Effective Date: May 1, 2024

Last Update: May 1, 2024

1. THIS IS AN AGREEMENT BETWEEN YOU AND MEDINFO

This is an agreement ("Agreement") between you and MedInfo, Inc. (Medinfohealth.org). This Agreement governs your use of any Web pages or Web site operated by MedInfo (each, a "MedInfo Web Site," and collectively, the "MedInfo Web Sites" or "MedInfo Web Pages"). MedInfo offers the MedInfo Web Site to you conditioned on your acceptance on this Agreement without modification. Your use of the MedInfo Web Sites constitutes your acceptance of this agreement.

2. MEDINFO MAY MODIFY THIS AGREEMENT

MedInfo reserves the right to change the terms, conditions, and notices under which it offers the MedInfo Web Site, including any changes to charges associated with product purchase. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any MedInfo Web Pages. Your continued use of the MedInfo Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS

If any terms contained in this Agreement conflict with any terms contained within the MedInfo Web Site, then the terms in this Agreement supersede.

4. NO UNLAWFUL OR HARMFUL USE OF THE MEDINFO WEB SITE

You will not use the MedInfo Web Site or any of the MedInfo Web Pages for personal gain purposes. You will not use the MedInfo Web Site in any way that is unlawful, or harms MedInfo, its affiliates, resellers, distributors, service providers and/or suppliers, or any customer of MedInfo; as determined in MedInfo's sole discretion. MedInfo may inform you about certain specific harmful uses in a code of conduct or other notices available through the MedInfo Web Site, but has no obligation to do so. You may not use the MedInfo Web Site in any way that breaches any code of conduct, policy or other notice applicable to the MedInfo Web Site. Without limiting the generality of this section, you may not use the MedInfo Web Site in any manner that could damage, disable, overburden, or impair any MedInfo Web Pages (or the network(s) connected to any MedInfo™ Web Pages) or interfere with any other party's use of the MedInfo Web Site.

5. MATERIALS YOU PROVIDE

For materials you provide to MedInfo related to the MedInfo Web Site, you grant MedInfo permission to (1) use, copy, transmit, reproduce, edit, modify, translate and reformat your information, each in connection with the MedInfo Web Site, and (2) maintain these rights, to the maximum extent permitted by applicable law. MedInfo will not pay you for your information. MedInfo may remove your information from the MedInfo web database at any time. For any information you provide MedInfo, you state with the acceptance of this Agreement that you have all rights necessary to make the grants and permission to provide such information. To the maximum extent permitted by applicable law, MedInfo may disclose any information in the event it has a good faith reason to believe that a crime has been committed in association with credit card purchases, fraud investigations, and any police action requiring personal data retrieval from MedInfo. Your Agreement with these terms ensures your compliance with protecting the rights, property, and interests of MedInfo and any customer of MedInfo.

6. INFORMATION AVAILABLE FROM THE MEDINFO WEB SITE

MedInfo and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the MedInfo Web Site, even if such information appears in any e-mail from MedInfo or on the MedInfo Web Site Pages. MedInfo and its suppliers do not authorize the use of information available from the MedInfo Web Site including personal data from customers for any purpose other than identification of customers, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Nothing contained in the MedInfo Web Site is intended to constitute professional advice including, but not limited to, medical treatment.

7. MEDINFO MAKES NO WARRANTY

MedInfo provides the MedInfo Web Site "as is," "with all faults," and "as available," and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, MedInfo™ makes no representations, warranties or conditions, express or implied. MedInfo disclaims any and all warranties or conditions, express, statutory and implied, including without limitation (1) warranties or conditions of merchantability, accuracy, title, no encumbrances, no liens and non-infringement, (2) warranties or conditions arising through course of dealing or usage of trade, and (3) warranties or conditions that access to or use of the MedInfo™ Web Site will be uninterrupted or error-free. There are no warranties that extend beyond the face of this agreement.

8. LIABILITY LIMITATION

In no event will any MedInfo company be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of the MedInfo Web Site, even if MedInfo has been advised of the possibility of such damages. Limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the MedInfo Web Site, you do not agree with any part of this agreement, or you have any other dispute or claim with or against MedInfo with respect to this Agreement or the MedInfo Web Site, then your sole and exclusive remedy is to discontinue using the MedInfo Web Site.

