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AMONG OTHER ACTIVITIES, M&D INTEGRATIONS INC.’S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.
YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITES OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SITES OR ANY SERVICES PROVIDED ON OR THROUGH THE SITES.
THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.
INTRODUCTION
M&D Integrations, Inc. (collectively, “M&D Integrations,” “we”, “us”, or “our”) own and operate the websites located at www.mdintegrations.com. The Sites are intended to facilitate the provision of the Services to registered users. The “Services” may include (i) providing individuals with information on health care and wellness (“Content”); (ii) providing individuals with access to technology-oriented tools for acne treatment; (iii) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, and communications; (iv) administrative support in connection with scheduling, and payment for health care provider services; and (v) telecommunications support for using the Services as a means of direct access to health care providers provided by M&D Integrations and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers.
These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with regard to the M&D Integrations Sites that you may use to receive Services. Your access to and use of the Sites is subject to these Terms of Use, our Privacy Policy, as well as all applicable laws and regulations. In these Terms of Use, the terms “you” and “yours” refer to the person using the Services. Even though you may have arrived to the Sites through a website or mobile application operated or controlled by a third party, you understand and agree that these Terms of Use are entered into between you and M&D Integrations. If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Sites, Services or any information or Content provided through the Sites or Services. The Sites and Services are continually under development, and M&D Integrations reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. Any changes to these Terms of Use are effective upon posting to the Sites.
Unless otherwise indicated, any new Content added to the Services is also subject to these Terms of Use upon posting to the Sites. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Sites and/or Services. Your continued use after a change has been posted constitutes your acceptance of the changes.
AVAILABILITY
Certain of our Services are currently only available to individuals located in certain states. (See List of States.)
ELIGIBILITY
In order to qualify to use the Services, the following must be true:
● You are age 18 years or over or are accompanied by your parent/guardian.
● You are located in a State Where We Operate.
● You agree to be legally bound by and comply with these Terms of Use. You understand and agree that satisfying the above requirements does not guarantee that you will receive Services through M&D Integrations. In addition to the above requirements, M&D Integrations and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.
REQUIREMENTS FOR USE
You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Sites.
FULFILLMENT
Medical consultations and messages will be reviewed within 24 hours of submission.
SPECIAL CONSENT TO TELEHEALTH SERVICES
Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
● Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
● Interactions between a patient and health care provider via audio, video, and/or data communications; and
● Use of output data from medical devices, sound, and video files.
The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
CALIFORNIA NOTICE TO CONSUMERS
Medical doctors are licensed and regulated by the Medical Board of California.
(800) 633-2322
Complaints may be filed online at http://www.mbc.ca.gov/
Breeze/Complaints.aspx or submitted in hard copy form. A Consumer Complaint Form, including instructions for completing it, may be found at http://www.mbc.ca.gov/
Consumers/Complaints/
Submit_By_Mail.aspx. A hard copy Consumer Complaint Form should be submitted to:
Medical Board of California
Central Complaint Unit
2005 Evergreen Street, Suite 1200
Sacramento, CA 95815
The Central Complaint Unit of the Medical Board of California can be contacted by phone at 1-800-633-2322 or 916-263-2382.
KANSAS
It is unlawful for any person who is not licensed under the Kansas Healing Arts Act to open or maintain an office for the practice of the healing arts in this State.
This office is maintained under the authority of a person who is licensed to practice the healing arts of Kansas.
Questions and concerns regarding this professional practice may be directed to:
Kansas State Board Of Healing Arts
800 SW Jackson, Lower Level-Suite A
Topeka, Kansas 66612
Phone: (785) 296-7413
Toll Free: 1(888) 886-7205
Fax: (785) 296-0852
Website: www.ksbha.org
OREGON
Complaints about physicians, as well as other licensees and registrants of the Oregon Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation to:
Oregon Medical Board
Investigations Manager
1500 SW 1st Ave. #620
Portland, OR 97201
P: (971) 673-2702
Toll Free: 1(877) 254-6263
https://www.oregon.gov/omb/investigations/pages/how-to-file-a-complaint.aspx
TEXAS
Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation to:
Texas Medical Board
Attention: Investigators
333 Guadalupe, Tower 3, Suite 610
P.O Box 2018, MC-263
Austin, TX 78768-2018
Assistance in filing a complaint is available by calling 1-800-201-9353. For more information, visit www.tmb.state.tx.us
Las quejas sobre médicos, asi como sobre otros profesionales acreditados e inscritos del Consejo Médico de Tejas, incluyendo asistentes de médicos, practicantes de acupuntura y asistentes de cirugia, se pueden presentar en la siguiente dirección para ser investigadas:
Texas Medical Board Attention: Investigations 333 Guadalupe, Tower 3, Suite 610 P.O. Box 2018, MC-263 Austin, Texas 78768-2018
Si necesita ayuda para presentar una queja, lame al: 1-800-201-9353, Para obtener más información, visite nuestro sitio web en www.tmb.state.tx.us.
PRIVACY POLICY
M&D Integrations understands the importance of confidentiality and privacy regarding your health
information. M&D Integrations will act in accordance with HIPAA to protect your private health
information.
YOUR RELATIONSHIP WITH M&D INTEGRATIONS
M&D Integrations does not provide any medical services, including via the Sites and Services.
Rather, M&D Integrations provides a technology platform for you to access a health care provider
employed or contracted with M&D Integrations physicians or similar affiliated professional entities
and obtain access to additional information, which you may or may not choose to utilize in planning your
health care and wellness. The health and wellness resources made available through our Services are not
a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis,
treatment recommendations, or both, rests with you and the health care provider. You understand that by
coordinating and in certain cases consulting with M&D Integrations or affiliate health care provider
through the Services, you are not entering into a provider-patient relationship with M&D
Integrations itself.
By accepting the Terms of Use, you agree and consent to M&D Integrations, M&D Integrations affiliates, or health care providers sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us or any M&D Integrations affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.
CONSULTATIVE SERVICE
In some cases, a M&D Integrations physician or affiliated health care provider may use the Services
to provide advice or treatment to you. A health care provider consulting with you through the Services
may not have the benefit of information that would be obtained by examining you in person and observing
your physical condition, in each instance. Therefore, the health care provider may not be aware of facts
or information that may affect his or her opinion regarding a potential diagnosis or treatment
recommendation. To reduce the risk to you of this limitation, M&D Integrations strongly encourages
you to provide all relevant information and discuss any and all diagnosis and treatment options with a
health care provider. Moreover, a health care provider utilizing M&D Integrations may be limited by
state law in prescribing certain medications to you without first conducting an in-person physical
examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these
limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that:
(i)any diagnosis you may receive is limited and, in some cases, provisional;
(ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Services may not have important information
that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease or injury.
