TERMS OF USE

TERMS OF USE

These Terms of Use (“Terms”) and our Privacy Policy set forth the terms and conditions governing your use of the Hombres Health Telemedicine Service (the “Service”). The Service is offered by Hombres Health (the “Facility”). The Terms and Privacy Policy together form a legal contract between you and the Facility, which governs your access to and use of the Service. Please read the Terms and Privacy Policy carefully before using the Service. BY CLICKING “I ACCEPT,” YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT TO THESE TERMS OF USE AND THE PRIVACY POLICY IN THE SAME MANNER AS YOU WOULD DO WHEN SIGNING A PAPER CONTRACT. If you do not agree to these Terms of Use and the Privacy Policy, do not use the Service.

DO NOT USE THIS SITE FOR EMERGENCY MEDICAL NEEDS. If you are experiencing a medical emergency, call 911 immediately.

YOUR LOCATION

You hereby certify that you are physically located in the State you choose/have chosen as your current location. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of this certification and that the physicians you access rely on this certification in order to interact with you. In the event your certification is inaccurate, you agree to indemnify the Facility and the physicians you interact with for any resulting damages, costs, or claims as set forth in the Indemnification Section below.

WEBSITE CONTENT

Other than information you receive directly from physicians in the context of the Telemedicine service, the content of the Website should not be considered medical advice. We may post or provide links to general information resources that may be of interest to you ("Posted Materials"). Posted Materials should not be used as diagnosis, treatment or medical advice. Other than information you receive directly from physicians in the context of the Telemedicine service, you should always speak with an appropriately qualified health care professional for diagnosis and treatment, including information about which medications or treatments may be appropriate for you. None of the content on this Website represents or warrants that any particular medication or treatment is safe, appropriate or effective for you. Without limitation, the Facility does not recommend or endorse any specific test, physician, medication, product or procedure.

REGISTERING AN ACCOUNT

To access the Service, you must first register to create an individual user account ("Account") by providing certain information. You agree that you will not create more than one Account, or that you will not create an Account for anyone other than yourself. In exchange for your use of the Service and, if applicable, for physicians to provide you with notices, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account registration form; and (ii) each time you log in, you will maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Service. You represent and warrant that you are at least 18 years of age and that you have the right and legal capacity, on behalf of yourself or any minor for whom you are the parent or legal guardian, to enter into these Terms of Use.

ACCEPTABLE USE

You agree not to access or use the Service in any unlawful manner or for any illegal or unlawful purpose or in any manner inconsistent with this Agreement. You will not post, use, store or transmit: a) a message or information under a false name; b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory toward minors, harassing, threatening or hateful to any person; or c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You will not attempt to disrupt the operation of the Service by any method, including the use of viruses, Trojan horses, worms, time bombs, denial-of-service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You will not attempt to gain unauthorized access to any user account or computer system or network, through hacking, password mining or any other means. You will not use any robot, scraper or other means to access the Service for any purpose.

INTELLECTUAL PROPERTY

All content available on or through the Service is the property of the Establishment or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. We grant you permission to display, download, store, and print the content for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, broadcast, sell, publish, broadcast, or circulate the content received through the Service to anyone, including but not limited to others in your organization. All software and accompanying documentation that may be downloaded from the Service is the copyrighted work of the Establishment or its licensors. Any copies made of information obtained through the Service must include all applicable copyright notices.

Subject to the Terms of this Agreement, the Establishment hereby grants you a limited, revocable, non-transferable, non-exclusive license to use the software, network facilities, content and documentation of the Service to the extent, and only to the extent, necessary to access and use the Service.

The license granted herein does not permit you to, and you agree not to: (a) modify, translate, reverse engineer, disassemble, decompile or create derivative works from the Service or allow any third party, directly or indirectly (including, but not limited to, direct or indirect use of wizards, agents, bots or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works from the Service; or (b) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide bureau, time-sharing or other services to any third party.

DISCLAIMERS

ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED ON THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ESTABLISHMENT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE ESTABLISHMENT DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES IT MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY, OR SUITABILITY OF THE SERVICE OR ANY INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK.

YOU WILL BE SOLELY AND TOTALLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANYONE USING YOUR USERNAME OR PASSWORD. THE SERVICE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGE OR LIABILITY ARISING FROM THE FAILURE OF ANY COMMUNICATIONS INFRASTRUCTURE, THE INTERNET, OR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.

