Please read these (Terms and Conditions, Private Policy and Consent To Telehealth) carefully before using the ElanMD.com website or subscribing to this email list.
TERMS AND CONDITIONS
ElanMD
Terms and Conditions
This Terms and Conditions (“Agreement”) is a binding agreement between you (“user” or “you”) and ElanMD(“ElanMD”, “we”, “us”, or “our”). This Agreement governs your use of the ElanMD mobile application, including all related documentation that we may make available from time to time, and any beta releases that we may make available, and the website and or website application, collectively the “Application”. The Application is licensed, not sold, to you. If you think you may have a medical emergency, call 911 immediately.
ElanMD is a technology platform, owned by or licensed to ElanMD, designed to empower its users (including “you”) to improve management of their health and wellness through telehealth services (the “Services”) that can be conducted at home, in a pharmacy or in a variety of settings, for a variety of medical issues. ElanMD does not provide medical services. All medical services provided through the Application are provided by independent medical providers and use the Application as a way to communicate with you. The Application puts you in touch with a medical provider. The mobile application, associated web sites and web applications, and the content therein is not for medical emergencies or urgent situations and does not make a diagnosis and does not constitute professional medical advice, treatment, or recommendations of any kind but helps you to provide information to a physician or other qualified healthcare provider for certain services. The medical provider is responsible for providing all clinical care to you, which may or may not include a prescription. Any information or advice received from a qualified health provider comes from them alone, and not from ElanMD . Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither ElanMD, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any professional advice obtained from a health care provider via the Service or for any other information obtained with the Application. ElanMD does not endorse any specific tests, physicians, medications, products or procedures that are recommended by providers that may use ElanMD to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by the providers via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith. ElanMD does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service. Even though you may have arrived to the Application through a website or mobile applications operated or controlled by a third party, including by an affiliate of ElanMD, you understand and agree that this Agreement is entered into between you and ElanMD. You also understand and agree that the Application is provided solely by ElanMD, and no other parent, subsidiary or affiliate of ElanMD. You agree that when you use or enter the Application, you affirmatively consent to conduct business electronically with ElanMD and engage in health-oriented activities with health professionals and professional organizations affiliated with ElanMD and “Pharmacy”, and such processes have the same force and effect as your written signature. READ THIS AGREEMENT CAREFULLY AS THIS AGREEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION AND CLASS ACTION WAIVER DESCRIBED IN PARAGRAPH Q TO RESOLVE ANY DISPUTES WITH ELANMD. BY CLICKING THE ‘CREATE AN ACCOUNT’ BUTTON, BY INSTALLING THE ELANMD SOFTWARE, AND/OR BY USING THE SOFTWARE YOU AGREE AND ACKNOWLEDGE THAT YOU (A) HAVE READ THIS AGREEMENT AND UNDERSTAND ITS TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT; AND C) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE BINDING ARBITRATION CLAUSE CONTAINED IN PARAGRAPH Q BELOW, AND YOU AGREE TO BE BOUND BY THIS BINDING AGREEMENT BETWEEN YOU AND ELANMD (THE “AGREEMENT”). IF YOU DO NOT AGREE WITH ANY TERMS OR CONDITIONS OF THIS AGREEMENT, YOU SHOULD REJECT THEM BY NOT CLICKING THE SUBMIT BUTTON AND/OR BY NOT INSTALLING OR USING THIS SOFTWARE. Furthermore, you agree and acknowledge that your use of and access to ElanMD’ s software is subject to any and all terms and conditions in our privacy policy, which may be updated from time to time in the sole discretion of ElanMD. Our privacy policy may be viewed here: Privacy Policy License Grant. Subject to the terms of this Agreement, ElanMD grants you a limited, non-exclusive, non-sublicensable and nontransferable license to download, install, and use the Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you. An individual may only have one account per person but may access their account through a shared mobile device. To create an account for an individual other than yourself, you must be that persons Legal Representative. “Legal Representative” shall mean a person’s legal or medical power of attorney. If you are creating an account for another person as their Legal Representative, you consent to the terms of this Agreement. Requirements for Use. You must have compatible mobile devices, access to the Internet, and certain necessary software in order to use the Application. Fees and charges may apply to your use of the mobile services and to the Internet. License Restrictions. You shall not: (i) use the Application for anyone other than yourself unless you are their Legal Representative; (ii) copy the Application, except as expressly permitted by this license; (iii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application; (iv) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (v) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (vi) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; (vii) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or (viii) access or use the Application in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state or federal law or regulation or is prohibited by this Agreement, (ix) “Jailbreak” your mobile operating system (The Application is intended for use only on a mobile phone that runs an unmodified manufacturer-approved operating system, so using the Application