your use of the Service is terminated according to the Agreement, you agree not to attempt to use the Service under any name, real or assumed. Furthermore, if you violate this restriction after termination, you agree to indemnify and hold all Enovone Parties harmless from any liability they may incur as a result.

RETENTION OF INFORMATION

Unless otherwise specified in the Privacy Policy or required by applicable law (including obligations related to health records access), we are not obligated to return or provide any Content, information you provided, information provided by your Providers, or any other information related to you, whether before or after termination of your use of the Service, to you or any third party on your behalf.

DISCLAIMERS

Enovone provides Content and other information on the Service as a convenience. Users who rely on such Content or information do so at their own risk.

THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. YOUR ACCESS TO AND USE OF THE SERVICE IS VOLUNTARY AND AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Enovone AND ANY THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING MEDICAL GROUPS, PROVIDERS, LABS, AND PHARMACIES, DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THIS INCLUDES, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE AND ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM. Enovone DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SERVICE. Enovone DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACKS, VIRUSES, MALWARE, OR ANY OTHER ADVERSE INCIDENT.

NOTICE

Enovone may provide notices to you regarding the Service or this Agreement through email, posted notices on the Service, or regular mail, at Enovone’s sole discretion.

ELECTRONIC COMMUNICATIONS

By accessing or using the Service, or by sending emails or SMS messages to us, Medical Groups, or its Providers, you are engaging in electronic communication. You consent to receive communications electronically from us, Medical Groups, and its Providers. We will communicate with you through email, SMS messaging, or the Service itself. You agree that all agreements, notices, disclosures, and other communications provided to you electronically meet any legal requirement that such communications be in writing. Additionally, you acknowledge that any notices sent electronically by us are considered delivered and received on the date we transmit such electronic communication as described in this Agreement.

COPYRIGHT POLICY

Enovone strictly enforces its policy to terminate the use of the Service by any User found to repeatedly infringe copyright. If Enovone receives prompt notification from the copyright owner or their legal agent regarding copyright infringement, appropriate action will be taken. If you believe that your work has been copied and posted on the Service in a way that violates copyright, please provide the following information to our Copyright Agent: (1) an electronic or physical signature of the authorized person acting on behalf of the copyright owner; (2) a description of the copyrighted work that has been infringed; (3) details of the location on the Service where the infringing material can be found; (4) your contact information, including address, telephone number, and email address; (5) a written statement affirming that you have a good faith belief that the disputed use is unauthorized by the copyright owner, their agent, or the law; and (6) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on their behalf. To notify Enovone of copyright infringement claims, please contact our Copyright Agent at admin@enov.one.

ENTIRE AGREEMENT

This Agreement, along with any other agreements posted on the Service or executed by you and Enovone from time to time, constitutes the complete agreement between you and Enovone regarding your use of the Service. It supersedes any previous agreements between you and Enovone concerning the Service, including prior versions of this Agreement.

BINDING ARBITRATION / CLASS WAIVER

Both you and Enovone mutually agree that any legal claim, dispute, or controversy arising between you and Enovone or any of the Enovone Parties, Medical Groups, Providers, Labs, or Pharmacies, relating to the Enovone Parties, the Platform, the Content, the Service, or any other goods, services, or advertising provided by Enovone or any of the Enovone Parties, Labs, Pharmacies, Medical Groups, or Providers (referred to as “Disputes”), shall be resolved through confidential binding arbitration conducted by a single commercial arbitrator from the American Arbitration Association (AAA). This arbitration process will be governed by the AAA’s Consumer Arbitration Rules and, if deemed applicable by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes (collectively referred to as “Rules and Procedures”). By agreeing to this arbitration process, you understand that you are voluntarily and knowingly waiving your right to a trial by jury and to proceed with a lawsuit in a state or federal court, except as explicitly stated herein. The term “Dispute” also includes disputes that arose or involve facts occurring before the existence of this Agreement or any prior versions of the terms and conditions, as well as claims that may arise after the termination of these terms and conditions.