LIMITATIONS OF LIABILITY

IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE ESTABLISHMENT, THE ESTABLISHMENT'S LICENSORS, SUPPLIER, OR ANY THIRD PARTY PROMOTING THE SERVICE OR PROVIDING YOU WITH A LINK TO THE SERVICE, BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY THIRD PARTY, OR FOR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF ANY CONTENT.

UNDER NO CIRCUMSTANCES WILL THE ESTABLISHMENT, ITS LICENSORS OR NON-MEDICAL SERVICE PROVIDERS, OR ANY THIRD PARTY PROMOTING THE SERVICE OR PROVIDING YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INTERNATIONAL USE

The Service is designed and intended for users in the United States. The Service makes no representation that the information and services provided on the Service are applicable, appropriate or available for users in locations outside the United States. Access to the Service from territories where the content is illegal is prohibited. If you choose to access the Site from a location outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

CESSATION

The Establishment may suspend or terminate your access to the Service at any time, for any reason or no reason. The Establishment has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or no reason at our sole discretion. The Establishment reserves the right to change, suspend or discontinue all or any part of the Service, temporarily or permanently without notice.

NOTICE OF PRIVACY PRACTICES

Pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), you acknowledge that you have received a copy of the Facility's Notice of Privacy Practices. You hereby consent to the disclosure of your protected health information, including information generated through the use of virtual health or telemedicine services, as described in the Notice of Privacy Practices. This will include all of your protected health information generated during the provision of Services.

INFORMED CONSENT

Possible risks of Telemedicine:

As with any medical procedure, there are potential risks associated with the use of Telemedicine. The Facility believes that the likelihood of these risks materializing is very low. These risks may include, but are not limited to, the following:

Delays in evaluation and medical consultation or treatment may occur due to equipment deficiencies or failures which may include poor video and information quality.

Security protocols may fail, causing a breach of privacy of personal medical information.

Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.

By accepting these Terms of Use, you acknowledge that you understand and agree to the following:

You understand that laws protecting the privacy and confidentiality of medical information also apply to Telemedicine.

You understand that Telemedicine may involve the electronic communication of your personal health information to physicians who may be located in other areas, including out of state.

You understand that you can expect the intended benefits from the use of Telemedicine but that results cannot be guaranteed or assured.

You understand that all information will become part of your medical record and will be available to you by printing a summary of the visit. This information will be subject to the same restrictions regarding its dissemination without your consent.

Except where it has already been used, you understand that you may withdraw your consent at any time by emailing hello@men.health to withdraw your consent and deactivate your account.

You understand that your medical information may be shared with others for purposes of treatment, payment and health care operations.

In addition, you understand that your medical information may be shared in the following circumstances:

When a valid court order is issued requesting your medical records.

When suspected abuse, neglect or domestic violence is reported.

To prevent or reduce a serious threat to someone's health or safety.

Patient Consent for Use of Telemedicine

I HAVE READ AND UNDERSTAND THE INFORMATION PROVIDED ABOVE, AND UNDERSTAND THE RISKS AND BENEFITS OF TELEMEDICINE, AND BY ACCEPTING THESE TERMS OF USE I GIVE MY INFORMED CONSENT TO PARTICIPATE IN A TELEMEDICINE CONSULTATION ON THE TERMS DESCRIBED HEREIN. BY CLICKING THE "ACCEPT" BUTTON YOU ARE CONSENTING TO RECEIVE CARE THROUGH THE SERVICE. THE SCOPE OF CARE WILL BE AT THE SOLE DISCRETION OF THE ATTENDING PHYSICIAN, WITHOUT GUARANTEE OF DIAGNOSIS, TREATMENT OR PRESCRIPTION. THE PHYSICIAN WILL DETERMINE IF THE CONDITION BEING DIAGNOSED AND/OR TREATED IS APPROPRIATE FOR A TELEHEALTH MEETING THROUGH THE SERVICE.

MODIFICATIONS TO THESE TERMS AND THE SITE

You are responsible for reviewing these Terms on a regular basis. The Establishment has the right, but not the obligation, to correct any errors or omissions in any portion of the Site, the Service and these Terms, in whole or in part, at any time without prior notice. All changes to these Terms are effective immediately upon posting on the Site. YOUR CONTINUED USE OF THE SITE OR THE SERVICE FOLLOWING ANY CHANGES IN THESE TERMS WILL MEAN THAT YOU ACCEPT THESE CHANGES.