For more information regarding the health care services offered by health care providers utilizing the Services, please visit mdintegrations.com.
SITE CONTENT
Except for specific communications received from your M&D Integrations physician or affiliate health
care organizations and providers, none of the Content you receive through the Sites should be considered
medical advice.
REGISTRATION AND USER ACCOUNTS
Although certain parts of the Sites are accessible by any individual, you are obligated to register with
M&D Integrations in order to access the Services. The Services are available only to users who have
registered with M&D Integrations and to other persons affiliated with M&D Integrations who have
been granted accounts with usernames and passwords (“Secure Users”). If you are a
Secure User, you agree to provide information that is accurate, complete and correct, and to accurately
maintain and update any information about yourself that you have provided to M&D Integrations. If
you do not maintain such information, or M&D Integrations has reasonable grounds to suspect as much,
M&D Integrations has the right to suspend or terminate your account and your use of the Services.
You agree to keep confidential your username and password and to exit from your Secure User account at
the end of each session. You are responsible for all activities that occur under your account and for
maintaining the confidentiality of your password. You are responsible for changing your password
promptly if you think it has been compromised. You may not transfer or share your password with anyone,
or create more than one account. You may not use anyone else’s account at any time. M&D Integrations
explicitly disclaims liability for any and all losses and damages arising from your failure to comply
with this section. You acknowledge and agree that: (1) all or any part of the Sites may not be
accessible at any time, for any period, or for any reason; and (2) M&D Integrations will not be
liable if for any reason all or any part of the Sites are unavailable at any time or for any period.
ACCESS RIGHTS AND PROHIBITED USE
Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited,
revocable, non-exclusive, and nontransferable right to view, download, access, and use the Sites in the
United States and to use the Services solely for your personal and non-commercial use and only as
permitted under these Terms of Use, the Consent to Telehealth, and the Privacy Policy.
OWNERSHIP OF SITE CONTENT
As between M&D Integrations and you, M&D Integrations is the sole and exclusive owner of all
right, title and interest in and to the Sites and their content, features and functionality, other
Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback
provided by you.
LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES
The Sites may contain hyperlinks or references to other websites (“Linked Sites”)
operated by third parties. The Linked Sites may not be under our control, therefore, we are not
responsible for the information, products or services described thereon, or for the content of any
Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or
updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the
inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with
its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any
way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection
with use of or reliance on information contained in or provided to Linked Sites.
You may have arrived to the Sites through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of M&D Integrations. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms of Use will apply to your use of or access to the Sites.
TERMINATION
The Terms of Use will remain in full force and effect as long as you continue to access or use the Sites
or Services. You may terminate the Terms of Use at any time by discontinuing use of the Sites. Your
permission to use the Sites automatically terminates if you violate these Terms of Use.
M&D Integrations may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Sites or Services with or without prior notice, for any reason, and at any time. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Venue, Severability of Provisions; No Waiver; and Assignment.
After such termination, M&D Integrations will have no further obligation to provide the Services, except to the extent an affiliated professional entity is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical and professional obligations to you.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITES
AND ANY SERVICES ARE PROVIDED THROUGH THE SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS. M&D
Integrations AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PROFESSIONALS, PROFESSIONAL
ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS,
PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER M&D Integrations NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITES. FURTHERMORE, M&D Integrations DOES NOT GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND M&D Integrations DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SITES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS
SECTION, IN NO EVENT WILL M&D Integrations, ITS RELATED PERSONS OR ENTITIES OR LICENSORS BE LIABLE
TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR
EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, WARRANTY, OR OTHERWISE, INCLUDING,
BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR
FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR
IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITES OR ANY SERVICES PROVIDED THROUGH
THE SITES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES. THIS IS TRUE
EVEN IF M&D Integrations OR RELATED
PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless M&D Integrations, its affiliates (including
without limitation all affiliated professionals and professional entities), subsidiaries, and their
directors, officers, employees, contractors, licensors, representatives, proprietors, partners,
shareholders, servants, principals, agents, assigns, and attorneys harmless from and against any and all
third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities,
obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’
fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from,
your use of materials or features available on the Site.
MODIFICATIONS TO THE SITES
M&D Integrations reserves the right at any time and for any reason to modify, or temporarily or
permanently discontinue, the Sites or Services or any portion thereof, with or without notice. You agree
that M&D Integrations shall not be liable to you or to any third party for any modification,
suspension, or discontinuance of the Site or Services.
PAYMENT
You agree to pay all fees due for services requested. You will see a prompt for your payment details,
such as your credit card information and any promotional codes you may have. By entering your payment
information and submitting your request, you authorize us, our affiliates, or our third-party payment
processors to charge the amount due.
GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE; SEVERABILITY OF PROVISIONS
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND M&D Integrations TO RESOLVE ALL
DISPUTES BETWEEN US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM M&D Integrations.
These Terms of Use and your use of the Sites shall be governed by the laws of the State of New York, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively in the County of Nassau, New York. The parties agree that the Supreme Court of the State of New York located in Nassau County, New York shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.
All parts of these Terms of Use apply to the maximum extent permitted by law. M&D Integrations and you both agree that if we cannot enforce a part of this contract
as written, then that part will be replaced with terms that most closely match the intent of the part
we cannot enforce, to the extent permitted by law.
The invalidity of part of these Terms of Use will not affect the validity and enforceability of the
remaining provisions. The section headings are for convenience only and do not have any force or effect.
NO WAIVER
No waiver by M&D Integrations of any term or condition set forth in these Terms of Use shall be
deemed a further or continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure by M&D Integrations to assert a right or provision under these Terms of
Use shall not constitute a waiver of such right or provision.
REMEDIES
You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an
unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also
agree that monetary damages would be inadequate for such harm and consent to our obtaining any
injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to
any other remedies we may have at law or in equity.
ASSIGNMENT
You may not assign any of your rights under this agreement, and any such attempt will be null and void.
