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Please read these Terms of Service (the “Terms” or “Agreement”) carefully. The Terms govern your use of the Service(s), Product(s), and Website (as defined below) and constitutes your consent to this Agreement. PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND COMPANY.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
This Agreement is among you and and our provider entities (collectively, “Company” or “We” or “Us” or “Male MD”) concerning your use of (including any access to) the Male MD website currently located at https://MaleMD.com (together with any materials and services available therein, and successor site(s) thereto, the “Website”), use of our products and services, mobile applications, and/or other communication channels under our control such as email, telephone, or social media (“Service(s)”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Website, or otherwise made available to you by Company (“Additional Terms”).
Please note that the Website may identify or make available products or services (which may include healthcare services, drugs or medical devices) of certain third-party healthcare providers. Such products or services are considered Third Party Materials, as defined below. Male MD LLC., itself is not a healthcare provider, and is not responsible for any such Third-Party Materials.
BY USING THE WEBSITE, YOU AFFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE (OR THE AGE OF MAJORITY) OR HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT IF YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE BUT UNDER EIGHTEEN (18) YEARS OF AGE. NOTWITHSTANDING THE FOREGOING, MINORS UNDER THIRTEEN (13) YEARS OLD ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE OR TO ENTER INTO THIS AGREEMENT, EVEN IF A PARENT OR LEGAL GUARDIAN WOULD BE WILLING TO PROVIDE CONSENT. A parent or legal guardian of an individual under the age of eighteen (18) may prohibit such individual’s use of the Website. If you are the parent or legal guardian of an individual under the age of eighteen (18) and believe that such individual has used the Website without your consent or authorization, please contact us at support@malemd.com.
We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Website. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes.
Your use of the Website following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Website (including access to the Website via any third-party links); charge, modify or waive any fees required to use the Website; or offer opportunities to some or all Website users.
Your submission of information through the Website and/or Services is governed by Company’s Privacy Notice, located at (the “Privacy Notice”). You represent and warrant that any information you provide in connection with the Website or Services is and will remain accurate and complete and that you will maintain and update such information as needed.
The Website and Services are controlled or operated (or both) from the United States and is not intended to subject Company to any non-U.S. jurisdiction or law. The Website or Services may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Website or Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Website or Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
By signing up for Male MD and creating an account, you agree to our subscription program terms (“Subscription Program” or “Program”) and your membership in the Program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the Program at any time without notice to you. Limit one account per person.
AS A MEMBER OF OUR SUBSCRIPTION PROGRAM, THE VALID CREDIT CARD NUMBER YOU PROVIDED AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT WILL BE AUTOMATICALLY CHARGED ON A GOING-FORWARD BASIS AT THE TIME OF EACH SHIPMENT OF PRODUCT IN EITHER MONTHLY INSTALLMENTS OR EVERY TWO MONTHS (AT YOUR ELECTION) ON THE SAME DATE EACH MONTH OR THE SAME DATE EVERY TWO MONTHS (AS APPLICABLE). IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR SUBSCRIPTION PROGRAM, YOU MAY DO SO BY CANCELLING YOUR MEMBERSHIP AT MALEMD.COM UNDER YOUR ACCOUNT TAB AFTER LOGGING IN. YOU MUST CANCEL BEFORE YOUR NEXT SHIPMENT IN ORDER TO AVOID BEING CHARGED FOR THE NEXT RECURRING SHIPMENT.
Refunds & Returns: Our partner doctors typically review submissions and write prescriptions within a couple hours (If approved). Once that happens, our pharmacy begins to mix your custom formula and ship out the same day in many cases. Consumer protection law prohibits the return of prescription medication. Male MD does not accept returns or provide refunds for prescription products once they have shipped.
It is your responsibility to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, credit card expiration date, or telephone number). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made at Malemd.com under payment information under your account tab. If your credit card fails to process for a shipment, your membership in our Subscription Program may be terminated. Company may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and the necessary funds or credit available to cover your purchase.