RESTRICTIONS ON USE OF THE SITE

You may not access or use or attempt to access or use the Service to take any action that may harm us or any third party, interfere with the operation of the Service, or use the Service in a manner that violates any law. Without limiting the foregoing, you agree:

Not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;

Not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service or attempt to probe, scan, test the vulnerability of, or violate the security of any system or network;

Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt or otherwise alter or interfere (or attempt, encourage or support anyone else's attempt to engage in such activities) with any of the computer software comprising or in any way making up a part of the Service. The use or distribution of tools designed to compromise security (for example, password guessing programs, cracking tools or network probing tools) is strictly prohibited;

Not to engage in unauthorized use of bots, spiders, scrapers, or any other unauthorized automated means to gather information;

Not to obtain or attempt to obtain unauthorized access to other computer systems, materials, information or any services available on or through the Service;

Not to take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.

Not to upload or otherwise transmit any communications, software or material that contains viruses or is in any way harmful to other people's computers or systems; or,

Not to engage in any other conduct that restricts or inhibits anyone from using the Service, which in our judgment may expose us or any of our users, affiliates, or any other third party to any liability, harm, or damage of any type.

DISCLOSURE OF INFORMATION

Disclosure Pursuant to Law. The Facility reserves the right at all times to disclose any information that is necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to permit or to remove any information or materials, in whole or in part, at the Facility's sole discretion. Any disclosure of medical information, such as Protected Health Information (PHI), under the Health Insurance Portability and Accountability Act (HIPAA) or state health information privacy laws is subject to the restrictions and requirements of such laws.

Provide accurate personal information. While using the Site, you may be asked to enter certain information, including, but not limited to, personal information, (collectively, “Information”). You represent and warrant that you will provide complete, true and accurate information to the Service, and that you will promptly update such information on the Site as reasonably necessary and as required by the Site.

YOUR ACCOUNT

Account and Password Security. In the event that you choose to create an account and receive or create a password for such account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept full responsibility and liability for all activities that occur under your account and password. The Establishment reserves the right to refuse service, terminate accounts, or remove content in its sole discretion.

Notification of Unauthorized Use/Cessation of Access. You must immediately notify the Establishment of any unauthorized use or threatened unauthorized use of your account on the Site or any other breach or potential breach of security known to you with respect to your account or the Site, including without limitation any loss or compromise of any password, and you will cooperate with the Establishment in all reasonable ways to assist the Establishment in preventing further unauthorized use, threatened unauthorized use, disclosure or threatened disclosure with respect to the Site, your account and/or your password. You agree that immediately upon termination of your right to use the Site or any password-protected portion of the Site, or upon any prior request by the Establishment at any time, you will cease all access to and/or use of the Site or such password-protected portion of the Site, and will not attempt to access and/or use the same.

COMPENSATION

You will indemnify, defend (or settle) and hold the Facility Entities harmless from any and all claims, actions, proceedings, losses, settlements, judgments, liabilities, demands, damages, disputes or suits, including but not limited to any proceeding, investigation or claim by a self-regulatory organization, state or federal law enforcement agency or commission, and including reasonable attorneys’ fees and all other costs, fees and expenses (collectively, “Claims”) against any of the Facility Entities to the fullest extent permitted by law arising out of or relating to (1) your conduct, provision of content to or use of the Site, or such actions of any third party through you, (2) your violation of any rights of another person or party, (3) any Materials provided or made available by you, and (4) any breach or violation by you of your obligations under these Terms, including without limitation any breach of your representations and warranties herein.

You will not settle any claim for indemnification without the prior written consent of the Facility, which consent shall not be unreasonably withheld. With respect to any claim that may give rise to your indemnification obligations as set forth above, the Facility Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or agreement so made. The remedies provided in this section are not exclusive and do not limit any other remedies available to the Facility Entities pursuant to this section.

