TERMS OF SERVICE

Required Disclosures

Read more about required disclosures and information relating to your use of this Website.

Agreement and Terms

These Terms of Service ("Agreement") form a legal agreement between Med Dept Inc. and its affiliates (collectively “Med Dept”, “We”, “Us”, or “our”) and you, the individual ("you" and "your") concerning your access to, and use of the various services offered through the website (as defined herein). Med Dept owns and operates the website located at www.themeddept.com and other related websites and mobile applications (collectively, the “Website”). We offer online telehealth services enabling our patients (“Patients”) to report their health history and engage healthcare professionals (“Healthcare Professionals”) to obtain healthcare services (“Services”), as well as provide behavioral health mentoring from mentors and/or coaches (collectively “Mentors”) who do not provide professional or clinical services.

By accessing and using the Website, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Website. If you do not wish to be bound by any of these Terms of Use, you may not use the Website or the Services.

These Terms are in addition to the terms of other supplemental agreements Med Dept will ask you to read and agree to prior to providing you access and use of the Services. You understand that you may not access or use the Services until you agree to the terms of such supplemental agreement(s).

If you think you have a medical emergency, call your doctor or 911 immediately.

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 10 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.

By accessing or using any website with an authorized link to this Agreement or accessing or using any content, information, services, features or resources available or enabled via such website, clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Website; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other person or legal entity on whose behalf you use the Website. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Website.

Right to Modify

Med Dept reserves the right to modify this Agreement or its policies relating to the Website at any time, effective upon posting of an updated version of this Agreement on the applicable website. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes. You should regularly review this Agreement, as your continued use of the Website after any such changes constitutes your agreement to such changes.

Site Content

The information contained on the Website (“Content”) is given for general information and general interest purposes only. The Content cannot, and is not intended to, replace the relationship that you have with your health care professionals. You should always talk to your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the site Content should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

Healthcare Services

The healthcare professionals who deliver Services through Med Dept are independent professionals practicing within a group of independently owned professional practice. Med Dept Inc. does not practice medicine, psychotherapy or any other licensed profession, and does not interfere with the practice of healthcare professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Med Dept Inc., nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a licensed healthcare professional through the Services.

Notice Concerning Services of Med Dept Mentors

Med Dept mentors are not licensed health care professionals and are not authorized to provide services requiring professional licensure, including psychotherapy. Your interactions with your Med Dept mentors are not intended to be a substitute for professional health care advice, diagnosis, or treatment. Always seek the advice of your physician or therapist with any questions you may have regarding your physical or mental health. Never disregard professional health care advice or delay in seeking it based on any interaction with your Med Dept mentor.

Access to User Accounts

You may be required to provide personal and/or demographic information as part of a registration or log-in process to access the Services. You agree to provide true, accurate, current and complete information about yourself during registration or log-in process. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. In no event and under no circumstances shall Med Dept be held liable to you for any liabilities or damages resulting from or arising out of your use of the Website, your use of the account information or your release of the account information to a third party.

Fees and Payment.

You agree to pay all fees associated with your use of the Services in accordance with billing terms in effect at the time a fee is due and payable. If your health plan, employer or other agency has arranged with Med Dept to pay the fee or any portion of the fee, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed. If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all expenses incurred. Med Dept reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use.

Text Messages and Electronic Communications

Opt In

As part of providing, you with the services, we may need to provide you with certain communications such as appointment reminders, service announcements, privacy notices, administrative messages and other communications about the services (“Communications”). Please review our Privacy Policy and required disclosures for further information on our promotional communications and privacy practices with respect to personal information that you submit through the Services.

You agree that Med Dept may send to you Communications through electronic means including but not limited to: (1) email, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration (“SMS Messages”), (3) push notifications on your tablet or mobile device, or (4) by posting Communications on the Med Dept Website. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication. You can withdraw your consent to receive Communications by deactivating your account or contact Med Dept at customerservice@themeddept.com. You acknowledge and consent to receive unsecure emails containing information about the Med Dept program which may also include your confidential personal information and/or protected health information. Med Dept cannot ensure the security or confidentiality of messages sent by email. This means there is a risk of interception of the information by third parties.

The number of SMS Messages we send as part of our Communications will depend on the frequency of your use of the Services. You can cancel the SMS service at any time. Just text “STOP” to the text you received from Us. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at customerservice@themeddept.com.