DIGITAL MILLENNIUM COPYRIGHT ACT
M&D Integrations reserves the right to remove any content or any other material or information
available on or through our Sites, at any time, for any reason. M&D Integrations otherwise complies
with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service
providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright
infringement. This Section describes the procedure that should be followed to file a notification of
alleged copyright infringement with M&D Integrations
Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our Designated Agent at the following address: courtney@mdintegrations.com
Any notification to M&D Integrations under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
● An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
● An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
● An identification of the content or material that you claim is infringing and where it is located on our Sites;
● Information sufficient for M&D Integrations to contact you, such as your address, telephone number, and/or email address;
● A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
● A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
Uses and disclosures of your protected health information that do not require an authorization
Treatment. For example, doctors, nurses, and other staff members involved in your care will use your PHI to coordinate your care or to plan a course of treatment for you.
Payment. For example, we may disclose information regarding your medical procedures and treatment to your insurance company to arrange payment for the services provided to you.
Health Care Operations. For example, we may disclose your PHI for billing or interpreter support. We may use your PHI to conduct an evaluation of the treatment and services provided or to review staff performance.
Communicating with You. We will use your PHI to communicate with you about a number of important topics, including information about your care, treatment options and other health-related services
We may also contact you at the email, phone number or address that you provide, including via text messages, for these communications. If your contact information changes, it is important that you let us know. We will only provide you a link via text or e-mail which will require you to verify yourself prior to opening the message within the MDI messaging portal.
Business Associates. At times, we need to disclose your PHI to persons or organizations outside MDI who assist us with our payment/billing and health care operations. We require these business associates and their subcontractors to appropriately safeguard your PHI.
Other Uses and Disclosures. We may be permitted or required by law to make certain other uses and disclosures of your PHI without your authorization. Subject to conditions specified by law, we may release your PHI:
● for any purpose required by law
● for public health activities, including required reporting of disease, injury, birth and death, for required public health investigations, and to report adverse events or enable product recalls
● to government agencies if we suspect child/elder adult abuse or neglect. We may also release your PHI to government agencies if we believe you are a victim of abuse, neglect or domestic
● to your employer when we have provided screenings and health care at their request for occupational health and safety
● to a government oversight agency conducting audits, investigations, inspections and related oversight functions
● in emergencies, such as to prevent a serious and imminent threat to a person or the public
● if required by a court or administrative order, subpoena or discovery request
● for law enforcement purposes, including to law enforcement officials to identify or locate suspects, fugitives or witnesses, or victims of crime
● to coroners, medical examiners and funeral directors
● if necessary to arrange organ or tissue donation or transplant
● for national security, intelligence, or protective services activities
● for purposes related to your workers’ compensation benefits
Except as outlined above, we will not use or disclose your PHI for any other purpose unless you have signed a form authorizing the use or disclosure. You may revoke an authorization in writing, except to the extent we have already relied upon it.
In some situations, a signed authorization form is required for uses and disclosures of your PHI, including:
● most uses and disclosures of psychotherapy notes
● uses and disclosures for marketing purposes
● disclosures that constitute the sale of PHI
● uses and disclosures for certain research protocols
● as required by privacy law. The confidentiality of substance use disorder and mental health treatment records as well as HIV-related information maintained by us is specifically protected by state and/or federal law and regulations. Generally, we may not disclose such information unless you consent in writing, the disclosure is allowed by a court order, or in other limited, regulated circumstances.
Access to Your PHI. You can access and inspect paper or electronic copies of certain PHI that we maintain about you. You may readily access much of your health information without charge using the following link: https://privacy.mdintegrations.com. In line with set fees under federal and state law, we may charge you for a copy of your medical records.
Amendments to Your PHI. You can request amendments, or changes, to certain PHI that we maintain about you that you think may be incorrect or incomplete. All requests for changes must be in writing, signed by you or your representative, and state the reasons for the request. If we decide to make an amendment, we may also notify others who have copies of the information about the change. Note that even if we accept your request, we may not delete any information already documented in your medical record. You can make such requests by contacting support@mdintegrations.com or directly inside your MDI patient portal under the “privacy center” section.
Accounting for Disclosures of Your PHI. In accordance with applicable law, you can ask for an accounting of certain disclosures made by us of your PHI. This request must be in writing and signed by you or your representative. This does not include disclosures made for purposes of treatment, payment, or health care operations or for certain other limited exceptions. An accounting will include disclosures made in the six years prior to the date of a request.
Restrictions on Use and Disclosure of Your PHI. You can request restrictions on certain of our uses and disclosures of your PHI for treatment, payment, or health care operations. We are not required to agree but will attempt to accommodate reasonable requests when appropriate.
Restrictions on Disclosures to Health Plans. You can request a restriction on certain disclosures of your PHI to your health plan. We are only required to honor such requests when services subject to the request are paid in full. Such requests must be made in writing and identify the services to which the restriction will apply.
Confidential Communications. You can request that we communicate with you through alternative means or at alternative locations, and we will accommodate reasonable requests. You must request such confidential communication in writing to each department you would like to accommodate the request.
Breach Notification. We are required to notify you in writing of any breach of your unsecured PHI without unreasonable delay and no later than 60 days after we discover the breach.
Complaints. If you believe your privacy rights have been violated, you can file a complaint with the MD Integrations privacy officer (Ana Ramos) by contacting support@mdintegrations.com or calling 6297775752.
You can also file a complaint with the Secretary of the U.S. Department of Health and Human Services in Washington D.C.
A complaint must be made in writing and will not in any way affect the quality of care we provide you.
SIDE EFFECTS: COMPREHENSIVE DISCLOSURE AND NOTICE
Medications and drugs may potentially cause side effects. This section aims to inform users about the known side effects of the medications used in the compounding formulas offered by JoyLocks. It is important to note that this list may not cover all possible side effects, and additional information may be available in the literature.
USERS ACKNOWLEDGEMENT AND LIABILITY WAIVER
By using JoyLocks, users agree that under no circumstances shall Club View Capital, doing business as JoyLocks, its officers, directors, employees, health counselors, independent contractors, or staff physicians or agents be held liable for any direct (including death), psychological, emotional, indirect, incidental, financial, special, punitive, or consequential damages arising from (1) the purchase and use of products sold on our website, and (2) any side effects that these medications may cause, either when used individually or compounded together in a formula. If you have concerns about the potential side effects of these medications, we strongly advise against using JoyLocks. By agreeing to purchase and use JoyLocks, you confirm that you understand and accept the below-stated side effects, acknowledging that any of these side effects may occur, and they could be either temporary or permanent. Additionally, you acknowledge that there may be side effects not listed here, and this list is not exhaustive.