Ownership of Site. The Site and its entire contents, organization, graphics, design, compilation, translation and other matters related to the Site (collectively, “Content”) are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights arising under international conventions and United States and other laws. The Site and all Content is the property of the Facility and/or its third party licensors and all right, title and interest in and to the Site and the Content shall remain with the Facility or such third party licensors. Other product and Facility names mentioned herein may be trademarks of their respective owners. You acquire no ownership rights in the Site or any Content other than the rights in the Materials that you may have. You shall abide by any and all additional copyright notices, information or restrictions contained in any Content. You will not modify, adapt, translate, reverse engineer, decompile or disassemble the Site or any content on the Site. You may only use the Site and Content as expressly permitted herein, and any other use is prohibited. Any copying, republication or redistribution of the Site or Site Content, including by caching, framing or similar means, is expressly prohibited without the prior consent of the Establishment and/or the respective owner of the identified intellectual property rights in the subject matter, which consents to such rights being granted or withheld in the sole discretion of the owner.

LEGAL NOTICES

DISPUTE RESOLUTION (ARBITRATION CLAUSE)

Binding Arbitration. You and the Establishment agree to submit to binding arbitration in the event of any dispute, controversy, or claim (each, a "Dispute") arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof (including the determination of the scope or applicability of these Terms for arbitration), the rights and obligations of you or the Establishment under these Terms, the Site, your use of the Site, and/or the information, services, and/or products that may be provided by or through the Site or in connection with it. The arbitration will be conducted in the state of [ESTATION STATE] before one arbitrator on an individual basis and not as a class action (Class Action). You expressly waive any right you may have to arbitrate a Dispute as a class action (Class Action). You also expressly waive your right to a jury trial. The arbitration will be administered by JAMS (http://www.jamsadr.com). You may obtain a copy of JAMS's rules by contacting JAMS. You and the Venue will agree upon an arbitrator to conduct the arbitration. In the event the parties cannot agree upon an arbitrator, the arbitrator will be selected in accordance with JAMS's rules. Each party shall be responsible for its own attorney, expert, and other fees, unless the arbitrator awards such fees to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate the Venue's intellectual property rights, the Venue may seek (and you will not challenge) injunctive or other appropriate relief in any state or federal court having jurisdiction over [Venue's STATE AND CITY], and you consent to the exclusive jurisdiction and venue of such courts.

Final Arbitration. The arbitration award is final and binding on all parties. The Federal Arbitration Act, and not any state law relating to arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this clause, other than the waiver of class action rights, is held or found to be unenforceable for any reason, the remainder shall continue to apply. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is found to be unenforceable as to any person or persons, such unenforceability shall apply only to such person or persons, and all other persons shall continue to be governed by the Arbitration Clause.

Waiver of Class Action Rights. These Terms provide that all disputes will be resolved by binding arbitration and not in court or a jury trial. IF A DISPUTE IS ARBITRATED, YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST THE SETTLEMENT ENTITIES, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES THE WAIVER OF YOUR RIGHTS TO FILE OR PARTICIPATE IN A CLASS ACTION AS PROVIDED FOR IN ANY STATE STATUTE.

Choice of Law; Jurisdiction and Venue; Waiver of Jury Trial. To the maximum extent permitted by law, these Terms are governed by the laws of the United States of America and the State of [ESTATION STATE], excluding any conflict of laws principles or rules that would apply the law of another jurisdiction. To the extent a Dispute is not governed by the Arbitration Clause, you hereby consent to the exclusive jurisdiction and venue of the courts of [ESTATION STATE AND CITY] in all disputes arising out of or relating to use of the Site or under these Terms; provided, however, that in the event Establishment is sued or joined by a third party in any other court or other forum with respect to any matter which may give rise to a claim by Establishment hereunder, you hereby consent to the jurisdiction of such court or forum over any claim that Establishment may assert therein.

You irrevocably consent to the exercise of personal jurisdiction of such courts in any such action. Furthermore, and notwithstanding the foregoing, you irrevocably waive, to the fullest extent permitted by law, any objection you may now or hereafter have to the laying of venue of any suit, action or proceeding brought in any such court and any claim that any suit, action or proceeding brought in any such court has been brought in an inconvenient forum. The final judgment in any suit, action or proceeding brought in any such court shall be conclusive and binding upon you and may be enforced in any court in which you are subject to jurisdiction by a suit based on such judgment.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. To the extent a claim is not governed by the Arbitration Clause, the Facility and each of you hereby waive the right to a trial by jury in any court and in any suit, action or proceeding, whether in tort, contract or otherwise, to which any of those parties is a party, as to any claim arising out of or relating to these Terms, your or the Facility's rights and obligations under these Terms, the Site, your use of the Site, and/or any services and/or products that may be provided by or through the Site or in connection therewith.