9. CHANGES TO THE MEDINFO WEB SITES; ADDITIONAL LIABILITY LIMITATION

MEDINFO MAY CHANGE THE MEDINFO™ WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the MedInfo Web Site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by MedInfo and persons other than MedInfo (any such person is referred to as a "Third Party"). You acknowledge and agree that MedInfo is not responsible or liable for (1) any content, including without limitation, any infringing, inaccurate, obscene, threatening, or illegal content, or (2) any third party conduct, transmissions or data. In addition, you acknowledge and agree that MedInfo is not responsible or liable for (1) any viruses or other disabling features that affect your access to or use of the MedInfo Web Site, (2) any incompatibility between the MedInfo Web Site and other web sites, services, software and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the MedInfo Web Site in an accurate or timely manner, or (4) any damages or costs of any type arising out of or in any way connected with your use of any services available from third parties though links contained on the MedInfo Web Site. The limitations, exclusions and disclaimers in sections 7, 8 and 9 of this agreement apply to the maximum extent permitted by applicable law, and are not intended to deprive you of any mandatory protections provided to you under applicable law.

10. TERMINATION; ACCESS RESTRICTION

MedInfo may terminate this Agreement, or terminate or suspend your access to the MedInfo Web Site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the MedInfo Web Site will immediately cease. Upon such termination or suspension, any information you have stored on the MedInfo web site may not be retrieved later.

11. INTERPRETING THE AGREEMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. MedInfo may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the MedInfo Web Site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and MedInfo with respect to the MedInfo Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MedInfo with respect to the MedInfo Web Site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

12. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the MedInfo Web Site are Copyright 2024 MedInfo, Inc. and/or its suppliers, 7160 Irving Street, Westminster, Colorado 80030 U.S.A. All rights reserved. MedInfo, and/or other MedInfo products and services referenced herein may also be either trademarks or registered trademarks of MedInfo or MedInfo Inc. in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

13. ACCOUNT INFORMATION

Each time you enter your account login information, you are permitting MedInfo and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering, please keep it secure. MedInfo is not responsible for lost or stolen usernames or passwords and the use of such information, without MedInfo notification, is the sole responsibility of the original user.

14. DISCLAIMER AND LIMITATIONS ON OUR LIABILITY 

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE, SERVICES, AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, SERVICE PROVIDERS, PARTNERS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, SERVICES, OR PRODUCTS; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” This Clause 14 will survive the termination of your relationship with us. You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

15. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

16. ARBITRATION AGREEMENT AND WAIVER OF CERTAIN RIGHTS

Except as set forth below, you and we agree that we will resolve any controversies, claims, counterclaims, or other disputes between you and us or you and a third-party agent of ours (each a “Claim”) through binding and final arbitration, instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these Terms. The AAA Rules are available at  www.adr.org  or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, validity, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable.

To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at 7160 Irving Street, Westminster CO 80030,  Attn: Legal Department. This letter must be sent at least five (5) days before you initiate an arbitration proceeding against us.

Any party to the arbitration may, at any time more than ten (10) days before arbitration, serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with Colorado Code of Civil Procedure.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class, consolidated or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated without prior written consent of the parties. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

17.  MEDICAL SERVICES

The Medical Services remain, at all times, subject to the terms, conditions, disclosures and disclaimers contained herein and on the Site. When you obtain Medical Services, you will have access to general practitioner medical services from MedInfo and/or a participating third-party Healthcare Provider. Such Medical Services may include live medical consultations by video, phone, or async communications, an annual physical (including some of the associated diagnostic tests), access to discounted prescription drugs, laboratory testing, and imaging services, assistance with appropriate consultation with a specialist and/or referral to a specialist or other healthcare provider, and messaging to a dedicated healthcare team. Premium Medical Service options may include, among other things, unlimited visits with Healthcare Providers.

Your initial and refill consult may be processed either via video (with a provider after you complete the clinical intake) or non video (based on provider review of the clinical intake) depending on a variety of clinical and geographic factors.