Before initiating arbitration or filing an action in small claims court (if applicable), both parties are committed to engaging in good faith informal efforts to resolve Disputes. These informal efforts can result in a prompt, cost-effective, and mutually beneficial resolution. Therefore, both parties agree that before commencing arbitration, a telephonic or video conference meeting will be held in a good faith effort to informally resolve any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you have legal representation, your counsel may participate in the conference, but your participation is also required.

The party initiating a Dispute must provide written notice (“Notice”) to the other party, expressing the intent to initiate an Informal Dispute Resolution Conference. The Notice should be sent within 45 days after the receiving party receives the Notice, unless the parties agree to an extension. To notify Enovone of your intent to initiate an Informal Dispute Resolution Conference, you can send an email to admin@enov.one or send a physical mail to Enovone’s offices at 3306 PICO BLVD SANTA MONICA, CA 90405. The Notice should include: (1) your name, telephone number, mailing address, and associated email address (if applicable); (2) the name, telephone number, mailing address, and email address of your counsel (if applicable); and (3) a description of the Dispute. Enovone will provide notice to your registered address. Each Informal Dispute Resolution Conference will be individualized, requiring separate conferences for each party initiating a Dispute, even if multiple users are represented by the same law firm or group of law firms in similar cases, unless all parties agree otherwise.

INFORMAL DISPUTE RESOLUTION CONFERENCE

If a Dispute arises between us, we are committed to making good faith efforts to reach a reasonable resolution through informal means. We believe that informal resolution of Disputes can be prompt, cost-effective, and mutually beneficial. Before initiating arbitration or taking legal action, both parties agree to participate in an Informal Dispute Resolution Conference, conducted via telephone or videoconference, to make a genuine effort to resolve the Dispute. If you are represented by counsel, your counsel may participate, but you must also personally participate in the conference.

INITIATING AN INFORMAL DISPUTE RESOLUTION CONFERENCE

The party initiating a Dispute must provide written Notice to the other party expressing their intent to initiate an Informal Dispute Resolution Conference. This Notice should be sent within 45 days after the receiving party receives it, unless mutually agreed upon by both parties. If you intend to initiate an Informal Dispute Resolution Conference, send your Notice via email to admin@enov.one or regular mail to Enovone’s offices. The Notice must include your name, contact information, counsel’s information (if applicable), and a description of the Dispute. We will provide notice to your registered address. Each Dispute requires a separate Informal Dispute Resolution Conference, even if multiple users with similar cases are represented by the same law firm or group of law firms, unless all parties agree otherwise.

COMMENCEMENT OF ARBITRATION

If a Dispute remains unresolved within 30 days after the Informal Dispute Resolution Conference, either party may initiate arbitration. Arbitration is less formal than a court lawsuit and involves a neutral arbitrator instead of a judge or jury. Court review of arbitration awards is limited, but the arbitrator can grant the same individual damages and relief as a court.

ARBITRATION COSTS

The payment of arbitration costs will follow the fee schedule of the AAA. Each party agrees to bear its own attorneys’ fees and expenses, unless a governing statutory provision requires the prevailing party to be awarded such fees and expenses.

ARBITRATION LOCATION AND FINALITY

Arbitration will be conducted in San Francisco, California, unless your residence is not within 100 miles of San Francisco. In such cases, arbitration may occur within 100 miles of

GOVERNING LAW; VENUE; SEVERABILITY OF PROVISIONS

Enovone operates and controls this Service from its offices in California. Users accessing the Service from other locations do so at their own discretion and are responsible for complying with local laws, if applicable. Accessing the Service from jurisdictions where its contents are illegal or penalized is prohibited.

The validity, interpretation, construction, and performance of this Agreement will be governed by the laws of the State of California, without considering any conflicts of law provisions.

All provisions of this Agreement apply to the fullest extent permitted by law. Our failure to enforce any provision of this Agreement does not waive that right. If we cannot enforce a particular part of this Agreement as written, we agree to replace it with terms that closely reflect the intent of the unenforceable part, to the extent allowed by law. Except as provided in this Agreement, the invalidity of a part will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not carry any legal weight.

NO AGENCY RELATIONSHIP

This Agreement, as well as any Content, materials, or features of the Service, do not create a partnership, joint venture, employment, or agency relationship between you and Enovone, the Medical Groups, the Providers, the Labs, or the Pharmacies. You are not authorized to enter into any contracts on our behalf or bind us in any manner.

