Terms and Conditions of Use
Date of Last Revision: May 1st, 2023
AMONG OTHER ACTIVITIES, REFLEXMD'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 THINK YOU MAY HAVE A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT ACCESS THE SERVICES FOR EMERGENCY OR CRISIS CARE.
THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT BY A LAWSUIT OR RESORT TO COURT PROCESS. THIS MEANS THAT (I) YOU ARE GIVING UP, AND YOU WAIVE, THE RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY OR A JUDGE (EXCEPT AS SET FORTH EXPRESSLY IN SECTION 16), AND (II) THAT YOU ARE GIVING UP, AND YOU WAIVE, THE ABILITY TO PURSUE ANY SUCH DISPUTE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE SEE SECTIONS 6, 9, 10 AND 16 FOR MORE INFORMATION.
Services Overview, Availability, and Eligibility
Telehealth and Pharmacy
Registration and Account Creation
Ownership and License to Use the Services
User Content and ReflexMD's License to Use Such Content
Restrictions on Use
Disclaimer of Warranties
Limitation of Liability
Third-Party Links and Features on the Services
Governing Law; Dispute Resolution; Arbitration; Venue; Severability
Communications by Text Message and Email
Additional Terms for Specific Products and Services
Our Services are currently only available to individuals located in certain states.
1. Services Overview, Availability, and Eligibility
Overview of the Services. The Services may include (i) providing individuals with information on health care and wellness; (ii) providing individuals with pharmacy services; (iii) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and pharmacy services; (iv) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and (v) telecommunications support for using the Services as a means of direct access to a health care provider for communication, consultations, assessments, and treatment by such health care organizations and their providers.
Availability. Certain of our Services are currently only available to individuals located in certain states. You will be provided with notice of such limitations on availability of certain Services in your location when using those parts of the Services.
ReflexMD is based in the United States. We provide the Services for use only by persons located in the United States. We make no claims or representations that the Services or any material included in the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and you are solely responsible for compliance with local laws, including export laws as applicable.
Eligibility. Our Services are intended for use by you only if you are 18 years of age or over. To qualify to use the Services, the following must be true, and by accessing or using the Services, you represent and warrant that they are true:
You are age 18 or over or, if you are accessing the Services in violation of the Eligibility requirement related to age, you otherwise have the express consent of your parent or legal guardian.
You are located in a state where we operate (depending on the type of Services).
You understand and agree that satisfying the above requirements does not guarantee that you will receive Services. In addition to the above requirements, ReflexMD 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.
To access or use the Services, you must have compatible devices, access to the Internet, and certain necessary software. Fees and charges may apply to your use of mobile services and to the Internet.
2. Telehealth and Pharmacy
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.
Your Relationship with ReflexMD. ReflexMD does not provide any medical services, including via the Services. Rather, ReflexMD provides a technology platform for you to access a health care provider who is employed or contracted with a ReflexMD affiliated physician network 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 for informational purposes only, and are not a substitute for direct in-person health care services in all cases; nor are they an indicator of specific results. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and consulting with an affiliated physician or its health care providers through the Services, you are not entering into a provider-patient relationship with ReflexMD.
Except for specific communications received from an affiliated physician practice or its health care providers, none of the information you receive through the Services should be considered medical advice.
No Insurance Accepted; Notice of Your Financial Responsibility. ReflexMD and the affiliated physician networks do not accept commercial health insurance plans, are not in-network with any commercial health insurance plans, and are not enrolled with 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 of any commercial health insurance plan or federal or state health care program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a federal health program beneficiary, you agree that neither you, ReflexMD, the affiliated physician networks, or any of the health care organization(s) or provider(s) with whom we partner to provide health care and pharmacy services to you 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 Services. Please also see Section 14 below for additional terms applicable to your payment obligations.
Pharmacy Services. If you receive a prescription as a result of your use of the Services, you will be assigned a pharmacy within our network to ship your prescription. You give us consent to send and disclose to the ReflexMD Pharmacy Network or all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services.