on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information from unauthorized or unintended disclosure. You may compromise your protected health information if you use the Application on a mobile phone that has been modified. Use of the Application on a mobile phone with a modified operating system is a material breach of this Agreement.); (x) use or access the Application to create or develop competing products or services or for any other purpose that is to ElanMD’ s detriment or commercial disadvantage; (xi) take any action or use the Application in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Application or any content, in whole or in part; (xii) input, upload, transmit, distribute, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Application, or any other system, device, or property; or (xiii) use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments. Children Under the Age of 18. Except as authorized by the Legal Representative, our Application is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Application. Except as authorized by the Legal Representative, we do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Application, make any purchases through the Application, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without consent from their Legal Representative, we will delete that information. If you believe we might have collected any information from a child under 18, please contact us at [email protected]. Intellectual Property. As between ElanMD and you, ElanMD is the sole and exclusive owner of all right, title and interest in and to the Application and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Application shall be owned solely and exclusively by ElanMD or its licensors, including all intellectual property rights therein. You have permission to use the Application solely for your personal and non-commercial use on the condition that you comply with this Agreement. Certain names, logos, and other materials displayed in and through the Application may constitute trademarks, trade names, services marks or logos (“Trademarks”) of ElanMD or its affiliates. You are not authorized to use any such Trademarks without the express written permission of ElanMD or its affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with us or our affiliates. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. ElanMD and its licensors and service providers, as applicable, reserves and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. ElanMD may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that ElanMD has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either: (i)the Application will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement. Geographic Restrictions. The content and services are offered in certain states in the United States of America. Services are provided for access and use only by persons located in those states. We make no representation that content or materials or the services associated with the Application are appropriate or available for use in your specific jurisdiction. You acknowledge that you may not be able to access all or some of the content and Services outside of the active states and that access thereto may not be legal by certain persons or other states or countries. If you access or use the Application and the content and services associated therewith from outside of our active states, you are responsible for compliance with local laws. For the avoidance of doubt, accessing the Service from a state not listed on ElanMD’ s list of active states is prohibited (send request to [email protected], and you confirm that you are physically located in an active state when you request to use the telehealth features of the Service to communicate with ElanMD. Pharmacy Services. If you receive a prescription as a result of the Services, you will receive your prescription from an ElanMD network pharmacy. You may change your pharmacy choice at anytime by contacting ElanMD at 1-888-992-1717 or [email protected] to request to change your pharmacy. You give us consent to send and disclose to the ElanMD network pharmacy all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services. Packaging and Fulfillment Restrictions. If you select to use the ElanMD Network Pharmacy to fulfil any prescriptions provided by health care providers through the Services, you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children. Consent to Use of Data. You acknowledge that when you download, install, or use the Application, ElanMD may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. If you have opted to receive marketing communications from us related to, but not limited to discounts, offers, and news, we may send those via email or text message (message and data rates may apply). You may change your communication preferences by following the instructions or link contained in the applicable communication. Limitations Related to Protected Health Information. ElanMD DOES NOT COLLECT, MAINTAIN, RETAIN OR STORE ANY PERSONAL HEALTH INFORMATION (“PHI”). ALL PERSONAL HEALTH INFORMATION (“PHI”) IS COLLECTED AND MAINTAIN BY THE HEALTHCARE PROVIDER AND/OR TECHNOLOGY PLATFORM. Federal law requires certain safeguards to protect the privacy of private health information and information that could be used to identify you (e.g. medical information, date of birth, name, address, etc.). This information is called Protected Health Information (“PHI”). ElanMD if necessary uses encryption technology to ensure the privacy of the PHI and other identifying information (collectively, the “Data”) you enter on or through the Application as part of the Services provided herein. By agreeing to the terms of this Agreement, you are authorizing ElanMD to utilize your PHI, and any other data that you submit in connection with your use of the Application, to collect, use, and disclose your Data in order to provide you with access to and use of the Application, to enhance the treatment provided to you by your healthcare provider and for other appropriate purposes. In addition, ElanMD may use your PHI for evaluation of the Services