ASSIGNMENT

You may not assign any of your rights under this Agreement, and any such attempt will be invalid. Enovone, at its sole discretion, may assign or transfer this Agreement, or any contractual rights and obligations under this Agreement, in whole or in part, to any Enovone affiliate or a third party in the event of a merger, asset sale, or other business transfer.

THIRD PARTY BENEFICIARIES

The use of third-party software or access to third-party Goods and Services through the Service will be subject to the applicable third-party license or terms of use, if any. If no such license or terms of use exist, this Agreement will govern. Additionally, your use of the Service must comply with all relevant third-party terms of agreement, if any.

Apart from the above and the indemnification obligations in favor of Enovone, the Medical Groups, the Pharmacies, the Labs, and the Providers, and the agreement to arbitration, we explicitly state that neither party intends to create or establish third-party beneficiary rights for any individual, subcontractor, or third party referenced in this Agreement. Except as expressly stated in this Agreement, no third party shall have the right to enforce any provision or derive any benefit from this Agreement.

CONTACTING US

If you have any questions or concerns regarding this Agreement, please contact us via email at admin@enov.one. We will make every effort to address your inquiries or concerns promptly upon receipt.

—————–

TELEHEALTH SERVICES

Enovone’s telehealth and prescription services are provided by M&D Integrations. Please read the following terms and conditions carefully.

AMONG OTHER ACTIVITIES, M&D INTEGRATIONS INC.’S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.

YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITES OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SITES OR ANY SERVICES PROVIDED ON OR THROUGH THE SITES.

THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

INTRODUCTION

M&D Integrations, Inc. (collectively, “M&D Integrations,” “we”, “us”, or “our”) own and operate the websites located at www.mdintegrations.com. The Sites are intended to facilitate the provision of the Services to registered users. The “Services” may include (i) providing individuals with information on health care and wellness (“Content”); (ii) providing individuals with access to technology-oriented tools for acne treatment; (iii) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, and communications; (iv) administrative support in connection with scheduling, and payment for health care provider services; and (v) telecommunications support for using the Services as a means of direct access to health care providers provided by M&D Integrations and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers.

These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with regard to the M&D Integrations Sites that you may use to receive Services. Your access to and use of the Sites is subject to these Terms of Use, our Privacy Policy, as well as all applicable laws and regulations. In these Terms of Use, the terms “you” and “yours” refer to the person using the Services. Even though you may have arrived to the Sites through a website or mobile application operated or controlled by a third party, you understand and agree that these Terms of Use are entered into between you and M&D Integrations. If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Sites, Services or any information or Content provided through the Sites or Services. The Sites and Services are continually under development, and M&D Integrations reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. Any changes to these Terms of Use are effective upon posting to the Sites.

Unless otherwise indicated, any new Content added to the Services is also subject to these Terms of Use upon posting to the Sites. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Sites and/or Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

ELIGIBILITY

In order to qualify to use the Services, the following must be true:

You are age 18 years or over or are accompanied by your parent/guardian.

You are located in a State Where We Operate.

You agree to be legally bound by and comply with these Terms of Use. You understand and agree that satisfying the above requirements does not guarantee that you will receive Services through M&D Integrations. In addition to the above requirements, M&D Integrations and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

REQUIREMENTS FOR USE

You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Sites.

FULFILLMENT

Medical consultations and messages will be reviewed within 24 hours of submission.

SPECIAL CONSENT TO TELEHEALTH SERVICES

Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:

Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;

Interactions between a patient and health care provider via audio, video, and/or data communications; and

Use of output data from medical devices, sound, and video files.

The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.

CALIFORNIA NOTICE TO CONSUMERS

Medical doctors are licensed and regulated by the Medical Board of California.

(800) 633-2322

www.mbc.ca.gov/

Complaints may be filed online at http://www.mbc.ca.gov/

Breeze/Complaints.aspx or submitted in hard copy form. A Consumer Complaint Form, including instructions for completing it, may be found at http://www.mbc.ca.gov/Consumers/Complaints/Submit_By_Mail.aspx.