You acknowledge that your medication will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
3. Registration and Account Creation
Although certain parts of the Services are accessible without creating an account, you may be required to create an account to access and use certain parts of the Services. If you create an account, 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 ReflexMD. If you do not maintain such information, or ReflexMD has reasonable grounds to suspect as much, ReflexMD 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 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 also agree to immediately notify ReflexMD of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing ReflexMD at email@example.com. ReflexMD may take any and all actions 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 with anyone, or create more than one account. You may not use anyone else's account at any time. ReflexMD explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
5. Ownership and License to Use the Services
Certain names, logos, and other materials displayed in and through the Services may constitute trademarks, trade names, service marks or logos ("Marks") of ReflexMD or its affiliates. You are not authorized to use any such Marks without the express written permission of ReflexMD. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
6. User Content and ReflexMD's License to Use Such Content
WITHOUT LIMITATION OF THE FOREGOING, REFLEXMD DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE USER CONTENT FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE USER CONTENT CONTAINED THEREIN.
7. Copyright Notices
ReflexMD reserves the right to remove any content or any other material or information available on or through our Services, at any time, for any reason. ReflexMD 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 ReflexMD.
Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Services, you may submit a notification to our Designated Agent at the following address:
Copyright Agent, 2093 Philadelphia Pike. Unit #2388. Claymont, DE 19703, firstname.lastname@example.org
Any notification to ReflexMD under 17 U.S.C. § 512(c) alleging copyright infringement must include all of 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 Services
Information sufficient for ReflexMD 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
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
8. Restrictions on Use
You agree that in using or accessing the Services, you will not, and will not attempt to:
impersonate any person or entity or otherwise 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 components of the Services
distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or the Services, or any other system, device, or property
access or use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party
use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services
license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services, Service Content, or User Content other than as expressly permitted herein
create or develop competing products or services or for any other purpose that is to ReflexMD's detriment or commercial disadvantage
damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner the Services, Service 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, transmit or otherwise disseminate any content that, as we determine at our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, violent, demeaning, intimidating, discriminatory, or racially, ethnically or otherwise objectionable, or infringes our or any third party's intellectual property or other rights, (ii) is derogatory or harmful to our reputation, the reputation of our licensors, affiliated healthcare providers, affiliated healthcare practices, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner; or (iv) attempts to obtain the personal information of other users
harm, harass, threaten, abuse, defame, demean, discriminate against, or intimidate any affiliated health care provider who provides health care services related to the Services, 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
bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by ReflexMD or any of our service providers to protect the Services
remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services or any Service Content or User Content
use any manual process or automated device to monitor or copy any content made available on or through the Services for any unauthorized purpose except as permitted herein
to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation
copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to ReflexMD or third-party content from the Services
otherwise use the Services in any manner that exceeds the scope of use granted herein
encourage or enable any other individual to do any of the foregoing
9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. REFLEXMD AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PHYSICIAN NETWORKS, 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 SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, 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 SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER REFLEXMD 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 OR USEFULNESS OF THE SERVICES, SERVICES CONTENT, AND USER CONTENT. FURTHERMORE, REFLEXMD DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND REFLEXMD DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES 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, OR YOUR RELIANCE ON ANY SUCH CONTENT, MATERIAL, AND/OR INFORMATION.
10. 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 REFLEXMD, ITS RELATED PERSONS 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 AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, 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 SERVICES OR ANY SERVICES CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. THIS IS TRUE EVEN IF REFLEXMD OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN NO EVENT SHALL REFLEXMD OR IT'S RELATED PERSONS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as in this section. Accordingly, some of these limitations may not apply to you. If you are a New Jersey resident, or a resident of another U.S. state that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically do apply to you.
12. Third-Party Links and Features on the Services
Moreover, we are not involved in any actual transaction between any user and another user or third party, nor are we the agent of either for any purpose. As such, we will not be involved in resolving any disputes between any user and another user or third party relating to or arising out of any transaction between such parties. We urge users and third parties to cooperate with one another to resolve any such disputes. In the event that you have a dispute with one or more other users or third parties through your use of the Services, you release ReflexMD, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
You acknowledge and agree that: (1) all or any part of the Services may not be accessible at any time, for any period, or for any reason; and (2) ReflexMD will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. ReflexMD reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Services or any portion thereof, with or without notice. You agree that ReflexMD shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
You agree to pay all fees due for services requested at the fees and pursuant to all payment terms presented to you when engaging in transactions. Prices are subject to change at any point in our sole discretion. 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, including recurring fees associated with Subscription Services (as defined below).
You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s) that provide services to you in connection with the Services. Your payments to ReflexMD may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which ReflexMD collects on their behalf. Any health care services or pharmacy services not provided by us, an affiliated physician network, or a Pharmacy Network, or otherwise made available through the Services are not included in the payments collected by ReflexMD and you may be separately charged by the applicable health care organization(s) and/or provider(s) for such services. In the event that your credit card expires or ReflexMD, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. ReflexMD and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified. You are responsible for keeping your payment information (such as credit card number and billing address) accurate and up to date at all times.