Price. Company reserves the right to determine the pricing of its products. Company will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Company may change the fees for any feature or product, including additional fees or charges, if Company provides advance notice of changes before they apply. Company, at its sole discretion, may make promotional offers with different features and different pricing to any of Company’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
No Purchase For Resale Allowed. Company sells its products direct to You (end consumers) through the subscription service. Purchase of products for resale (to other consumers, businesses, or third parties) is strictly prohibited. If Company believes you are involved in purchase for resale, Company reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
By entering into this Agreement you agree to receive communications from Company, including via email, text message, SMS message, voice call, and push notifications (“Communications”). Voice calls and texts will be to the phone number you have supplied with your account information. You agree that texts may be made using automatic dialing systems or other automated technologies. Communications from or on behalf of Company may include but are not limited to: operational communications concerning your user account or use of the Company’s products and platform; informational communications concerning shipping, your payment method on file, messages from your provider, and reminders to complete your account set-up; marketing content such as updates concerning new and existing products; and communications concerning promotions run by us or our third-party partners. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive Communications is not a condition of any purchase.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF ALL TEXTS (INCLUDING OPERATIONAL, PROMOTIONAL, AND TRANSACTIONAL TEXTS), YOU CAN TEXT THE WORD “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE SERVICE.
In connection with the Services, Website, and Products, you must not:
In connection with the Website, you shall notify Company immediately if you become aware of any
inaccuracies, errors, omissions or inconsistencies in the information or content provided
through
the Website and to comply with any corrective action taken by Company.
You are responsible for obtaining, maintaining and paying for all hardware and all
telecommunications and other services needed to use the Website.
We reserve the right to investigate any transactions, activity, or interaction with our
Website,
Services, or Product(s) that we believe, in our sole discretion, is abusing or has abused the
Terms,
Services, or Product(s). We reserve the right to cancel any order, shipment, consultation,
and/or
terminate any account that we believe, in our sole discretion, is abusing or has abused the
Terms,
Services, or Product(s), including, without limitation, by engaging in a pattern of creating
multiple accounts. Any failure to comply with this Agreement, any fraud or abuse, or any
misrepresentation of any information furnished to Company by you or anyone acting on your
behalf
may
result in the termination of your account. If Company has any reason to suspect fraudulent
activity
is associated with your account, Company reserves the right to delay or withhold Products
and/or
Services. Any suspected or actual cases of fraud activity will be escalated and reviewed in
accordance with our fraud process. Company decisions are final.
The Website may make available listings, descriptions and images of goods or services or related coupons, discounts or trials of goods or services (collectively, “Products”), as well as references and links to Products. The availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product. Male MD reserves the right to limit any initial offers to new subscribers.
We may make available the ability to (i) communicate with a healthcare provider and (ii)
purchase or
otherwise obtain certain Products through the Website, including goods or services (both (i)
and
(ii) referred to as a “Transaction”). If you wish to make a Transaction, you may be asked to
supply
certain relevant information, such as your credit card number and its expiration date, your
billing
address and your shipping information. You represent and warrant that you have the right to use
any
credit card or other payment information that you submit in connection with a Transaction. By
submitting such information, you hereby authorize Company to charge you and grant to us the
right to
provide such information to third parties for purposes of facilitating Transactions.
Verification of
information may be required prior to the acknowledgment or completion of any Transaction. If
your
payment method fails or fees associated with your Account are past due, we may collect fees
owed
using other collection mechanisms, include charging other payment methods on file (including
with
Stripe) and/or retaining collection agencies and legal counsel. By making a Transaction, you
represent that the applicable Products will be used only in a lawful manner. We reserve the
right to
change the types of Transactions for which we charge, and we reserve the right to charge for
consultations with your healthcare provider. Subscriptions of Products or services are subject
to
the terms and conditions applicable to such trials and subscriptions available on the Website.
Company reserves the right, including without prior notice, to limit the available quantity of
or
discontinue making available any Product; to impose conditions on the honoring of any coupon,
discount, or similar promotion; to bar any user from making any Transaction; and to refuse to
provide any user with any Product.
Refunds and exchanges will be subject to Company’s applicable refund and
exchange
policies
You agree to pay all charges incurred by you or on your behalf through
the Website, at the prices in effect when such charges are incurred, including all shipping and
handling charges. In addition, you are responsible for any taxes applicable to your
Transactions.
While it is our practice to confirm orders by e-mail, the receipt of an e-mail order
confirmation
does not constitute our acceptance of an order or our confirmation of an offer to sell a
Product
or
service.
Products will be shipped to an address designated by you, if applicable, so long as such
address
is
complete and complies with the shipping restrictions contained on the Website. All Transactions
are
made pursuant to a shipment contract, and, as a result, risk of loss and title for Products
pass
to
you upon delivery of the Products to the carrier. You are responsible for filing any claims
with
carriers for damaged and/or lost shipments.
You may need to register to use all or part of the Website. We may reject, or require that you
change, any user name, password or other information that you provide to us in registering.