Please be advised that MedInfo does not itself offer the Medical Services made available by MedInfo or third-party Healthcare Providers via the Site Offerings. The ultimate terms and conditions of any Medical Services made available by and through third-party Healthcare Providers will be determined by the applicable Healthcare Provider(s). You understand and agree that MedInfo shall not be liable to you or any third-party for any services, and/or medications offered by or through OpenLoop or any third-party Healthcare Provider(s) as part of the Medical Services.

18. MEDINFO HEALTH WEIGHT MANAGEMENT PROGRAM TERMS AND CONDITIONS

This section describes additional terms and conditions applicable to your participation in the Medinfo Health Weight Management Program offered through MedInfo and the affiliated professional entities that provide services on the G-Plans platform. The G-Plans Weight Management Program is designed to provide access to routine and necessary services for weight loss with pharmacotherapy. The G-Plans Weight Management 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 MedInfo Health Weight Management Program is a membership-based service through which eligible Members can obtain limited medical care at the discretion of the Member’s provider, including medical provider services and laboratory testing, for a recurring quarterly payment. Although a Member’s provider may prescribe medication as appropriate, the cost of medication is not included in the MedInfo Health Weight Management Program Fee. Medication is paid for separately and fulfilled through third party pharmacies for medication delivered to your home or a retail pharmacy of the Member’s choice.

The MedInfo Health Weight Management 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 MedInfo Health Weight Management Program or obtain health insurance coverage if you do not currently have it.

MedInfo Health Weight Management Program includes the use of telehealth and may include interactive video consultations. I understand that there are certain risks of using telehealth including that the video or phone connection may not work or may stop working during the consultation, and that the video picture or information transmitted may not be clear enough to be useful for the consultation.

19. PRESCRIPTION DRUG-RELATED TELEMEDICINE SERVICES

Where you request Prescription Medication, you must complete the medical intake Form and all other requirements to be evaluated for a potential prescription which may include telehealth consultation(s) and lab work evaluation. Upon completion of same, MedInfo will submit same to a participating Healthcare Provider. If the Healthcare Provider determines, after performing the requisite Telemedicine Services, that Prescription Medication is suitable for you, your Prescription Medication order will be processed. Please be advised that MedInfo does not itself offer the Telemedicine Services made available by MedInfo or third-party Healthcare Providers via the Site Offerings. The ultimate terms and conditions of any prescription(s) made available by third-party Healthcare Providers via the Telemedicine Services will be determined by the applicable Healthcare Provider(s). You understand and agree that MedInfo shall not be liable to you or any third party for any treatment decisions or medications offered by any third-party Healthcare Provider(s) by and/or through the Telemedicine Services. Please be advised that by entering this Agreement you are acknowledging and agreeing that MedInfo and any third party Healthcare Providers are not responsible for or liable in any way for the design, manufacture, provision or delivery of any medication or lab services and you understand and agree that you may be entering into a relationship with a third party pharmacy and/or lab. By accepting these Terms, you acknowledge and accept that any services you receive from pharmacies, medical groups, providers or labs through this Site and Service are also subject to these Terms, and that the pharmacies, medical groups, providers and labs are third-party beneficiaries of these Terms.

If a provider deems it medically appropriate and writes a prescription, we will coordinate for the dispensing and delivery of the prescribed medication to your home from an appropriate pharmacy. You may choose to use an alternate third party pharmacy of your choice. Please note that if you choose to use an alternate third party pharmacy, you will be responsible for picking up your prescription and paying the pharmacy directly for the medication and the cost of the prescription will not be covered by your program payments. Please use caution and care when receiving your prescription as medication has storage temperature requirements and not all prescriptions use child-resistant packaging so please make sure to keep out of reach of minors or individuals who have a limited ability to avoid medication that is not intended for them.  

20. MEDINFO PRODUCT PURCHASE SERVICE TERMS OF USE AND PRIVACY STATEMENT

The MedInfo product purchase service is provided by a third party service providers. Third party service provider's terms and conditions for use of the MedInfo products purchase service are available on request only. For information regarding the MedInfo.com privacy policy click here. If you have questions about our Terms of Use or Privacy Policy, please send an e-mail to MedInfo (info@medinfohealth.org). Feel free to contact a representative of MedInfo with any questions, comments, or concerns at the following email: info@medinfohealth.org.