Certain products or services offered on the Services may be offered on a subscription basis ("Subscription Services"). For Subscription Services, your payment method will be automatically charged at regular intervals as described during the checkout process for the applicable Subscription Services. You may cancel a subscription at any time before the cancelation cutoff date as indicated to you at the time you purchase a Subscription Service. You will also be informed about how you can cancel these Subscription Services.
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 ANY APPLICABLE 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.
16. Governing Law; Dispute Resolution; Arbitration; Venue; Severability
Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). ReflexMD's address for Notice is: ReflexMD, Inc., 2093 Philadelphia Pike Unit #2388. Claymont, DE 19703 Attention: General Counsel. A copy of all Notices of Arbitration must also be sent to ReflexMD via email to email@example.com. 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 ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or ReflexMD may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, ReflexMD will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if ReflexMD has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and ReflexMD may seek reimbursement for any fees paid to AAA.
Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be 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 as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or ReflexMD must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
Arbitration Relief. Except as provided in the "No Class Actions" section below, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. The arbitrator's award shall be final and binding on all parties. Judgment on the award may be entered in any court having jurisdiction.
No Class Actions. YOU AND REFLEXMD 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. Further, unless both you and ReflexMD agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
17. Communications by Text Message and Email
By opting-in to receive text (SMS) messages from ReflexMD or by sending ReflexMD an initial text message (an "SMS Enrollment"), you consent to receiving text messages regarding your ReflexMD account and use of the Services. These text messages may include order confirmations, shipping notifications, messages from your healthcare provider, and other transactional messages, as well as promotional and marketing notifications, to the extent you have opted-in to receive such messages from ReflexMD.
With your SMS Enrollment, you represent and understand that: (1) you are the owner or authorized user of the mobile device you used in order to initiate the SMS Enrollment, (2) you are authorized to approve any applicable charges in connection with the text messages you send to and receive from ReflexMD, (3) you will be responsible for all messaging and other data charges that may apply for any text messages sent to you from ReflexMD, or from ReflexMD to you, and (4) neither ReflexMD, nor your or ReflexMD's mobile carriers, will be liable for delayed or undelivered messages.
Note that access to the Services is not conditioned upon your consent to receive marketing or promotional text messages from ReflexMD, and you can opt-out of any of ReflexMD's SMS services at any time by texting "STOP" to the message received, from the mobile device that is subscribed to receive the SMS messages. After you send the text message "STOP" to us, we may send you one final text message to confirm that you have been unsubscribed. If you have opted-in to receive more than one type of text message from ReflexMD, you will need to opt-out of each ReflexMD SMS service to which you are subscribed. Until you have done so, you may continue to receive the types of text messages from ReflexMD that you have opted-in to receive but have not unsubscribed from.
You also understand that while ReflexMD takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from ReflexMD are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending text messages to ReflexMD, and receiving text messages from ReflexMD, that are not encrypted. Likewise, by emailing ReflexMD or giving ReflexMD your email, you consent to receiving unencrypted emails messages from ReflexMD.
If you are experiencing any issues with ReflexMD's text messaging or email services, or if you have any concerns about sending or receiving any sensitive information through text or email, please contact us directly at firstname.lastname@example.org. If you have questions specific to your text or data plan, please contact your wireless provider.
18. Miscellaneous Terms
Notice for California Users. If you are a California resident, you hereby 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. The heading references herein are for convenience purposes only, and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and ReflexMD relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with ReflexMD.
19. Contact Us
ReflexMD, Inc. 2093 Philadelphia Pike Unit #2388. Claymont, DE 19703, email@example.com
20. Additional Terms for Specific Products and Services
ReflexMD Program Terms and Conditions
This section describes additional terms and conditions applicable to your participation in the ReflexMD Program (“ReflexMD Program”) offered through ReflexMD and the affiliated professional entities that provide services on the ReflexMD platform. The ReflexMD Program is designed to provide access to routine and necessary services for weight loss with pharmacotherapy. The ReflexMD program is a primary care offering not intended for use in emergencies or mental health crises, or by patients with specialized needs that should be treated by appropriate specialists. The ReflexMD Program is a membership-based service through which eligible Members can obtain limited medical care at the discretion of the Member’s provider, including physician services for a recurring monthly payment. A Member’s provider may prescribe medication as appropriate, the cost of medication is included in the ReflexMD Program Membership Fee. Medication is paid for the program and fulfilled through a partner pharmacy. The ReflexMD Program is not health insurance or a substitute for health insurance, does not meet any individual health insurance mandate under federal or state law, and cannot replace your relationship with any specialty provider. You should keep your existing health insurance coverage while you are participating in the ReflexMD Program or obtain health insurance coverage if you do not currently have it.