and for quality improvement purposes. ElanMD’ s use and disclosure of any PHI will be conducted in accordance with our Privacy Policyand applicable federal and state regulations. ElanMD may use your Data provided to us through the Application in an aggregated and de-identified form for any research, studies, or for any other lawful purpose. You agree that you consent to such a use of your Data, without any compensation from ElanMD owed to you, and that ElanMD is not required to provide you with any notice when such Data is used. You are responsible for maintaining the confidentiality of your log-in and password credentials and ensuring that you are accessing this Application through secure systems when transmitting information. You acknowledge that you are responsible for all activity that occurs under your username and password log-in credentials. ElanMD is not responsible or liable to you in any way if your information is intercepted by an unauthorized person, whether through public places, at home, business or other locations of access. ElanMD is not responsible or liable for any loss or damage caused, or expense incurred, by you as a result of your failure to safeguard your log-in and password credentials. You should immediately notify ElanMD if your account username and password has been stolen or otherwise compromised. Accordingly, should you decide to use Application to store or communicate any PHI, you, and not ElanMD, assume full responsibility for the security of that information. Term and Termination.(i) The term of this Agreement commences when you click ‘Continue’ on your ‘Symptom Checker’ intake form and will continue in effect until terminated by you or ElanMD as set forth in this paragraph l.(ii) You may terminate this Agreement by sending an email to [email protected]. requesting deactivation of your account. However, all data previously collected will be retained by ElanMD. (iii) ElanMD may terminate this Agreement at any time without notice, including, without limitation, if it ceases to support the Application, which ElanMD may do in its sole and absolute discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. (ix) Upon termination: (1) all rights granted to you under this Agreement will also terminate; and (2) you must cease all use of the Application and delete all copies of the Application from your mobile device and account. (x)Termination will not limit any of ElanMD’ s rights or remedies at law or in equity. Links to Third-Party Hyperlinks and Websites. The Application 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. Only this Agreement will apply to your use of or access to the Application. Content and Services. The Application may provide you with access to Company’s website located at com(the “Website”), which will also include ElanMD.comand products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by this Agreement and the Privacy Policy, which are incorporated herein by this reference and Informed Consent. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement. Payment and Billing. When you submit your request for Services, you agree to pay all fees due. By entering your payment information and submitting your request, you authorize ElanMD or its third-party payment processors to charge the amount due. All prices are in U.S. dollars. You understand and agree that you are solely responsible for all charges and applicable fees (including taxes and any fees assessed by your bank) associated with your order, and that any payment to any third-party processor shall include payments to ElanMD and affiliated health care providers. By providing a payment method that we accept, you represent and warrant that you are authorized to use such payment method and that you authorize us or our third-party payment processor to charge such payment method for the total amount of your order and services. We or our third-party payment processor may seek pre-authorization of your payment method prior to your purchase to verify that the payment method is valid and has the necessary funds or credit available to cover the fees for the order. In the event that we or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. In the event that we or our third-party payment processors are unable to charge the full cost of your purchase to the payment method you provide, we may cancel your order. We or our third-party payment processor will collect your payment information and related personal information for its use in processing your payment for the services that you order. We reserve the right to change prices in our sole discretion at any time; however, the Application will reflect then-current prices. Purchasing Products. You can purchase, by and through the Site: (a) ElanMD™ Products by completing the applicable Form and providing the requisite Registration Data; and (b) Prescription Medication by completing the applicable Form, providing the requisite Registration Data, completing the Telemedicine Services process and receiving approval from a Healthcare Provider. One-Time Purchase: Where you purchase Products in a one-time transaction, the credit card or debit card account (collectively, “Payment Method”) that you provide on the Form (or update at a later date) will be charged the amount listed on the Site for the subject Product(s), plus shipping and handling and any applicable sales tax. Automatic Renewal Program: Where you purchase Products in connection with an automatically renewing subscription model (“Automatic Renewal Program”), your Payment Method will be charged the applicable amount for the subject Products on a recurring basis for as long as that Automatic Renewal Program subscription remains active (the “Recurring Fees”). Such Recurring Fees will be charged in advance and you acknowledge and agree that ElanMD™ will not obtain any additional authorization from you for the applicable Automatic Renewal Program’s Recurring Fees. Every time that you accept delivery of the subject Products, you re-affirm that ElanMD™ is authorized to charge your Payment Method and to have the Recurring Fees applied to same. If you