DISCLAIMER OF RESPONSIBILITY
We do not assume any responsibility for the safety or efficacy of the products sold through this website, nor do we accept liability for any possible side effects resulting from the use of these products. By accessing this Drug Safety & Information page, you affirm that you have provided accurate medical history and have duly informed your prescribing physician of all ongoing medical conditions, risk factors, medications, and allergies, and that you have undergone a medical examination to confirm your health status before your telemedicine visit. We strongly encourage consumers to consult their personal physicians regarding the safety and efficacy of such products before use. None of the products sold on this website are intended to treat, prevent, cure, relieve, resolve, or stop any medical condition. Compound prescription products have not been evaluated or approved by the FDA for their intended use. This product may cause skin burns, temporary or permanent, and may lead to permanent scarring alopecia.
IMPORTANT HEALTHCARE COUNSELORS INFORMATION
The information provided by our healthcare counselors does not replace discussions with your primary care physician concerning your medical conditions and treatment with oral or topical compounded formulations containing Finasteride, Dutasteride, Minoxidil, Spironolactone, Retinoic Acid, and/or Hydrocortisone. It is essential to thoroughly read all the information provided before commencing any of our prescribed formulations, and we recommend revisiting this information with every new refill, as updates and new information may be provided.
FINASTERIDE SIDE EFFECTS: COMPREHENSIVE DISCLOSURE AND NOTICE TO USERS
Before initiating Finasteride treatment or obtaining a refill, it is essential to thoroughly review the information provided here. Please note that this information does not replace consultations with your healthcare provider concerning your medical condition and treatment. While Finasteride has FDA approval for use in men to treat androgenetic alopecia in oral form, all other formulations are considered off-label. To ensure full transparency, the side effects of Finasteride include, but are not limited to:.
Please be aware that all sexual side effects may be long-term or permanent. Users are prohibited from sharing this medication with any female, as Finasteride is not FDA-approved for use in women due to its potential to cause birth defects in male fetuses. Pregnant women and children must not use Finasteride or come into direct skin contact with it.
For women over 50, Finasteride may be used off-label to treat hair loss in certain circumstances. However, its effectiveness and potential risks/side effects in women are not well understood due to the lack of large-scale clinical trials in this population. Studies have suggested that women may experience similar side effects to men taking Finasteride (as listed above) when used off-label for hair loss. Additionally, women may experience dry skin, acne, headaches, irregular menses, increased body hair, headache, dizziness, fatigue, weight gain, elevated liver enzymes, and edema.
This list of side effects is not exhaustive, and users acknowledge that there may be other side effects not yet reported, discovered, or listed in the literature. It is crucial to be fully informed about the above side effects before using Finasteride. We aim to empower our patients to make educated decisions about their treatment choices.
Please refer to the following links as additional references for more information on Finasteride:
Regarding PSA (Prostate Specific Antigen) testing while taking Finasteride, it is essential to inform your physician about the medication as it can reduce PSA levels by up to 50%. This reduction can mask underlying prostate cancer. Hence, it is vital to communicate your Finasteride usage to accurately interpret your PSA test results. The American Academy of Family Physicians, the Canadian Task Force on Preventive Health Care, and the American College of Physicians have specific recommendations regarding PSA-based screening for prostate cancer. It is advisable to discuss these recommendations and engage in shared decision making with your clinician based on individual values and preferences.
As the field of medical knowledge is continuously evolving, it is essential to stay updated on any new information related to Finasteride use and its side effects.
PREGNANCY WARNING: Females who are pregnant or may become pregnant must avoid any contact with Finasteride. Finasteride has the potential to harm the unborn baby. If a pregnant woman or a child comes into contact with a Finasteride solution or crushed pills, it is essential to immediately wash the affected area with soap and water and seek advice from a healthcare provider.
If a pregnant woman carrying a male baby fetus ingests or comes into contact with Finasteride, it may lead to abnormal development of the male baby's sex organs. Moreover, Finasteride could also impact sperm counts and quality and may be present in the sperm in very low quantities. However, based on data from clinical trials, there are currently no recommendations suggesting that men should avoid taking Finasteride during conception or while their partner is pregnant.
DUTASTERIDE SIDE EFFECTS: COMPREHENSIVE DISCLOSURE AND NOTICE TO USERS
TBefore commencing Dutasteride treatment or obtaining a refill, carefully review this section as it may contain updated information. This information does not replace discussions with your healthcare provider regarding your medical condition and treatment plan. Dutasteride has FDA approval for treating benign prostatic hyperplasia in men in its oral form; however, all other formulations are considered off-label. We provide full transparency regarding the potential side effects of Dutasteride, including, but not limited to:
Please be aware that all sexual side effects may be long-term or permanent. It is crucial not to share this medication with any female, as Dutasteride is not FDA-approved for use in women due to its potential to cause birth defects in male fetuses. Pregnant women and children should not use or come into direct skin contact with Dutasteride.
Although Dutasteride is not the same as Finasteride, the possibility of post-dutasteride syndrome may still exist. For more information, you can refer to post-finasteride syndrome at www.pfsfoundation.org/about-pfs-post-finasteride-syndrome/.
When used off-label for treating hair loss in women, Dutasteride's effectiveness and potential risks/side effects are not well understood due to the lack of large-scale clinical trials in this population. Studies indicate that women may experience similar side effects to men taking Dutasteride (as listed above). Additionally, women may experience dry skin, acne, headaches, irregular menses, increased body hair, dizziness, fatigue, weight gain, elevated liver enzymes, and edema.
Please note that this list of side effects may not be exhaustive, and there may be other side effects that have not yet been reported, discovered, or listed in the literature. We aim to provide complete transparency about the possibility of Dutasteride's side effects, some of which may be long term. Your full understanding of these potential side effects is essential as we strive to empower patients to make informed decisions about their treatment choices.
For PSA (Prostate Specific Antigen) testing while using Dutasteride, it is vital to inform your physician about the medication as it can reduce PSA levels significantly. This reduction can mask underlying prostate cancer. Therefore, disclosing your Dutasteride usage is crucial to accurately interpret your PSA test results.
Regarding recommendations for PSA-based screening for prostate cancer, various medical organizations have specific guidelines. It is advisable to discuss these guidelines and engage in shared decision making with your clinician based on individual values and preferences.