A hard copy Consumer Complaint Form should be submitted to:

Medical Board of California

Central Complaint Unit

2005 Evergreen Street, Suite 1200

Sacramento, CA 95815

The Central Complaint Unit of the Medical Board of California can be contacted by phone at 1-800-633-2322 or 916-263-2382.

KANSAS

It is unlawful for any person who is not licensed under the Kansas Healing Arts Act to open or maintain an office for the practice of the healing arts in this State.

This office is maintained under the authority of a person who is licensed to practice the healing arts of Kansas.

Questions and concerns regarding this professional practice may be directed to:

Kansas State Board Of Healing Arts

800 SW Jackson, Lower Level-Suite A

Topeka, Kansas 66612

Phone: (785) 296-7413

Toll Free: 1(888) 886-7205

Fax: (785) 296-0852

Website: www.ksbha.org

OREGON

Complaints about physicians, as well as other licensees and registrants of the Oregon Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation to:

Oregon Medical Board

Investigations Manager

1500 SW 1st Ave. #620

Portland, OR 97201

P: (971) 673-2702

Toll Free: 1(877) 254-6263

https://www.oregon.gov/omb/investigations/pages/how-to-file-a-complaint.aspx

TEXAS

Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation to:

Texas Medical Board

Attention: Investigators

333 Guadalupe, Tower 3, Suite 610

P.O Box 2018, MC-263

Austin, TX 78768-2018

Assistance in filing a complaint is available by calling 1-800-201-9353. For more information, visit www.tmb.state.tx.us

Las quejas sobre médicos, así como sobre otros profesionales acreditados e inscritos del Consejo Médico de Tejas, incluyendo asistentes de médicos, practicantes de acupuntura y asistentes de cirugía, se pueden presentar en la siguiente dirección para ser investigadas:

Texas Medical Board Attention: Investigations 333 Guadalupe, Tower 3, Suite 610 P.O. Box 2018, MC-263 Austin, Texas 78768-2018

Si necesita ayuda para presentar una queja, llame al: 1-800-201-9353, Para obtener más información, visite nuestro sitio web en www.tmb.state.tx.us.

PRIVACY POLICY

M&D Integrations understands the importance of confidentiality and privacy regarding your health information. M&D Integrations will act in accordance with HIPAA to protect your private health information.

YOUR RELATIONSHIP WITH M&D INTEGRATIONS

M&D Integrations does not provide any medical services, including via the Sites and Services. Rather, M&D Integrations provides a technology platform for you to access a health care provider employed or contracted with M&D Integrations physicians or similar affiliated professional entities and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Services are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with M&D Integrations or affiliate health care provider through the Services, you are not entering into a provider-patient relationship with M&D Integrations itself.

By accepting the Terms of Use, you agree and consent to M&D Integrations, M&D Integrations affiliates, or health care providers sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us or any M&D Integrations affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.

CONSULTATIVE SERVICE

In some cases, a M&D Integrations physician or affiliated health care provider may use the Services to provide advice or treatment to you. A health care provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the health care provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, M&D Integrations strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with a health care provider. Moreover, a health care provider utilizing M&D Integrations may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that:

(i)any diagnosis you may receive is limited and, in some cases, provisional;

(ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider;

(iii) a health care provider acting through the Services may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease or injury.

For more information regarding the health care services offered by health care providers utilizing the Services, please visit mdintegrations.com.

SITE CONTENT

Except for specific communications received from your M&D Integrations physician or affiliate health care organizations and providers, none of the Content you receive through the Sites should be considered medical advice.

REGISTRATION AND USER ACCOUNTS

Although certain parts of the Sites are accessible by any individual, you are obligated to register with M&D Integrations in order to access the Services. The Services are available only to users who have registered with M&D Integrations and to other persons affiliated with M&D Integrations who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to M&D Integrations. If you do not maintain such information, or M&D Integrations has reasonable grounds to suspect as much, M&D Integrations has the right to suspend or terminate your account and your use of the Services. You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. M&D Integrations explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You acknowledge and agree that: (1) all or any part of the Sites may not be accessible at any time, for any period, or for any reason; and (2) M&D Integrations will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period.