Your
user name and password are for your personal use only and should be kept confidential; you, and
not
Company, are responsible for any use or misuse of your user name or password, and you must
promptly
notify us of any confidentiality breach or unauthorized use of your user name, password or
Website
account. You are limited to one active Website account and You may not use the Website account
of
any other Male MD user at any time. If you are under the age of 18, your user name and password
should also be shared with your parent or legal guardian for the purposes of monitoring your
medical
care.
Your cooperation is imperative in safeguarding your Personal Information. Choose your account
password carefully, as anyone with access to your account password will be able to assume your
online identity and view your medical information, change your Personal Information, and
communicate
with your Male MD affiliated health care providers. It is your responsibility to prevent
disclosure
of your password to others, and to change your password if you feel that its security has been
compromised. You may change your password from your account profile page after logging into
your
account. Additionally, you will periodically receive correspondence from Company at the email
address you register with your account. While these emails will never contain your photos or
payment
information, they will sometimes include information relating to the details of your treatment
(as
applicable). Accordingly, it is critical that you safeguard your designated email address and
restrict access thereto. The registration of an email address with your account indicates your
consent for Company to transmit your Personal Information, including your Health Information,
to
such address. For more information regarding our privacy practices, please review our Privacy
Notice
located at
here.
Website visitors may make available certain materials (each, a “Submission”) through or in connection with the Website, including on profile pages, on social media or on the Website’s interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. Submissions do not include your health information. Company has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
For purposes of clarity, you retain ownership of your Submissions. For each Submission, you
hereby
grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable,
transferable and fully sublicensable (through multiple tiers) license, without additional
consideration to you or any third party, to reproduce, distribute, perform and display
(publicly
or
otherwis e), create derivative works of, adapt, modify and otherwise use, analyze and exploit
such
Submission, in any format or media now known or hereafter developed, and for any purpose
(including
promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials
(“Feedback”),
whether related to the Website or otherwise, such Feedback will be deemed a Submission, and you
hereby acknowledge and agree that such Feedback is not confidential and that your provision of
such
Feedback is gratuitous, unsolicited and without restriction, and does not place Company under
any
fiduciary or other obligation.
eview, analyze, store, evaluate, alter or remove Submissions or any messages, information, content or other materials sent to you, or received by you, in connection with the Website, at any time, including while it is in transit, and before and after it is stored or made available through the Website, and to monitor, review, analyze or evaluate your access to or use of the Website, in each case by manual, automated or other means, and in each case for any purpose, including marketing and advertising and such purposes as may be described in the Privacy Notice. We may disclose information regarding your access to and use of the Website, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Website, you may view one (1) copy of any portion of the Website to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.
We and our suppliers own the Website, including the software, code, proprietary methods, systems, content and any other intellectual property or proprietary rights used to operate the Website (the “Website IP”), which is protected by proprietary rights and laws. The Website IP also includes our trade names, trademarks and service marks, which include MALE MD, and any associated logos. All Website IP on the Website not owned by us are the property of their respective owners. You may not use Website IP in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Except for the limited license set forth in Section 12, nothing contained on the Website should be construed as granting any right to use any Website IP without the express prior written consent of the owner.
Certain Website functionality may make available access to information, products, services and
other
materials made available by third parties, including Submissions (“ Third
Party
Materials”), or allow for the routing or transmission of such Third-Party Materials,
including via links. By using such functionality, you are directing us to access, route and
transmit
to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party
Materials, including the accuracy, validity, timeliness, completeness, reliability,
integrity, quality, legality, usefulness or safety of Third Party
Materials, or
any
intellectual property rights therein. Certain Third Party Materials may,
among
other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed
to
be a representation or warranty by Company with respect to any Third Party
Materials. We have no obligation to monitor Third Party
Materials, and
we
may block or disable access to any Third Party Materials (in whole or
part)
through
the Website at any time. In addition, the availability of any Third Party
Materials
through the Website does not imply our endorsement of, or our affiliation with, any provider of
such
Third Party Materials, nor does such availability create any legal
relationship
between you and any such provider.
YOUR USE OF Third Party Materials IS AT YOUR OWN RISK AND IS SUBJECT TO
ANY
ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH Third Party
Materials
(SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH Third
Party
Materials). COMPANY ACCEPTS NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ANY AND ALL
LIABILITY
RELATED TO YOUR USE OF ANY THIRD-PARTY WEBSITES OR SERVICES.
Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Notice. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE WEBSITE AND ANY PRODUCTS AND
THIRD
PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE”
BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) COMPANY
DISCLAIMS
ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY PRODUCTS AND THIRD PARTY MATERIALS,
INCLUDING
THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE USE
OF
THE
WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR
ANY
DAMAGE OR LOSS THAT RESULTS FROM THE USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN,
OBTAINED BY YOU FROM COMPANY OR THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE
MADE
FOR
THE BENEFIT OF BOTH COMPANY AND ANY PROVIDER ENTITIES, AND THEIR AFFILIATES AND RESPECTIVE
SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS,
SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS.
While we try to maintain the timeliness, integrity and security of the Website, we do not
guarantee
that the Website is or will remain updated, complete, correct or secure, or that access to the
Website will be uninterrupted. The Website may include inaccuracies, errors and materials that
violate or conflict with this Agreement. Additionally, third parties may make unauthorized
alterations to the Website. If you become aware of any such alteration, contact us at support@malemd.com with a description of such alteration and
its
location on the Website.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) COMPANY WILL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER
ANY
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR
LOSS
OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING
UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF
THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE
LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR
FROM
ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN
CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE
OR
ANY
PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE WEBSITE; AND (D) THE MAXIMUM AGGREGATE
LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (1) THE TOTAL AMOUNT, IF ANY, PAID
BY
YOU TO COMPANY TO USE THE WEBSITE AND (2) ONE HUNDRED U.S. DOLLARS ($100). IF YOU ARE
DISSATISFIED
WITH ANY PORTION OF THE WEBSITE, THE PRODUCTS, OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE
REMEDY
IS
TO DISCONTINUE USE OF THE WEBSITE AND/OR PRODUCTS. ALL LIMITATIONS OF LIABILITY OF ANY KIND
(INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH
COMPANY
AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
Applicable law in states other than New Jersey (which is addressed in Section 24, below) may
not
allow for limitations on certain implied warranties, or exclusions or limitations of certain
damages; solely to the extent that such law applies to you, some or all of the above
disclaimers,
exclusions or limitations of liability may not apply to you, and you may have certain
additional
rights.
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Website (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.
This Agreement is effective until terminated. You may deactivate your Account at any time, for any reason, by sending an email to support@malemd.com. Company may terminate, discontinue, cancel, suspend, change or limit access Your use of the Website or Services at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or if any amounts due by you to Company are past due. Upon any such termination or suspension, your right to use the Website will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Your medical records will be retained by Company for a period of at least five (5) years, unless a longer period is required by state or federal law, after which they may be destroyed. If you are younger than twenty-three (23) years of age on the date the records may potentially be destroyed, your records will be kept at least until you reach the age of 23, or as required by state or federal law. Sections 2–6, 8–11 and 13–25 shall survive any expiration or termination of this Agreement. Any termination or discontinuance of the Website pursuant to the provisions set forth in this Section 19 shall be subject to compliance with any notice or waiting period provided by applicable law. You agree that Company will not be liable to you or to any third party for any modification, suspension, or termination of your ability to use the Website, Services, or Product(s). If you are dissatisfied with any aspect of the Website, Services, or Product(s) at any time, your sole and exclusive remedy is to cease participating in the Website, Services, and Product(s). Termination will not prejudice either you or our remedies at law or in equity.
Governing Law
(a) Generally. In the interest of resolving disputes between you and Company in the most
expedient
and cost-effective manner, and except as described in Section 20(b), you and Company agree
that
every dispute arising in connection with this Agreement will be resolved by binding
arbitration.
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator
instead of
a judge or jury, may allow for more limited discovery than in court, and can be subject to
very
limited review by courts. Arbitrators can award the same damages and relief that a court
can
award.
This agreement to arbitrate disputes includes all claims arising out of or relating to any
aspect of
this Agreement, your use of the services and/or the Male MD products, and our
communications
with
you, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal
theory,
and regardless of whether a claim arises during or after the termination of this Agreement.
YOU
UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH
WAIVING
THE
RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
(b) Exceptions. Despite the provisions of Section 20(a), nothing in this Agreement will be
deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an
individual action in small claims court; (ii) pursue an enforcement action through the
applicable federal, state, or local agency if that action is available; (iii) seek
injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court
of law to address an intellectual property infringement claim.
(c) Arbitrator. Any arbitration between you and Company will be settled under the Federal
Arbitration Act and administered by the American Arbitration Association (“AAA”) under its
Consumer
Arbitration Rules (collectively, “AAA Rules”) as modified by this Agreement. The AAA Rules
and
filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or
by
contacting Company. The arbitrator has exclusive authority to resolve any dispute relating
to the
interpretation, applicability, or enforceability of this binding arbitration agreement.