If any rare or uncommon side effects, such as sexual or psychological side effects, occur, even if mild, please report them to your doctor immediately and discontinue the medication. There is an increased risk of more advanced stages of prostate cancer or serious prostate cancer. In rare cases, male breast cancer has also been reported.
Please note that Dutasteride is an FDA-approved medication used to treat enlarged prostate and has been used off-label to treat male pattern hair loss. Compounded medications, including topical versions of Dutasteride, have not been tested or approved by the FDA. The combination of Dutasteride, Minoxidil, Retinoic Acid, and/or Hydrocortisone is a compounded prescription medication prescribed by your doctor and is not tested or approved by the FDA.
PREGNANCY WARNING: Females who are pregnant or may become pregnant should avoid any contact with Dutasteride. Dutasteride may harm the unborn baby. If a pregnant woman or a child comes into contact with Dutasteride solution or crushed pills, it is imperative to wash the area immediately with soap and water and seek advice from a healthcare provider. If a pregnant woman carrying a male baby fetus ingests or comes into contact with Dutasteride, it may lead to abnormal development of the male baby's sex organs. Moreover, Dutasteride could also impact sperm counts and quality, but based on data from clinical trials, there are currently no recommendations suggesting that men should avoid taking Dutasteride during conception or while their partner is pregnant.
MINOXIDIL SIDE EFFECTS: FULL DISCLOSURE AND NOTICE TO USERS
By viewing this Drug Safety & Information page, you confirm that you have provided accurate medical history and correctly informed your prescribing physician of any cardiac, vascular, liver or kidney disease and have been examined by a physician to confirm your health prior your telemedicine visit. Systemic Minoxidil is a potent vasodilator with potential to produce hypotension and reflex tachycardia; serious complications may occur. Minoxidil is relatively contraindicated in patients with cardiac disease (including angina, coronary artery disease, recent or acute myocardial infarction), or cerebrovascular disease because a reflex increase in heart rate and decrease in blood pressure can exacerbate these conditions. Side effects may include pericardial effusion, heart failure, cardiac tamponade, pericarditis, Stevens-Johnson syndrome, allergic reaction, swelling of extremities, edema, peripheral edema , sodium retention, hypotension, angina, sinus tachycardia, leukopenia, thrombocytopenia, bullous rash, contact dermatitis, erythema, mastalgia, headache, hypertrichosis, pruritus, xerosis, vomiting, nausea, irritation, flakiness, itch, tingling and burning. This medication may burn the skin, temporarily or permanently and may cause permanent scarring alopecia.
If applied with fingertips, wash hands thoroughly after applying. If the metered-spray applicator is used, avoid inhalation of the mist. Minoxidil is classified as pregnancy risk category C. Although no adequate human studies have examined the effects of this drug on the fetus, animal reproduction studies have shown adverse effects, including reduced ability to conceive and a reduced survival of offspring. Dysmorphic facial features and hypertrichosis were observed in an infant whose mother took oral Minoxidil during pregnancy. According to the manufacturer, Minoxidil should not be administered to a nursing mother. Skin abrasion or irritations, such as excoriations, psoriasis, or sunburn, can increase the systemic absorption of topically administered Minoxidil. The safety and efficacy of topical Minoxidil products have not been established in children and adolescents. Children should not take or come in contact with Minoxidil. Minoxidil can be toxic to some animals, so do not let your pets come into contact with it or lick your hands after application. We are incorporating the following drug PDR in this section by referencing it here: https://www.pdr.net/drug-summary/Minoxidil-minoxidil-774.
RETINOIC ACID (TRETINOIN) SIDE EFFECTS: FULL DISCLOSURE AND NOTICE TO USERS
Side effects may include: GI bleeding, disseminated intravascular coagulation (DIC), arrhythmia exacerbation, pleural effusion, visual impairment, increased intracranial pressure, intracranial bleeding, heart failure, hearing loss, pulmonary edema, laryngeal edema, peptic ulcer, cardiomyopathy, pericarditis, pulmonary hypertension, myocarditis, myocardial infarction, cardiac arrest, stroke, agnosia, seizures, coma, renal failure (unspecified), renal tubular necrosis, erythema nodosum, differentiation syndrome, pericardial effusion, hypervitaminosis A, pancreatitis, thrombosis, papilledema, spontaneous fetal abortion, teratogenesis, bone pain, dyspnea, elevated hepatic, enzymes, hyperlipidemia, bleeding, fluid retention, peripheral edema, stomatitis, constipation, wheezing, hypotension, depression, phlebitis, hypertension, confusion, flank pain, hepatomegaly, splenomegaly, dysuria, edema, hallucinations, ascites, hepatitis, impaired, cognition, ataxia, dysarthria, aphasia, encephalopathy, thrombocytosis, erythema, hypoxia, respiratory depression, pseudotumor cerebri, hypertriglyceridemia, hypercholesterolemia, hypercalcemia, headache, fever, fatigue, malaise, shivering, vomiting, nausea, rash, leukocytosis, abdominal pain,, weight gain, diarrhea, flushing, otalgia, dizziness, diaphoresis, anorexia, weight loss, anxiety, paresthesias, alopecia, myalgia, dyspepsia, insomnia, agitation, pallor, asterixis, weakness, tremor, hyporeflexia, drowsiness, hypothermia, increased urinary, frequency, skin hyperpigmentation, skin hypopigmentation, skin irritation, pruritus, xerosis, photosensitivity, vesicular rash. Tretinoin should not be used during pregnancy and breastfeeding. The safety and efficacy of topical tretinoin products have not been established in children and adolescents. Children should not take or come in contact with tretinoin. We are incorporating the following drug PDR in this section by referencing it here: https://www.pdr.net/drug-summary/Tretinoin-tretinoin-24012.