OTHER TOPICS

Viewing, Accessing and Using Outside the United States. If or when any of the products or services referenced on the Site are available, they will be available in the United States and may not be available elsewhere. The Establishment makes no representation that the Site or any products or services referenced on the Site may be legally viewed, accessed or used outside the United States. Access to or use of the Site or any products or services referenced on the Site may not be legal for certain persons or in certain countries. If you access or use the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Headings. Section headings and other designations in these Terms are used solely as a convenience to the parties, have no legal or contractual significance, and are not and will not be used to interpret, construe or enforce any of the provisions of these Terms.

Survival. The provisions of the following sections shall specifically survive any termination or expiration of these Terms of Use: Sections: Disclosure Pursuant to Law, Materials, User Representations and Warranties, Disclaimers of Liability, Indemnification, Informed Consent, Patient Consent to Use of Telemedicine, Confidentiality, Copyright and Other Intellectual Property, Dispute Resolution (Arbitration Clause), Choice of Law; Jurisdiction and Venue; Waiver of Jury Trial and Other Issues.

No Waiver. The failure of the Establishment to enforce any provision of these Terms will not be construed as a waiver or limitation of the Service's right to subsequently enforce and compel strict performance of that provision or any other provision of these Terms.

Assignment. You may not make any assignment, delegation or other transfer of these Terms (by operation of law or otherwise) without the prior written consent of the Establishment, which consent shall be given in its sole discretion. The Establishment may assign its rights and obligations hereunder to any other party.

Statute of Limitations. Any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises; thereafter, any such claim will be forever barred, regardless of any contrary law.

Binding Agreement. In the event that any provision of these Terms is held to be unenforceable, that provision will be construed to reflect the parties' original intent consistent with applicable law, and the remainder of these Terms will continue in full force and effect.

Entire Agreement; Language of Agreement. These Terms and Privacy Policy contain the entire agreement between you and the Establishment with respect to the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Establishment with respect to the Site. All rights not expressly granted herein are reserved. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that the original of these Terms and all related documents be drawn up in English.

Terms and Conditions

These Terms and Conditions define the obligations of Direct2MD, LLC (Direct2MD), its Business Associates New Pharmacy Ventures, LLC (New Pharmacy Ventures) and their authorized agents and the Subscriber of the Service. These definitions are intended to set forth the basic rules for safe and fair use of the Direct2MD Services. Direct2MD, its Business Associates and their authorized agents reserve the right to terminate the service immediately and without notice and deny access to individuals who fail to comply with these Terms and Conditions.

By using Direct2MD's telemedicine service, I am indicating my acceptance of Direct2MD's Terms and Conditions. If I do not accept the Direct2MD Terms and Conditions of service, I should not use this Service. If Direct2MD, its Business Associates or authorized agents require changes to these Terms and Conditions, they will be posted promptly. By continuing to use the Services following the posting of changes to these Terms, I am indicating my acceptance of these changes. Changes to these Terms and Conditions will be effective immediately upon posting on the Service Website and will supersede all prior versions of the Terms and Conditions unless otherwise indicated.

Privacy and Security

Direct2MD considers patient health privacy to be a critically important element of the Subscriber relationship with Direct2MD Services. It is Direct2MD's responsibility to maintain the confidentiality of health information. In accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), I acknowledge that I have received a copy of the Facility's Notice of Privacy Practices. I hereby consent to the disclosure of my protected health information, including information generated through the use of virtual health or telemedicine services, as described in the Notice of Privacy Practices. This includes all of my protected health information generated during the use of the Services.

I understand that it is extremely important that I keep my access credentials to the Service completely confidential. If at any time I feel that the confidentiality of my password has been compromised, I will change it by contacting [hello@hombres.health or Customercare@direct2md.com .]. I understand that Direct2MD or its authorized vendors and agents assume no responsibility for, and disclaim any and all liability or damages arising from, a breach of the confidentiality of health records as a result of sharing or losing my password. If Direct2MD or its authorized vendors and agents discover that I have improperly shared my password with another person, or that I have misused or abused my online access privileges in any way, my access to the Service will be terminated without notice.