(d) Notice of Arbitration; Process. A party who intends to seek arbitration 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”). Company’s address for Notice is:. The Notice
of
Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) 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 Company may commence an arbitration proceeding. All
arbitration
proceedings between the parties will be confidential unless otherwise agreed by the parties
in
writing. During the arbitration, the amount of any settlement offer made by you or by
Company must
not be disclosed to the arbitrator until after the arbitrator makes a final decision and
award, if
any. If the arbitrator awards you an amount higher than the last written settlement amount
offered
by Company in settlement of the dispute prior to the award, Company will pay to you the
higher of:
(A) the amount awarded by the arbitrator; or (B) $10,000.
(e) Fees. If you commence arbitration in accordance with this Agreement, Company will
reimburse you
for your payment of the filing fee, unless your claim is for more than $10,000, in which
case the
payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take
place at a
location to be agreed upon in city, state, but if the claim is for $10,000 or less, you may
choose
whether the arbitration will be conducted: (i) solely on the basis of documents submitted
to
the
arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person
hearing
as established by the AAA Rules in the county (or parish) of your billing address. If the
arbitrator
finds that either the substance of your 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. In that
case, you
agree to reimburse Company for all monies previously disbursed by it that are otherwise
your
obligation to pay under the AAA Rules. 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. The arbitrator
may make
rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any
time
during the proceeding and upon request from either party made within 14 days of the
arbitrator’s
ruling on the merits.
(f) No Class Actions. YOU AND COMPANY 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 Company agree otherwise, 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.
(g) Modifications to this Arbitration Provision. If Company makes any future change to this
arbitration provision, other than a change to Company’s address for Notice of Arbitration,
you may
reject the change by sending us written notice within 30 days of the change to Company’s
address for
Notice of Arbitration.
(h) Enforceability. If Section 20(f) is found to be unenforceable or if the entirety of
this
Section
20 is found to be unenforceable, then the entirety of this Section 20 will be null and void
and, in
that case, the parties agree that the exclusive jurisdiction and venue described in Section
21 will
govern any action arising out of or related to this Agreement.
(i) If you do not wish to resolve Disputes by binding arbitration, you may opt out of the
provisions
of this Section within 30 calendar days after the date that you agree to these Terms by
sending a
letter to Male MD, Inc., Attention: Legal Department –. In order to be effective, the
letter
must be
received by Company within 30 calendar days of your acceptance of these Terms and your
letter must
specify: your full legal name, your current residential address, the email address
associated with
your account on the Service, and a statement that you wish to opt out of arbitration
(“Opt-Out
Notice”).
This Agreement is governed by the laws of the State of California without regard to
conflict
of law
principles. You and Company submit to the personal and exclusive jurisdiction of the state
courts
and federal courts located within San Francisco County, California for resolution of any
lawsuit or
court proceeding permitted under these Terms. We operate the Website from our offices in
California,
and we make no representation that the Website is appropriate or available for use in other
locations.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Company does not endorse any of the products or services listed on such site.
If you have a question or complaint regarding the Website, Product(s), or Service(s), please send an e-mail to support@malemd.com. You may also contact us by writing. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send to Company a written notice by mail, e-mail or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Company’s DMCA agent as follows: by e-mail to info@malemd.com. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) the limitation on liability for loss of profits or loss or use of data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under any contract, tort (including negligence), strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnity Company (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the California governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
This Agreement does not, and shall not be construed to, create any partnership, joint venture,
employer-employee, agency or franchisor-franchisee relationship between you and Company. If any
provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that
provision will be deemed severable from this Agreement and will not affect the validity and
enforceability of any remaining provision. You may not assign, transfer or sublicense any or
all
of
your rights or obligations under this Agreement without our express prior written consent. We
may
assign, transfer or sublicense any or all of our rights or obligations under this Agreement
without
restriction, including, without limitation, those rights or obligations relating to your
Website
account and any information that you provide or that has been provided on your behalf to
Company
or
that has been collected by Company in connection with Company’s business operations or through
the
Website. No waiver by either party of any breach or default under this Agreement will be deemed
to
be a waiver of any preceding or subsequent breach or default. Any heading, caption or section
title
contained herein is for convenience only, and in no way defines or explains any section or
provision. All terms defined in the singular shall have the same meanings when used in the
plural,
where appropriate and unless otherwise specified. Any use of the term “including” or variations
thereof in this Agreement shall be construed as if followed by the phrase “without limitation.”