Participating Carriers

AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

T-Mobile is not liable for delayed or undelivered messages.

Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Ownership of and License to Use Med Dept Properties

Use of the Website. Med Dept and its licensors own all rights, title and interest in the Website. The Website is protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, Med Dept grants you a limited license to use the Website solely for your personal non-commercial purposes. Any future release, update or other addition to the Website shall be subject to this Agreement. Med Dept and its licensors reserve all rights not granted in this Agreement.

Trademarks. Med Dept’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Website are the trademarks of Med Dept and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Website are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website.

Restrictions on Use of Website. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website or any portion of the Website; (b) you shall not frame or use framing techniques to enclose any trademark, logo or Website (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using Med Dept’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Website to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Website; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Website or use the Website in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm the Website, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Website, or interfering or attempting to interfere with use of the Website by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Website. Any unauthorized use of the Website terminates the licenses granted by Med Dept pursuant to this Agreement.

Use of Website by Children

With respect to any Med Dept Wellness service offerings, no one under 13 (or, if greater than 13, the minimum age at which a person may use the services in your country) (“Minimum Age”) is allowed to create an account or use Med Dept Wellness services. If you are under the Minimum Age, you may only use the Wellness services with the prior consent of your parent or legal guardian.

If you register as the parent or legal guardian on behalf of a minor with respect to any of Med Dept services, clinical and/or wellness, you will be fully responsible for complying with these Terms of Use.

Med Dept does not seek through the Website to gather personal information from or about persons under the age of 13 without the consent of a parent or guardian.

Third-Party Links. The Website may contain links to third-party services such as third party websites, applications, or ads (“Third-Party Links”). When you click on such a link, we will not warn you that you have left the Website. Med Dept does not control and is not responsible for Third-Party Links. Med Dept provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.

Indemnification. You agree to indemnify and hold Med Dept, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, the “Med Dept Parties”) harmless from any damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any claims concerning: (a) your misuse of the Website; (b) your violation of this Agreement; (c) your violation of any rights of another party; or (d) your violation of any applicable laws, rules or regulations. Med Dept reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Med Dept in asserting any available defenses. You agree that the provisions in this section will survive any termination of this Agreement or your access to the Website.

Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE Med Dept PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE. Med Dept PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR (2) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Limitation of Liability

Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE Med Dept PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE SERVICES, WHETHER OR NOT Med Dept HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE Med Dept PARTIES BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED DOLLARS ($100) IN THE TOTAL AGGREGATE AMOUNT.

Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MED DEPT AND YOU.

Suspension or Termination. At its sole discretion, Med Dept may modify or discontinue the Website, or may modify, suspend or terminate your access to the Website, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Website, Med Dept reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress.

International Users. The Website is controlled and offered by Med Dept from its facilities in the United States of America. Med Dept makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other countries do so at their own volition and are responsible for compliance with local law.

Dispute Resolution_._

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Med Dept and limits the manner in which you can seek relief from us.

Applicability of Arbitration Agreement. You agree that any dispute between you and us relating in any way to the Website or this Agreement, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Med Dept may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.

Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Med Dept Inc., 351 S Cypress Road Suite 317, Pompano Beach, FL 33060. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and you cannot obtain a waiver from JAMS, Med Dept will pay them for you.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the U.S. county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Med Dept. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial. YOU AND MED DEPT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AND INTELLECTUAL PROPERTY CLAIMS AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Med Dept are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER OR PERSON.

General Provisions

Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Med Dept’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Med Dept agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state courts in Broward County, Florida or federal courts.

Governing Law. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF FLORIDA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.

Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

Notice. You may give notice to Med Dept at the following address: Med Dept Inc., 351 S Cypress Road Ste 317, Pompano, FL 33060. Such notice shall be deemed given when received by Med Dept by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

Copyright Infringement – DMCA Notice

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 US copyright law. If you believe in good faith that content or material on this Website infringes a copyright owned by you, you (or your agent) may send the Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to: e-mail customerservice@themeddept.com or 351 S Cypress Road, Suite 317, Pompano Beach, FL 33060.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Website should be sent to the address above.

Contact Information. If you would like to contact us with respect to the Website, please e-mail customerservice@themeddept.com

Last Updated and Effective: January 24, 2022