wish to cancel an Automatic Renewal Program, you may do so at any time by: (i) signing into your member portal here; (ii) calling us at: 1(844)720-7251 or (iii) e-mailing us at: [email protected]. Please be advised, all automatic renewal program subscription orders must be cancelled within (12) hours of the renewal subscription date to avoid the order being shipped and you incurring charges for same. General Billing Terms: You must promptly notify us if your Payment Method is cancelled or is no longer valid (e.g., due to loss or theft) or your Product shipment may be delayed or cancelled. Changes to such information can be made by contacting a customer care professional at: 1(844)720-7251 or [email protected]. If you participate in an automatic shipment Recurring Fee program using a credit card and your credit card fails to process for a subsequent shipment, you agree that ElanMD™ may contact you on any phone number (including a cell phone number) or e-mail address provided by you for alternate payment information. If you fail to pay for any product or service received, your account may be sent to collection. UNLESS OTHERWISE INDICATED, ALL SALES ARE FINAL AND NON-REFUNDABLE. The fees associated with your purchases will appear on your Payment Method statement through the identifier “CMG,LLC”. All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use the Products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of ElanMD™ in effect at any given time. Upon reasonable prior notice to you (with Site-updates and/or e-mail sufficing), ElanMD™ reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. NO WARRANTY.YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND, AND ELANMD, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND OF NON INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, ELANMD PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ELANMD OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. Assumption of Risk. You acknowledge that the Application is designed to provide you with health related information based on your use of the Application, but under no circumstances does the content, data, and/or information supplied to you through the Application constitute medical advice, diagnosis, recommendations, or treatment of any kind by ElanMD, nor should the Application or any content, data, and/or information provided to you be used for medical emergencies or urgent situations. Always consult with a physician or other qualified health care provider with any questions that you may have related to a medical condition or concern. If you think you may have a medical emergency, call your doctor or 911 immediately. By granting you the right to use the Application and access the Services, ElanMD does not assume any obligation or liability related to your health or medical conditions. Under no circumstances shall ElanMD be liable for any death or bodily injury that you suffer or that you cause to any third party in connection with your use of the Application or related to any action or inaction you take in connection with your use of the Application. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELANMD OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, PRIVACY RELATED CLAIMS, ACTIONS, OR DAMAGES, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY OTHER INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THE FOREGOING LIMITATION SHALL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ELANMD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In no event shall ElanMD’ s total aggregate liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of ten thousand dollars ($10,000.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. User Submitted Information. You acknowledge that you have read our Privacy Policyfor additional information on ElanMD’ s practices for handling personally identifiable information that you provide to ElanMD through your use of, and in connection with, the Application. When you decide to provide information to register for or participate in this Application, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you. Furthermore, you acknowledge that you, and not ElanMD, assume full responsibility for the accuracy and security of any information that you enter into the Application and that you will check the accuracy of the e-mail address and other information prior to using any services of ElanMD. You agree that you will not upload or transmit any communications or content of any type to any public areas that infringe or violate any rights of any party. By submitting communications or content to a public area, you agree that such submission is non-confidential for all purposes. Furthermore, ElanMD may include an option that allows users to send any electronic data related to your use of the Application to separate, outside electronic communications that you provide to ElanMD. You expressly agree that ElanMD is not liable for any breach of privacy that may occur after you request your information to be sent via electronic communications to separate, outside electronic communications. Restriction on Export. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US. Commercial Items. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefore, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors. You agree to indemnify, defend, and hold ElanMD and its affiliates and their respective officers, directors, managers, partners, employees, agents, licensors, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of this Agreement, (ii) your use of material or features available on the Application in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations. Waiver of Jury Trials and Binding Arbitration. YOU AND ElanMD ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. This binding arbitration provision applies to any and all Claims that you have against us, our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, and against all of their respective employees, agents, or assigns, or that we have against you; it also includes any and all Claims regarding the applicability of this arbitration clause or the validity of the Agreement, in whole or in part. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”) [including, if appropriate, the Procedures for Large, Complex Commercial Disputes and the International Commercial Arbitration Supplementary Procedures and the Supplementary Rules for Class Arbitration’s. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionably challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our Regulatory Counsel at PO Box 11960 San Juan, PR 00922-1960. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of the terms of this Agreement and/or these arbitration provisions in paragraph q and r hereof, including but not limited to any claim that all or any part of the Agreement is void or voidable. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and ElanMD. The Arbitration shall be held either: (i) at a location in the county that you reside or (ii) at such other location as may be mutually agreed upon by you and ElanMD; or (iii) at your election, you may choose to have the arbitration conducted by telephone, based on written submissions. The Arbitrator (i) shall apply internal laws of the Common Wealth of Puerto Rico consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Texas or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief. ElanMD may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after ElanMD has given notice of such modifications and only on a prospective basis for claims arising after the effective date of such notification. This Arbitration Agreement shall survive: (i) termination or changes in the Agreement, and the relationship between you and us concerning the Agreement; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this Arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Limitation of Time to Bring Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. Notice. We reserve the right to and may provide any notice, including notice regarding a security incident or data breach, to you under this Agreement by: (i) sending a message to the e-mail address you provide (as applicable); (ii) posting to the ElanMD website; (iii) providing a notice through the Application; (iv) through major statewide media; and/or (v) telephonic means, including calls and/or text messages, even if sent via automated means including automated dialers, standard text and data messaging rates may apply from you carrier. Notices sent by e-mail will be effective when we send the e-mail, notices we provide by posting will be effective upon posting, and notices we provide through telephonic means will be effective when transmitted or dialed. You consent to receiving electronic communications from ElanMD relating to the Application and your account. It is your responsibility to keep your e-mail address and any other contact information you provide to us current. Changes to this Agreement. ElanMD reserves the right, in its sole discretion, and at any time and from time to time, to modify this Agreement. You are free to choose to accept a modified version of this Agreement or not, but accepting this Agreement, as modified, is required for you to continue using the Application. You may have to “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of any modified version of this Agreement, you may be required to terminate your use of the Application. All changes are effective immediately when we post them. Any changes to the dispute resolution provisions set out herein will not apply to any disputes for which the parties have actual notice before the date the change is posted. Your continued use of the Application following the posting of the revised Agreement means that you accept and agree to the changes; if you do not agree then you must delete the Application and no longer use the Application. Successors and Assigns. ElanMD may freely assign and delegate its rights and obligations under this Agreement without notice to you, including but not limited to the right to use the data it collects and maintains, subject to the Privacy Policy. You shall not assign or delegate any of your rights or obligations under this Agreement. This Agreement is binding upon the parties hereto and their respective successors and permitted assigns. Complete Agreement, Survival, Third-Party Beneficiaries, Waiver, Severability Complete Agreement.This Agreement and our Privacy Policy constitute the entire agreement between you and ElanMD with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether oral or written. All provisions relating to ElanMD’ s proprietary rights, payments of fees, disclaimer of warranties, limitation of liability, arbitration, and any other provisions of the Agreement expressly stated to survive or which by their nature, extend beyond the termination of this Agreement, shall survive the termination of this Agreement. No Third-Party Beneficiaries. Except as otherwise set forth herein, this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than you. Severability. In the event any term or provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the term or provision will be amended to achieve as closely as possible the effect of the original term or provision and all other provisions of this Agreement will continue in full force and effect. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ElanMD. Privacy Policy Elan MD™, Inc. (“Elan MD™,” “we,” “us,” or “our”) recognizes the importance of protecting the privacy of your personal information, and we have prepared this Privacy Policy to provide you with important information about the privacy practices applicable to the Elan MD™ telemedicine platform and any website or service that links to or refers to this Privacy Policy (collectively, the “Services”). In addition, individually identifiable information that you provide to us for purposes of obtaining medical care (such information is also referred to as “Protected Health Information” or “PHI”) will also be subject to the regulations of the Health Insurance Portability and Accountability Act (“HIPAA”). We are required by law to maintain the privacy of your PHI and to provide you with this Privacy Policy of our legal duties and privacy practices with respect to your PHI. We are also obligated to notify you following a breach of unsecured PHI. When we use or disclose your PHI, we are required to abide by the terms of this Privacy Policy (or other notice in effect at the time of the use or disclosure). COLLECTION OF INFORMATION We may collect the following kinds of information you provide directly to us when you use the Services: For certain activities, such as when you register, use our telemedicine services, subscribe to our alerts, or contact us directly, we may collect some or all of the following types of information: Contact information, such as your full name, email address, mobile phone number, and address; Username and password; Payment information, such as your credit card number, expiration date, and credit card security code; For health care providers, information about your employment, such as your job title, practice area, primary specialty, and medical license status, gender, date of birth, languages spoken, educational background, address, photograph, social security number, Tax ID, NPI number, professional license information and bank account information; Personal health information, including information about your diagnosis, previous treatments, general health, and health insurance; and Any other information you provide to us. We may combine such information with information we already have about you. Information we collect automatically. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, information about the links you click and pages you view within the Services, and other standard server log information. We may also collect certain location information when you use our Services, such as your computer’s IP address, your mobile device’s GPS signal, or information about nearby WiFi access points and cell towers. We may use cookies, pixel tags, Local Shared Objects, and similar technologies to automatically collect this information. Cookies are small bits of information that are stored by your computer’s web browser. Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. Local Shared Objects (sometimes referred to as “Flash Cookies”) are similar to standard cookies except that they can be larger and are downloaded to a computer or mobile device by the Adobe Flash media player. By using the Services, you consent to our use of cookies and similar technologies. We may also collect technical data to address and fix technical problems and improve our Services, including the memory state of your device when a system or app crash occurs while using our Services. Your device or browser settings may permit you to control the collection of this technical data. This data may include parts of a document you were using when a problem occurred, or the contents of your communications. By using the Services, you are consenting to the collection of this technical data. USE OF INFORMATION We generally use the information we collect online to: Provide and improve the Services; Contact you; Fulfill your requests for products, services, and information; Send you information about additional clinical services; Analyze the use of the Services and user data to understand and improve the Services; Customize the content you see when you use the Services; Prevent potentially prohibited or illegal activities and otherwise; For any other purposes disclosed to you at the time we collect your information or pursuant to your consent. III. SHARING OF INFORMATION We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect. We do not need any type of authorization from you for the following uses and disclosures: Healthcare providers, insurance companies, and other healthcare-related entities. We may share your information with other health care providers, laboratories, government agencies, insurance companies, organ procurement organizations, medical examiners or funeral directors, and other entities relevant to providing you with treatment options and support. We may use or disclose your PHI to prevent or lessen a serious and imminent threat to a person’s or the public’s health or safety. We may disclose your PHI for the following public health activities: (1) to report health information to public health authorities for the purpose of preventing or controlling disease, injury or disability; (2) to report child abuse and neglect to public health authorities or other government authorities authorized by law to receive such reports; (3) to report information about products and services under the jurisdiction of the U.S. Food and Drug Administration; (4) to alert a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition; and (5) to report information to your employer as required under laws addressing work-related illnesses and injuries or workplace medical surveillance. Authorized third-party vendors and service providers. We may share your information with third-party vendors and service-providers that help us with specialized services, including billing, payment processing, customer service, email deployment, business analytics, marketing (including but not limited to advertising, attribution, deep-linking, direct-mail, mobile marketing, optimization and retargeting), performance monitoring, hosting, and data processing. These third-party vendors and service providers may not use your information for purposes other than those related to the services they are providing to us. Research partners. We may share your information with our research partners to conduct health-related research. Such sharing may be subject to your separate written authorization or without your consent or authorization if an Institutional Review Board or Privacy Board approves a waiver of authorization for disclosure. Corporate affiliates. We may share your information with our corporate affiliates that are subject to this policy. Business transfers. We may share your information in connection with a substantial corporate transaction, such as the sale of a website, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy. Legal purposes. We may disclose information to respond to subpoenas, court