To
the extent there is a conflict between the provisions in this Agreement and any Additional
Terms
incorporated herein by reference, the latter shall have precedence. This Agreement, including
any
terms and conditions incorporated herein, is the entire agreement between you and Company
relating
to the subject matter hereof, and supersedes any and all prior or contemporaneous written or
oral
agreements or understandings between you and Company relating to such subject matter. Notices
to
you
(including notices of changes to this Agreement) may be made via posting to the Website or by
e-mail
(including in each case via links), or by regular mail. Without limitation, a printed version
of
this Agreement and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the same extent and
subject
to the same conditions as other business documents and records originally generated and
maintained
in printed form. Company will not be responsible for any failure to fulfill any obligation or
any
delay in performing any of its obligations, if the delay or failure was due to any cause beyond
Company’s reasonable control including but not limited to severe weather, power, or other
utility
cut-off, natural disaster, strikes, governmental action, epidemic, pandemic, terrorism, war,
civil
unrest, or other similar events of “force majeure”.
Website © 2020 Male MD, Inc. unless otherwise noted. All rights reserved.
Male MD offers an online communication platform for Providers and their patients to connect via the website through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers. Male MD does not provide medical advice or care. We use the information you share with us to help provide you with a customized experience from when you start interacting with us to providing you your own personalized treatment plan. Male MD, LLC and our provider entities (“Male MD,” “we,” “us,” or “our”) take your privacy and trust in us seriously. We are committed to protecting the privacy and security of the information that you share with us. The purpose of this Privacy Notice is to explain how we may collect, use, store, disclose, or otherwise process your personal information when you interact with us through the Male MD website located at https://malemd.com/ , our mobile application(s), our products and services, and/or other communication channels under our control such as email, telephone, or social media that link to this Privacy Notice (collectively, “Services” or “Website”). The Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. All capitalized terms not otherwise defined in this Privacy Notice have the same meaning as set forth in the Male MD Terms of Service, available here: https://malemd.com/terms. IF YOU DO NOT WISH TO ACKNOWLEDGE OR ACCEPT THIS PRIVACY NOTICE, PLEASE DO NOT USE THE SERVICES.
Male MD collects and stores a variety of information when you use our Services. The specific types of information we collect will depend on the Services you use, but may include the following:
Personal Information:
Personal information means information associated with or used to identify or contact a
specific
person. Personal information we collect may include:
Health Information:
Health information is a type of personal information that includes any identifying information
we
collect relating to your medical history, including symptoms, diagnoses, treatment and
outcomes.
Health information we collect may include:
Persons Under the Age of 18
Persons under the age of 18 are prohibited from using our Services. You consent to
verification
of
your identity to establish your age through use of MaleMD’s third-party identification
service
provider. Male MD does not knowingly collect any information from persons under the age
of
18. If
you are a parent or guardian of an individual under the age of 18 and believe your child has
disclosed personal or health information to Male MD without your authorization, please contact
us at
support@malemd.com.
We collect information about you from the following categories of sources:
You (Actively) You may actively provide us information when you use our Services such as through our websites, emails, social media, surveys, sweepstakes and promotions, or any other online or offline interactions.
You (Passively) You may also passively provide us information through your interactions and use of our Services such as your IP address, access times, hardware and software information, device information, device event information (e.g. crashes, unsuccessful logins, browser type), the web page you’ve viewed or engaged with before or after using the Services, and other relevant information. We may use cookies and other tracking technology to collect this information.
Third Parties We may receive information from third parties such as affiliates, business partners, and service providers to operate our business and improve your experience and interactions with us.
Publicly Available Databases We may receive information that is available publicly, either online or offline, to operate our business and improve your experience and interactions with us.
Male MD and our service providers may use information about you to:
Male MD may send you marketing emails or texts to let you know of the latest news on our products and services. If you wish to stop receiving marketing emails from us, you can opt out by clicking the unsubscribe link in the footer of any marketing email or contact us at support@malemd.com. Please be aware that you cannot opt out of transactional emails. Transactional emails are emails we send you relating to your account or in connection with providing you the Services such as emails changing your password, emails in response to your support request, and emails from your medical provider. If you wish to opt out of all texts (including operational, promotional, or transactional texts), you can text the word “STOP” from the mobile device receiving the text messages.