As a primary care offering, the ReflexMD Program features medical care that is available during normal business hours, Monday through Friday, 9:00 a.m. Pacific Standard Time to 5:00 p.m. Pacific Standard Time, excluding holidays. Your provider will review messages within 48 hours or sooner. The ReflexMD Program is not an emergency or on-call service available 24 hours a day, 7 days a week. The operating hours of the ReflexMD Care Team (available to answer account or shipping-related questions by phone at (888) 807-2462 or by email at firstname.lastname@example.org) are Monday through Friday, 9:00 a.m. Pacific Standard Time to 5:00 p.m. Pacific Standard Time. In the case of an emergency or if you are otherwise in crisis, call 911 immediately.
Onboarding and diagnosis
In order to participate in the ReflexMD Program, you must be evaluated by a health care provider on the ReflexMD platform and, in the professional judgment of such provider, meet the clinical criteria for participation. To be evaluated for participation, you must complete an initial onboarding telehealth medical assessment (the “Diagnosis Online Visit”) with a doctor, and, they will determine that you are a good candidate for treatment through the ReflexMD Program, he or she may initiate such treatment by writing you a prescription.
(the “ReflexMD Membership Services”).
The ReflexMD Program includes the cost of medication. ReflexMD is cash pay only and does not accept insurance.
The ReflexMD Membership Services may change from time to time. You will be given thirty (30) days' notice of any such change. You may accept the revised ReflexMD Membership Services by continuing in the ReflexMD Program or reject them by terminating your ReflexMD Program Membership.
Payment of ReflexMD Program Membership Fee
You will have an opportunity to review and agree to the monthly cost of Membership (the “ReflexMD Membership Fee”) during the checkout process. You may also view the costs associated with ReflexMD Membership on the ReflexMD Program webpage. Once you begin participation in the ReflexMD program, your ReflexMD Membership Fee will be charged to your payment card or PayPal account on file each month. You will be automatically billed on a recurring, monthly basis until your ReflexMD Membership is canceled. The initial payment must be made the day your provider reviews your online visit. Once paid, your ReflexMD Membership Fee is non-refundable. You may cancel your ReflexMD Membership at any time by emailing email@example.com, calling our care team at (888) 807-2462, or logging into your Secure User account; see details on canceling below.
Your prescription will be filled at one of our partners’ pharmacy. Your ReflexMD Program Membership Fee includes the cost of medication and pharmacy fulfillment.
Canceling your ReflexMD Program Membership
To cancel your ReflexMD Program membership, you may log into your Secure User account (click into the ReflexMD Program and select “Cancel Subscription” from the Program Details page), call us at (888) 807-2462, or email us. Cancellation is effective in 36 hours.
Effect of ReflexMD Program Membership cancellation
When you cancel, you will not be charged any additional monthly ReflexMD Membership Fee payments. You will receive ReflexMD Membership Services through the last day of the monthly billing cycle for which you have paid the ReflexMD Membership Fee (the “Last Billing Cycle”). Thereafter, you will not be eligible to receive any ReflexMD Program Membership Services, including prescriptions from your provider. We recommend you talk to your ReflexMD-affiliated health care professional before discontinuing treatment as abruptly stopping certain medications for health conditions can impact your health. You may complete a new ReflexMD Program Diagnosis Online Visit to talk to a Reflex MD-affiliated healthcare professional about re-joining ReflexMD Program.
No representation, warranty, or guarantee of continued availability of ReflexMD Program
NEITHER ReflexMD NOR THE AFFILIATED PROFESSIONAL ENTITIES MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE CONTINUED AVAILABILITY OF THE REFLEXMD PROGRAM. THE REFLEXMD PROGRAM MAY BE DISCONTINUED AT ANY TIME AT THE SOLE DISCRETION OF REFLEXMD AND/OR THE AFFILIATED PROFESSIONAL ENTITIES. YOU WILL BE GIVEN 30 DAYS’ NOTICE OF ANY SUCH DISCONTINUATION SO THAT YOU MAY FIND A LOCAL PROVIDER WITH WHOM TO CONTINUE TREATMENT.