ACCESS RIGHTS AND PROHIBITED USE

Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Sites in the United States and to use the Services solely for your personal and non-commercial use and only as permitted under these Terms of Use, the Consent to Telehealth, and the Privacy Policy.

OWNERSHIP OF SITE CONTENT

As between M&D Integrations and you, M&D Integrations is the sole and exclusive owner of all right, title and interest in and to the Sites and their content, features and functionality, other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you.

LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES

The Sites may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.

You may have arrived to the Sites through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of M&D Integrations. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms of Use will apply to your use of or access to the Sites.

TERMINATION

The Terms of Use will remain in full force and effect as long as you continue to access or use the Sites or Services. You may terminate the Terms of Use at any time by discontinuing use of the Sites. Your permission to use the Sites automatically terminates if you violate these Terms of Use.

M&D Integrations may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Sites or Services with or without prior notice, for any reason, and at any time. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Venue, Severability of Provisions; No Waiver; and Assignment.

After such termination, M&D Integrations will have no further obligation to provide the Services, except to the extent an affiliated professional entity is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical and professional obligations to you.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND ANY SERVICES ARE PROVIDED THROUGH THE SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS. M&D Integrations AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PROFESSIONALS, PROFESSIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS,

PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, 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 WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER M&D Integrations NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITES. FURTHERMORE, M&D Integrations DOES NOT GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND M&D Integrations DISCLAIMS ANY LIABILITY RELATING THERETO.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SITES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL M&D Integrations, ITS RELATED PERSONS OR ENTITIES OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, WARRANTY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITES OR ANY SERVICES PROVIDED THROUGH THE SITES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES. THIS IS TRUE EVEN IF M&D Integrations OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless M&D Integrations, its affiliates (including without limitation all affiliated professionals and professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, representatives, proprietors, partners, shareholders, servants, principals, agents, assigns, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the Site.

MODIFICATIONS TO THE SITES

M&D Integrations reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Sites or Services or any portion thereof, with or without notice. You agree that M&D Integrations shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services.

PAYMENT

You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.

GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE; SEVERABILITY OF PROVISIONS

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND M&D Integrations TO RESOLVE ALL DISPUTES BETWEEN US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM M&D Integrations.

These Terms of Use and your use of the Sites shall be governed by the laws of the State of New York, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively in the County of Nassau, New York. The parties agree that the Supreme Court of the State of New York located in Nassau County, New York shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.

All parts of these Terms of Use apply to the maximum extent permitted by law. M&D Integrations and you both agree that if we cannot enforce a part of this contract

as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law.

The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

NO WAIVER

No waiver by M&D Integrations of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by M&D Integrations to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

REMEDIES

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

ASSIGNMENT

You may not assign any of your rights under this agreement, and any such attempt will be null and void.

DIGITAL MILLENNIUM COPYRIGHT ACT

M&D Integrations reserves the right to remove any content or any other material or information available on or through our Sites, at any time, for any reason. M&D Integrations otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with M&D Integrations

Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our Designated Agent at the following address: courtney@mdintegrations.com

Any notification to M&D Integrations under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
• An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• An identification of the content or material that you claim is infringing and where it is located on our Sites;
• Information sufficient for M&D Integrations to contact you, such as your address, telephone number, and/or email address;
• A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
• A signed statement by you that the above 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.

HIPAA (Health Information Portability and Accountability) Information

Uses and disclosures of your protected health information that do not require an authorization

Treatment. For example, doctors, nurses, and other staff members involved in your care will use your PHI to coordinate your care or to plan a course of treatment for you.

Payment.

For example, we may disclose information regarding your medical procedures and treatment to your insurance company to arrange payment for the services provided to you.

Health Care Operations.

For example, we may disclose your PHI for billing or interpreter support. We may use your PHI to conduct an evaluation of the treatment and services provided or to review staff performance.

Communicating with You.

We will use your PHI to communicate with you about a number of important topics, including information about your care, treatment options and other health-related services

We may also contact you at the email, phone number or address that you provide, including via text messages, for these communications. If your contact information changes, it is important that you let us know. We will only provide you a link via text or e-mail which will require you to verify yourself prior to opening the message within the MDI messaging portal.

Business Associates.