We use third-party service providers such as Google Analytics by Google LLC (“Google”) to track and analyze Website traffic through the use of cookies and other tracking technology. This allows us to show you advertisements and content that may be of interest to you based on your interactions with the Services, other online services, and/or information received from third parties. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: policies.google.com/privacy. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: tools.google.com/dlpage/gaoptout.
Certain web and mobile browsers allow you to send a signal to inform websites that you do not want your online activities tracked. At this time, we do not currently respond to “Do Not Track” signals or similar mechanisms.
We understand the importance of protecting the confidentiality of your information and limit our disclosure of your personal and/or health information to the following possible scenarios:
Male MD understands the importance of securing your information. We are continuously implementing and updating our administrative, technical, and physical security measures to protect your information. For example, we use firewalls to monitor and control our network traffic, encryption to secure our data transmissions, and cryptographic hash functions to store or share certain data. Please be aware that using the Internet comes with inherent risks. No method of data transmission or method of physical or electronic storage can be guaranteed to be perfectly secure. There is some risk that an unauthorized third party may find a way to circumvent our security or that a transmission of your information over the Internet will be intercepted. Male MD takes the measures stated above to provide a level of security appropriate to the risks of processing your information. You acknowledge and accept that we cannot guarantee the security of your information. Aside from our efforts in securing your information, it is your responsibility to protect the security of your account credentials and keep your password confidential. If you notice suspicious activity or believe that your account may have been compromised in some way, please contact us immediately at support@malemd.com.
We may retain your information as required or permitted by applicable laws and regulations. For example, if you are a resident of certain jurisdictions you may be able to request to have your personal information deleted. If your request is granted, we may still be required by medical laws to retain your health information for a period of time. Your medical records will be retained by Company for a period of at least five (5) years, unless a longer period is required by state or federal law, after which they may be destroyed. If you are younger than twenty-three (23) years of age on the date the records may potentially be destroyed, your records will be kept at least until you reach the age of 23 or as required by state or federal law.
California law permits California residents to request certain details about how their information is disclosed with third parties for third-party direct marketing purposes. We do not share your information with third parties for their direct marketing purposes.
If you are a California resident under the age of 18 and are a registered user of the Services, then you may request that we remove information you posted on the Services. Please be aware that applicable state or federal law may prevent Male MD from deleting certain categories of information such as health information. Request for removals should include a description of the specific posted information (including information that will allow us to confirm it was created and posted by you) and should be sent to support@malemd.com.
If you are a California resident you have the following rights subject to certain exceptions:
| Categories of Personal Information Collected (See Above Categories) | Categories of Third Parties (Disclosed to for a Business Purpose) |
|---|---|
| A. Identifiers | Affiliated Entities; Medical Providers; Service Providers (Customer Support/Feedback, Marketing Services, Payment Processing, Operating Systems, Website Optimization, Data Analytics) |
| B. Certain Personal Information (§1798.8) | Affiliated Entities; Medical Providers; Service Providers (Customer Support/Feedback, Marketing Services, Payment Processing, Operating Systems, Website Optimization, Data Analytics) |
| C. Certain Characteristics of Protected Classifications | Affiliated Entities; Medical Providers; Service Providers (Customer Support/Feedback, Website Optimization, Data Analytics) |
| D. Commercial Information | Affiliated Entities; Medical Providers; Service Providers (Marketing Services, Payment Processing, Operating Systems, Website Optimization, Data Analytics) |
| F. Internet or Network Activity Information | Service Providers (Customer Support/Feedback, Marketing Services, Operating Systems, Website Optimization, Data Analytics) |
| H. Certain Audio/Electronic/Visual/Similar Information | Affiliated Entities; Medical Providers; Service Providers (Operating Systems, Website Optimization, Data Analytics) |
| I. Professional/Employment-related Information | Affiliated Entities; Medical Providers; Service Providers (Talent Acquisition) |
| K. Inferences | Service Providers (Website Optimization, Data Analytics) |
Your information may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including personal information, to the United States and process it there. If you do not want your information transferred to or processed or maintained outside of the country or jurisdiction where you are located, you should not use the Services.
We may update this Privacy Notice from time to time and make changes to our information practices as permitted by law. You can reference the date on the bottom to determine when this Privacy Notice was last updated. Any changes will become effective when we post the revised Privacy Notice on the Services. If you are registered for the Services, you will be notified of any material changes to this notice prior to them becoming effective. Your use of the Services following this notice means that you acknowledge and accept the revised Privacy Notice
If you have questions or concerns about this Privacy Notice, please contact us at support@malemd.com.