HYDROCORTISONE SIDE EFFECTS: FULL DISCLOSURE AND NOTICE TO USERS
Side effects may include: exfoliative dermatitis, increased intracranial pressure, papilledema, tendon rupture, bone, fractures, avascular necrosis, esophageal ulceration, GI perforation, pancreatitis, GI bleeding, peptic ulcer, skin atrophy, anaphylactoid reactions, lupus-like symptoms, angioedema, heart, failure, seizures, optic neuritis, retinopathy, visual impairment, ocular hypertension, cardiac, arrest, thrombosis, pulmonary edema, stroke, bradycardia, vasculitis, cardiomyopathy, rosacea, peri-oral dermatitis, myocardial infarction, arrhythmia exacerbation, thromboembolism, erythema, hypothalamic-pituitary-adrenal (HPA) suppression, hypotension, physiological dependence, pseudotumor cerebri, withdrawal, adrenocortical insufficiency, hypothyroidism, Cushing’s, syndrome, hyperthyroidism, postmenopausal bleeding, osteopenia, myopathy, osteoporosis, constipation, gastritis, impaired wound healing, skin ulcer, candidiasis, neutropenia, immunosuppression, hypertension, hypokalemia, hypernatremia, hypocalcemia, metabolic, alkalosis, edema, fluid retention, sodium retention, neuritis, psychosis, memory impairment, peripheral neuropathy, euphoria, mania, delirium, hallucinations, EEG changes, amnesia, depression, impaired cognition, exophthalmos, blurred vision, ocular infection, cataracts, glycosuria, hyperglycemia, diabetes mellitus, phlebitis, hypercholesterolemia, sinus tachycardia, palpitations, angina, tolerance, growth inhibition, hepatomegaly, elevated hepatic enzymes, contact dermatitis, anemia, glossitis, pruritus, maculopapular rash, xerosis, skin irritation, lethargy, fever, dysmenorrhea, amenorrhea, menstrual irregularity, arthralgia, myalgia, arthropathy, weakness, abdominal pain, appetite stimulation, nausea, weight gain, vomiting, hiccups, anorexia, weight loss, diarrhea, petechiae, urticaria, acne vulgaris, telangiectasia, folliculitis, alopecia, skin hyperpigmentation, acneiform rash, hypertrichosis, rash, miliaria, perineal pain, diaphoresis, striae, purpura, ecchymosis, hirsutism, injection site reaction, skin, hypopigmentation, leukocytosis, infection, vertigo, restlessness, malaise, irritability, anxiety, headache, emotional lability, paresthesias, insomnia, syncope, dizziness. Hydrocortisone should not be used during pregnancy and breastfeeding. The safety and efficacy of topical Hydrocortisone products have not been established in children and adolescents. Children should not take or come in contact with Hydrocortisone. The side effects of long-term use of Hydrocortisone have not been established in clinical studies. JoyLocks formula does contain Hydrocortisone 1% and you are placed on notice regarding the long-term side effects, which include, but are not limited to, the side effects listed above. If you do not want the Hydrocortisone included in the JoyLocks product, please notify us and your formula will be customized to remove the Hydrocortisone. You are giving consent allowing us to use Hydrocortisone in your product, and understand and agree to the side effects. We are incorporating the following drug PDR in this section by referencing it here: https://www.pdr.net/drug-summary/Hydrocortisone-Lotion-2-5–hydrocortisone-3417.4123.
Updated: January 1, 2023
When you click "I Agree", check a related box, use another acceptance protocol provided by the Service or otherwise accept these Terms and Conditions, you are acknowledging that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to these Terms and Conditions, do not use the Service or create an account. By accepting these Terms and Conditions, you are granting agency authority to anyone who clicks on the "I Agree" button or accepts these Terms and Conditions on your behalf.
ARBITRATION NOTICE: Unless you opt-out of arbitration in accordance with these Terms and Conditions, disputes between you and us or you and the medical groups or providers relating to these Terms and Conditions or the Service will be resolved through binding individual arbitration. You waive your rights to participate in a class-action lawsuit or class-wide arbitration and to a jury trial. We explain some exceptions and how you can opt-out of arbitration below.
In case of a medical emergency, seek in-person emergency care immediately or dial 911. The Service may not be appropriate for all medical conditions or concerns. This Agreement is subject to change as provided herein.
Joylocks Enterprises LLC Health, Inc. and its subsidiaries (collectively, "Joylocks Enterprises LLC," "we," or "us") own and operate the Platform, which includes the websites located at www.joylocks.com and any Joylocks mobile application (collectively, the "Platform"). The Service, which includes any products or services provided through the Platform or otherwise by Joylocks Enterprises LLC, any affiliated website, software, or application owned or operated by Joylocks Enterprises LLC, and any Content associated with the Platform, is governed by these Terms and Conditions ("Terms and Conditions" or "Agreement").
Please read this Agreement carefully. The terms "you" and "yours" refer to the person using the Service or, in the case of a use of the Service by or on behalf of a minor, "you" and "yours" refer to and include (i) the parent or legal guardian who provides consent to the use of the Service by such minor or uses the Service on behalf of the minor, and (ii) the minor for whom consent is being provided or on whose behalf the Service is being utilized. Please see the "Limited Use and Availability" Section of this Agreement for more information regarding use of the Service by minors and applicable limitations on such use. The Service is not intended for individuals under the age of thirteen (13), and individuals under the age of thirteen (13) are prohibited from using all or any part of the Service or entering into this Agreement, even if a parent or legal guardian provides consent to use of the Service or this Agreement. Please contact us at support@joylocks.com if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Service without your consent.
Acceptance of Terms and Conditions
Your access to and use of the Service are subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from accessing, registering with, and/or using the Service or any information or Content provided through the Service, except as necessary to review this Agreement. We reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is
Prescription Products
Certain items offered through the Platform require a valid prescription by a licensed healthcare provider. You won't be able to access a prescription product until you've finished a consultation with one of the Providers, the Provider has determined that the prescription product is suitable for you and the Provider has issued a prescription.
If a Provider finds a prescription product appropriate for you and provides a prescription, you will get information about filling the prescription. Certain prescriptions can be filled through one of the Pharmacies by using the Platform (or you may fill the prescription at any pharmacy of your choice as prompted during your use of the Service or emailing support@joylocks.com. Prescriptions fulfilled by the Pharmacies don't use child-resistant packaging, and prescription products will not be dispensed in child-resistant containers.
Some prescriptions are not available through the Pharmacies or must be filled by a local pharmacy of your choice as prompted during your use of the Service, including prescriptions used for many common primary care conditions.
If you finish a consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription product will be shipped to you by the applicable Pharmacy, and the costs associated with the prescription will be included in the total charged to you by the Service as described in the "Subscription Products" section above. If you fill a prescription with a pharmacy other than the Pharmacies, the Service will send the prescription to your chosen pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product.
Prescription products available through the Platform are "Third-Party Goods and Services" as described in the Third-Party Goods and Services section of this Agreement.