At times, we need to disclose your PHI to persons or organizations outside MDI who assist us with our payment/billing and health care operations. We require these business associates and their subcontractors to appropriately safeguard your PHI.

Other Uses and Disclosures.

We may be permitted or required by law to make certain other uses and disclosures of your PHI without your authorization. Subject to conditions specified by law, we may release your PHI:

• for any purpose required by law
• for public health activities, including required reporting of disease, injury, birth and death, for required public health investigations, and to report adverse events or enable product recalls
• to government agencies if we suspect child/elder adult abuse or neglect. We may also release your PHI to government agencies if we believe you are a victim of abuse, neglect or domestic
• to your employer when we have provided screenings and health care at their request for occupational health and safety
• to a government oversight agency conducting audits, investigations, inspections and related oversight functions
• in emergencies, such as to prevent a serious and imminent threat to a person or the public
• if required by a court or administrative order, subpoena or discovery request
• for law enforcement purposes, including to law enforcement officials to identify or locate suspects, fugitives or witnesses, or victims of crime
• to coroners, medical examiners and funeral directors
• if necessary to arrange organ or tissue donation or transplant
• for national security, intelligence, or protective services activities
• for purposes related to your workers’ compensation benefits

Uses and disclosures of your protected health information based on a signed authorization

Except as outlined above, we will not use or disclose your PHI for any other purpose unless you have signed a form authorizing the use or disclosure. You may revoke an authorization in writing, except to the extent we have already relied upon it.

In some situations, a signed authorization form is required for uses and disclosures of your PHI, including:

• most uses and disclosures of psychotherapy notes
• uses and disclosures for marketing purposes
• disclosures that constitute the sale of PHI
• uses and disclosures for certain research protocols as required by privacy law.

The confidentiality of substance use disorder and mental health treatment records as well as HIV-related information maintained by us is specifically protected by state and/or federal law and regulations. Generally, we may not disclose such information unless you consent in writing, the disclosure is allowed by a court order, or in other limited, regulated circumstances.

Your rights

Access to Your PHI.

You can access and inspect paper or electronic copies of certain PHI that we maintain about you. You may readily access much of your health information without charge using the following link: https://privacy.mdintegrations.com. In line with set fees under federal and state law, we may charge you for a copy of your medical records.

Amendments to Your PHI.

You can request amendments, or changes, to certain PHI that we maintain about you that you think may be incorrect or incomplete. All requests for changes must be in writing, signed by you or your representative, and state the reasons for the request. If we decide to make an amendment, we may also notify others who have copies of the information about the change. Note that even if we accept your request, we may not delete any information already documented in your medical record.  You can make such requests by contacting support@mdintegrations.com or directly inside your MDI patient portal under the “privacy center” section.

Accounting for Disclosures of Your PHI.

In accordance with applicable law, you can ask for an accounting of certain disclosures made by us of your PHI. This request must be in writing and signed by you or your representative. This does not include disclosures made for purposes of treatment, payment, or health care operations or for certain other limited exceptions. An accounting will include disclosures made in the six years prior to the date of a request.

Restrictions on Use and Disclosure of Your PHI.

You can request restrictions on certain of our uses and disclosures of your PHI for treatment, payment, or health care operations. We are not required to agree but will attempt to accommodate reasonable requests when appropriate.

Restrictions on Disclosures to Health Plans.

You can request a restriction on certain disclosures of your PHI to your health plan. We are only required to honor such requests when services subject to the request are paid in full. Such requests must be made in writing and identify the services to which the restriction will apply.

Confidential Communications.

You can request that we communicate with you through alternative means or at alternative locations, and we will accommodate reasonable requests. You must request such confidential communication in writing to each department you would like to accommodate the request.

Breach Notification.

We are required to notify you in writing of any breach of your unsecured PHI without unreasonable delay and no later than 60 days after we discover the breach.

Additional Information

Complaints.

If you believe your privacy rights have been violated, you can file a complaint with the MD Integrations privacy officer (Ana Ramos) by contacting support@mdintegrations.com or calling 6297775752.

You can also file a complaint with the Secretary of the U.S. Department of Health and Human Services in Washington D.C.

A complaint must be made in writing and will not in any way affect the quality of care we provide you.