Using Direct2MD Health Care Services

My registration with Direct2MD and its Business Partners (New Pharmacy Ventures) authorizes my use of the Services as provided in this Agreement. It is my responsibility to be truthful and accurate with all information I provide verbally, via text message, or enter or upload to the Service Website, including but not limited to, my physical condition, primary medical condition, and documented location of my permanent residence when accessing the Service. I acknowledge that my ability to access and use the Direct2MD Services is conditioned upon the truthfulness of this certification and that the Service providers rely upon the certification of this information in order to interact with me. In the event my certification is inaccurate, I agree to indemnify Direct2MD and the providers with whom I interact for any resulting damages, costs, or claims.

The law requires that every medical diagnosis or treatment be documented. Documentation of visits with Direct2MD is maintained in an electronic health record (EHR). As long as my account with Direct2MD and its Business Associates (New Pharmacy Ventures) is active and in good standing, I will have unlimited access to my medical information stored in my EHR.

Direct2MD Telemedicine Consultations Direct2MD telemedicine services are performed by physicians dedicated to the practice of safe, effective, evidence-based telemedicine. By accepting the Service, I agree to enter into a physician-patient relationship with Direct2MD providers. I agree to have my medical history and other diagnoses and medical documentation reviewed by one of Direct2MD physicians. I acknowledge that Direct2MD physicians may choose not to treat my condition or prescribe any medications for my condition. Direct2MD physicians do not prescribe DEA controlled substances, non-therapeutic medications, and certain other medications that may be harmful due to their potential for abuse. Direct2MD physicians reserve the right to deny care due to potential misuse of services. I understand that healthcare services provided by Direct2MD physicians are subject to their discretion and professional judgment. I understand that Direct2MD operates subject to state regulations and visits will be conducted based on the guidance of these regulations, which may vary from state to state.

My consultation report will be made available for my review to ensure that the relevant signs and symptoms of my condition and the treatment decision and instructions issued by the Direct2MD healthcare provider are correct. I am advised to immediately contact Direct2MD if I do not agree with or understand the content of the consultation report or the instructions issued by the Direct2MD healthcare provider.

I understand that Direct2MD should never be used in emergency matters. Therefore, for all emergency matters that I believe may immediately affect my health or well-being, I will promptly go to a local hospital emergency room, and/or dial 911.

Patient Consent for Use of Telemedicine

I HAVE READ AND UNDERSTAND THE INFORMATION PROVIDED ABOVE, AND UNDERSTAND THE RISKS AND BENEFITS OF TELEMEDICINE, AND BY ACCEPTING THESE TERMS OF USE, I HEREBY GIVE MY INFORMED CONSENT TO PARTICIPATE IN A TELEMEDICINE CONSULTATION UNDER THE TERMS DESCRIBED HEREIN. BY CLICKING THE “AGREE” OR “ACCEPT” BUTTON, I AM CONSENTING TO RECEIVE CARE THROUGH THE SERVICE. THE SCOPE OF CARE WILL BE AT THE SOLE DISCRETION OF THE ATTENDING PHYSICIAN, WITH NO GUARANTEE OF DIAGNOSIS, TREATMENT OR PRESCRIPTION. THE HEALTH CARE PHYSICIAN WILL DETERMINE WHETHER THE CONDITION BEING DIAGNOSED AND/OR TREATED IS APPROPRIATE FOR A TELEHEALTH CONSULTATION THROUGH THE SERVICE.

I understand that Direct2MD, its Business Associates and authorized agents assume no responsibility and disclaim any liability arising from any inaccuracies or defects in the software, communication lines, virtual private network, the Internet or my Internet Service Provider (ISP), access system, computer hardware or software, or any other service or device I use to access my account.

I understand that Direct2MD physicians and staff may send me messages. These messages may contain information that is important to my health and medical care. It is my responsibility to review these messages. By entering my valid and working email address and mobile phone number, I allow Direct2MD to send messages to my Direct2MD mailbox. As necessary, I will update my email address on the Direct2MD platform. I agree not to hold Direct2MD or its authorized vendors or agents liable for any loss, injury or claim of any kind resulting from Direct2MD messages that I fail to read in a timely manner. I understand that the content of any message may be stored in my permanent health record. I agree that all communications will be regarding my own health conditions. I understand that seeking advice on behalf of another person could be potentially harmful and is a violation of the Direct2MD Terms and Conditions. Direct2MD and its physicians assume no responsibility for health information or services used by persons other than the primary account holder.