Laboratory Products and Services
Certain laboratory products services offered through the Platform, including at-home testing kits and services, require a valid prescription or order by a licensed healthcare provider. You won't be able to obtain such laboratory services unless you've completed a consultation with one of the Providers, the Provider has determined that the laboratory product and/or service is appropriate for you, and the Provider has prescribed or ordered the laboratory product and/or service.
Currently, laboratory products and services offered through the Platform can only be ordered and fulfilled through the Labs and are not available through local laboratories. If you receive laboratory products and/or services from a Lab through the Platform, the relevant testing materials will be shipped to you by the applicable Lab, and the costs associated with the laboratory products and services will be included in the total charged to you by the Service.
Laboratory products and services available through the Platform are "Third-Party Goods and Services" as described in the Third-Party Goods and Services section of this Agreement.
Limited Use and Availability
Our Service is currently only available to individuals who are located in states in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement. However, individuals between the ages of 13 and 18 who are located in the states where we offer the Service may use the Service to obtain a medical consultation for acne treatment using topical skincare products (if available through the Service) with parental or legal guardian consent as required by this Agreement and the Service. By accessing, registering with, or using the Service, you represent and warrant that (a) you are either at least eighteen (18) years of age or older or at least the age of majority in your jurisdiction of residence, if higher than eighteen, or (b) if you're between the ages of 13 and 18, you've obtained consent from your parent or legal guardian to use the Service for the sole purpose of obtaining a medical consultation for
Registration; User Accounts, Passwords, and Security
To access the Service, you must register and set up an account on the Platform. Only users with usernames and passwords that have been granted accounts are eligible to use the Service. Your registration information, including your name, username, email address, shipping address, and phone number, is not considered Protected Information as stated above. You are responsible for providing accurate and up-to-date information to Joylocks Enterprises LLC, a Medical Group or its Providers, the Labs, or the Pharmacies. Failure to do so may result in the suspension or termination of your account and your use of the Service. If you become aware of any unauthorized use of your username, password, or breach of security relating to the Service, you must immediately notify Joylocks Enterprises LLC by emailing them at support@joylocks.com. You must keep your username and password confidential and log out of your User account after each session. Joylocks Enterprises LLC is not liable for any losses or damages that result from your failure to comply with this section. You cannot use anyone else’s account at any time.
When setting up an account, you must choose a username and password. To protect the privacy of data that you transmit through the Service, we use technology to encrypt your input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. We take steps to protect your User data against unauthorized access. However, please note that the Service and our services may experience maintenance, problems, or breaches of security that are beyond our control. Additionally, individuals with access to your computer or mobile device may access the Service and any personal information, including medical information. You must log out of your account when not in use and keep your username and password secure.
You must use good judgment and caution when using the Service. Any attempt to violate the Service’s security is prohibited and may result in criminal or civil penalties. Joylocks Enterprises LLC may investigate any suspected violations and cooperate with law enforcement agencies if criminal activity is suspected.
Use and Ownership of the Service
The Service and the information and Content available through the Service are protected by worldwide copyright laws. You are granted a limited, non-transferable, and revocable license to access and use the Service for personal use, subject to the terms of this Agreement. All rights in the Service and Content are reserved by Joylocks Enterprises LLC unless otherwise specified in a separate license. Joylocks Enterprises LLC and its suppliers own all rights, title, and interest in the Service, including but not limited to computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation. You cannot remove or alter any copyright, trademark, service mark, or proprietary rights notices in the Service. Joylocks Enterprises LLC’ stylized name and other related graphics, logos, service marks, and trade names used on or in connection with the Service are Joylocks Enterprises LLC' trademarks and may not be used without permission. Other trademarks, service marks, and trade names that may appear on or in the Service are the property of their respective owners.
License to Information Submitted via the Service
Your Submissions, including data, questions, comments, forum communications, or suggestions, transmitted to Joylocks Enterprises LLC through the Service are non-confidential and non-proprietary to the extent allowed by applicable law. You grant Joylocks Enterprises LLC a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable right (including moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Sub
Right to Monitor
Joylocks Enterprises LLC has the authority to observe the general usage of the Service at any moment it deems fit and to eliminate any materials that, in Joylocks Enterprises LLC' exclusive decision, may be unlawful, may create a responsibility for Joylocks Enterprises LLC, may infringe upon this Agreement, or that are, in Joylocks Enterprises LLC' exclusive discretion, contradictory to Joylocks Enterprises LLC' purpose for the Service.
Third-Party Products and Services
Services or products are supplied by parties other than Joylocks Enterprises LLC, such as Labs, Pharmacies, Medical Groups, and Providers, through the Service (collectively, "Third-Parties"). Additionally, Joylocks Enterprises LLC may offer specific services, devices, items or products produced, delivered, or sold by Third-Parties ("Third-Party Products and Services") for purchase. Any use of Third-Party Products and Services or interaction with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such use or interaction, are the sole responsibility of you and such Third-Parties. You must undertake any investigation you believe necessary or appropriate before engaging in any online or offline transaction involving Third-Parties or any Third-Party Products and Services. You are solely responsible for using the Service and disclosing personal information with caution, discretion, common sense, and judgment.
You agree that Joylocks Enterprises LLC is not responsible or liable for any kind of loss or damage incurred as a result of your use of the Service, including any Third-Party Products and Services or interaction with any Third-Parties. If there is any dispute between you and any Third-Party, any other User, or any other entity or individual, you understand and agree that Joylocks Enterprises LLC is not obligated to participate in such disputes, and you hereby release and indemnify Joylocks Enterprises LLC and XeCare LLC, along with their respective corporate parents, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, "Joylocks Enterprises LLC Parties") from any and all claims, demands, and/or damages (actual or consequential) 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 or the Service or the features and services therein. 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."
Certain shareholders, directors, officers, employees, contractors, or agents of Joylocks Enterprises LLC (collectively, "Joylocks Enterprises LLC Owners and Personnel") may have a financial interest in one or more Third-Parties and may benefit from your use of the Third-Parties and/or the sale of Third-Party Products and Services to you.