This Notice of Privacy Practices (the “Notice”) tells you about the ways we may use and disclose your protected health information (“medical information”) and your rights and our obligations regarding the use and disclosure of your medical information. “We” refers to, and this Notice applies to, [MD Integrations, Curexa Pharmacy], including, respectively, their providers and employees (“Medical Groups”).
We maintain the privacy of your medical information and notify affected individuals following a breach of unsecured medical information, in each case to the extent required by state and federal law. We provide you this Notice explaining our legal duties and privacy practices with respect to medical information about you.
The following categories describe the different ways that we typically use and disclose medical information, the purposes for such uses and disclosures, and the reasons for such uses and disclosures. As noted below, we may contact you via different methods that you may approve, such as via text message, email, or through your Male MD account. In most instances, your initial communication with the applicable Medical Group will be through an interaction with the Medical Group.
Specifically speaking, the applicable Medical Group may communicate with you in the following specific ways and for the following specific purposes:
Type & Purpose
In some cases, communications between you and Male MD will include health information in unencrypted forms (most notably email and text). The information included within these communications will never include highly-sensitive information including your medical history, medication prescribed outside of the Male MD Platform, and the photos your provide in your consultation. You are authorizing Male MD to communicate with you using unencrypted mediums (like email and text) for some PHI including, but not limited to your Male MD treatment plan, the name of your Provider, and the condition you’re seeking treatment for.
With this authorization, you understand the following risks of communicating using unencrypted mediums:
Certain laws and regulations provide you with certain rights regarding the medical information we have about you. The following is a summary of those rights.
We reserve the right to change this Notice at any time, along with our privacy policies and practices. We reserve the right to make the revised or changed Notice effective for medical information we already have about you as well, as any information we receive in the future. We will post a copy of the current notice, along with an announcement that changes have been made, as applicable, on our website and in any physical office in which the Medical Groups practice medicine. When changes have been made to the Notice, you may obtain a revised copy by writing to support@malemd.com.
If you believe that your privacy rights as described in this Notice have been violated, you may file a complaint with the applicable Medical Group at support@malemd.com.
The Medical Groups will not retaliate against any individual who files a complaint. You may also file a complaint with the Secretary of the Department of Health and Human Services.
In addition, if you have any questions about this Notice, please contact support@malemd.com.
LAST UPDATED: March 15, 2022
Although Male MD never “sells” your Personal Information or Health Information within the
normal
meaning of the word, we do use cookies, pixels, and similar technology to improve your user
experience. We take your privacy and trust in us seriously. We are committed to protecting the
privacy and security of the information that you share with us. You can read more about our
privacy practices in our Privacy Notice.
The California Consumer Privacy Act (“CCPA”) provides California residents certain privacy
rights, including the right to opt out of the sale of their Personal Information. Like many
websites, we share certain information, such as your IP address, device ID, click ID, or other
similar online identifiers with certain third party vendors in order to optimize our marketing
activities and improve your user experience. The CCPA considers the sharing of this information
a “sale” and something which you are entitled to opt out of.
Please note that if you opt out, your online experience may be affected to the extent that
these
cookies, pixels, and similar technology will no longer be able to operate properly. Cookies,
pixels, and similar technology that are essential to the functionality of our website or used
strictly by service providers to provide services to us cannot be disabled. Your opt-out preferences may be reset if you clear your cookies,
use a different browser, or switch devices. If you are a California resident and
would like to opt out, you may do so below:
YOU UNDERSTAND THAT BY CHECKING THE "AGREE" BOX FOR THESE TERMS OF USE AND/OR ANY OTHER SUCH FORM OF THE SAME PRESENTED TO YOU FROM TIME TO TIME ON THE SITE YOU ARE AGREEING TO THESE TERMS OF USE AND THAT SUCH ON-GOING ACTIONS IN USING THE SITE CONSTITUTE A LEGAL SIGNATURE AND ON-GOING AGREEMENT TO THESE TERMS OF USE (IN WHATEVER FORM).
All capitalized terms used in this Consent to Telehealth but not defined herein have the meanings assigned to them in the Terms of Use. For avoidance of any doubt, the terms "MaleMD", "we", "us", or "our" refer to MaleMD LLC and the terms "you" and "yours" refer to the person using the Service.
Telemedicine involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a member who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or member education, and may include, but is not limited to:
The electronic systems used in the MaleMD Service 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.
Possible Benefits of Telemedicine
Possible Risks of Telemedicine
By accepting this Consent to Telehealth, you acknowledge your understanding and agreement to the following:
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