Sales Terms
All products offered for sale by Joylocks Enterprises LLC are subject to availability, and we retain the right to impose quantity restrictions on any order or reject all or any part of an order without prior notice. In case of an error, we hold the right to amend the error and modify your order accordingly (including charging the correct price)
Termination
Joylocks Enterprises LLC has the right to terminate your use of the Service, any features or services at any time, and for any reason, including but not limited to violating the Agreement, terminating the agreement with the Medical Groups, Labs, or Pharmacies, or discontinuing the Service. However, the provisions of the Agreement relating to Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of disputes, indemnity, and jurisdictional issues shall survive any termination. If your use of the Service is terminated under this Agreement, you agree not to use the Service under any name, real or assumed. If you violate this restriction after termination, you will indemnify and hold all Joylocks Enterprises LLC Parties harmless from any and all liability that may incur.
Except as otherwise provided in the Privacy Policy or as required by applicable law, Joylocks Enterprises LLC has no obligation, before or after termination of your use of the Service, to return or provide Content, any information you provide to us, any information your Providers provided to us about or relating to you, or any other information relating to you.
Disclaimers
Content and other information contained on the Service is provided by Joylocks Enterprises LLC as a convenience. Users relying on Content or other information from the Service do so at their own risk.
THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. Joylocks Enterprises LLC AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, THE LABS, AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY, AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM. Joylocks Enterprises LLC DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. Joylocks Enterprises LLC DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
Limitation of Liability
Joylocks Enterprises LLC shall not be liable to you or any other person or entity for any incidental, indirect, special, exemplary, and consequential damages, personal or bodily injury, emotional distress, wrongful death, loss of data, lost profits, or damages resulting from the use of or inability to use the Service, including any information and content made available through the Service or any services performed or products offered by third parties, whether based on warranty, contract, tort (including negligence), or any other legal theory. Joylocks Enterprises LLC shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED
Arbitration and Class Waiver
WE AGREE THAT ANY DISPUTE BETWEEN YOU AND US OR ANY OF THE Joylocks Enterprises LLC PARTIES ARISING FROM THE Joylocks Enterprises LLC PARTIES, THE PLATFORM, THE CONTENT OR THE SERVICE, OR ANY OTHER GOODS, SERVICES OR ADVERTISING BY Joylocks Enterprises LLC OR ANY OF THE Joylocks Enterprises LLC PARTIES SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), INSTEAD OF IN COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S CONSUMER ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
WE ARE COMMITTED TO WORKING WITH YOU TO RESOLVE DISPUTES PROMPTLY AND MUTUALLY BENEFICIALLY. BEFORE COMMENCING ARBITRATION, WE WILL TRY TO RESOLVE ANY DISPUTE COVERED BY THIS ARBITRATION AGREEMENT IN GOOD FAITH INFORMAL EFFORTS (“INFORMAL DISPUTE RESOLUTION CONFERENCE”) TELEPHONICALLY OR VIA VIDEO CONFERENCE. IF YOU ARE REPRESENTED BY COUNSEL, YOUR COUNSEL MAY PARTICIPATE IN THE CONFERENCE, BUT YOU WILL ALSO PARTICIPATE.
THE PARTY INITIATING A DISPUTE MUST GIVE NOTICE TO THE OTHER PARTY IN WRITING OF ITS INTENT TO INITIATE AN INFORMAL DISPUTE RESOLUTION CONFERENCE (“NOTICE”). NOTICE SHOULD BE SENT TO legal@joylocks.com OR TO OUR OFFICES. THE NOTICE MUST INCLUDE YOUR CONTACT DETAILS, COUNSEL'S CONTACT DETAILS (IF ANY), AND A DESCRIPTION OF YOUR DISPUTE. THE INFORMAL DISPUTE RESOLUTION CONFERENCE SHALL BE INDIVIDUALIZED SUCH THAT A SEPARATE CONFERENCE MUST BE HELD EACH TIME EITHER PARTY INITIATES A DISPUTE.
IF YOU AND WE ARE UNABLE TO RESOLVE A DISPUTE WITHIN 30 DAYS AFTER THE INFORMAL DISPUTE RESOLUTION CONFERENCE, EITHER PARTY MAY COMMENCE ARBITRATION. THE ARBITRATION SHALL BE CONDUCTED IN SAN FRANCISCO, CALIFORNIA. THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING ON ALL PARTIES AND MAY BE ENTERED AS A JUDGEMENT IN ANY COURT OF COMPETENT JURISDICTION. THESE TERMS AND CONDITIONS EVIDENCE A TRANSACTION INVOLVING INTERSTATE COMMERCE; AND NOTWITHSTANDING ANY OTHER PROVISION HEREIN WITH RESPECT TO THE APPLICABLE SUBSTANTIVE LAW, THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ., WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT AND ANY ARBITRATION PROCEEDINGS.
THE COSTS OF ARBITRATION WILL BE GOVERNED BY THE AAA’S FEE SCHEDULE. EACH PARTY AGREES TO PAY ITS OWN ATTORNEY’S FEES AND EXPENSES UNLESS A GOVERNING STATUTORY PROVISION REQUIRES OTHERWISE.
FOR MORE INFORMATION ON AAA, ITS RULES AND PROCEDURES, AND HOW TO FILE AN ARBITRATION CLAIM, YOU MAY CALL AAA AT 800-778-7879 OR VISIT THE AAA
Governing Law; Venue; Severability of Provisions
This Service is controlled and operated by Joylocks Enterprises LLC from our offices within California. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.
The validity, interpretation, construction and performance of this Agreement will be governed by the laws of the State of California, without regard to any conflicts of law provisions.
All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
No Agency Relationship
Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and Joylocks Enterprises LLC, the Medical Groups, the Providers, the Labs or the Pharmacies. You may not enter into any contract on our behalf or bind us in any way.
Assignment
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Joylocks Enterprises LLC may, in its sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of Joylocks Enterprises LLC or to a third party in the event that some or all of the business of Joylocks Enterprises LLC is transferred to such other third party by way of merger, sale of its assets or otherwise.
Third Party Beneficiaries
Any use of third-party software provided in connection with the Service, or any third-party Goods and Services accessed or used in connection with the Service, will be governed by the applicable third-party’s license or terms of use, if any, and if there is no such license or terms of use, by this Agreement. In addition to this Agreement, your use of the Service must comply with all applicable third-party terms of agreement, if any.
Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of Joylocks Enterprises LLC, the Medical Groups, the Pharmacies, the Labs, and the Providers and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as specifically set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.
Contacting Us
If you have any questions or concerns about this Agreement, please contact us by email at support@joylocks.com. We will attempt to respond to your questions or concerns promptly after we receive them.