orders, legal process, law enforcement requests, legal claims or government inquiries, and to protect and defend the rights, interests, health, safety, and security of Elan MD™, our affiliates, users, or the public. If we are legally compelled to disclose information about you to a third party, we will attempt to notify you by sending an email to the email address in our records unless doing so would violate the law or unless you have not provided your email address to us. If we reasonably believe you are a victim of abuse, neglect or domestic violence, we may disclose your PHI to a governmental authority, including a social service or protective services agency, authorized by law to receive reports of such abuse, neglect, or domestic violence. We may use or disclose your PHI to a family member, other relative, a close personal friend or any other person identified by you when you are present for, or otherwise available prior to, the disclosure, if we (1) obtain your agreement; (2) provide you with the opportunity to object to the disclosure and you do not object; or (3) reasonably infer that you do not object to the disclosure. If you are not present, or the opportunity to agree or object to a use or disclosure cannot practically be provided because of your incapacity or an emergency circumstance, we may exercise our professional judgment to determine whether a disclosure is in your best interests. With your consent or at your direction. We may share information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent or direction. Federal and state law requires special privacy protections for certain highly confidential information about you (“Highly Confidential Information”). This Highly Confidential Information may include the subset of your PHI that: (1) is maintained in psychotherapy notes; (2) is about mental health and developmental disabilities services; (3) is about alcohol and drug abuse prevention, treatment and referral; (4) is about HIV/AIDS testing, diagnosis or treatment; (5) is about sexually-transmitted disease(s); (6) is about genetic testing; (7) is about child abuse and neglect; (7) is about domestic abuse of an adult with a disability; or (8) is about sexual assault. In order for us to disclose your Highly Confidential Information for a purpose other than those permitted by law, we must have your written permission on an authorization form. If you choose to engage in public activities on the Site or third party sites that we link to, you should be aware that any information you share there can be read, collected, or used by other users of these areas. You should use caution in disclosing personal information while participating in these areas. We are not responsible for the information you choose to submit in these public areas. SECURITY We use reasonable measures to help protect information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information. YOUR CHOICES You may opt out of receiving general health and wellness or treatment options that may be relevant to you by emailing us at [email protected]. You may also request that we delete your personal information by sending us an email at [email protected]. You may be able to refuse or disable cookies by adjusting your web browser settings. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). Please note that you may need to take additional steps to refuse or disable Local Shared Objects and similar technologies. If you choose to refuse, disable, or delete these technologies, some of the functionality of the Services may no longer be available to you. California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their direct marketing purposes in the preceding calendar year. We do not share personal information with third parties for their own direct marketing purposes. You have the right to request a restriction on the uses and disclosures of your PHI (1) for treatment, payment and health care operations purposes, and (2) to individuals (such as a family member, other relative, close personal friend or any other person identified by you) involved in your care or with payment related to your care. Unless otherwise required by law, we are required to comply with your request for this type of restriction. For all other requests for restrictions on use and disclosures of your PHI, we are not required to agree to your request, but will attempt to accommodate reasonable requests when appropriate. If you wish to request additional restrictions, please email [email protected] to obtain a request form. You may request access to your medical record file and billing records maintained by us in order to inspect and request copies of the records. Under limited circumstances, we may deny you access to a portion of your records. If you would like to access your records, please email [email protected] to obtain a Record Request Form. If you request copies, we will charge you a cost-based fee, that includes (1) labor for copying the PHI; (2) supplies for creating the paper copy or electronic media if you request an electronic copy on portable media; (3) our postage costs, if you request that we mail the copies to you; and (4) if you agree in advance, the cost of preparing an explanation or summary of the PHI. You have the right to request that we amend PHI maintained in your medical record file or billing records. If you desire to amend your records, please email [email protected] to obtain an Amendment Request Form. We will comply with your request unless we believe that the information that would be amended is accurate and complete or other special circumstances apply. Upon request, you may obtain an accounting of certain disclosures of your PHI made by us during any period of time prior to the date of your request provided such period does not exceed six years. CHILDREN We do not knowingly allow individuals under the age of 18 to create accounts that allow access to our Services. VII. CHANGES TO THE PRIVACY POLICY We may update this Privacy Policy from time to time. When we update the Privacy Policy, we will revise the “Effective Date” date above and post the new Privacy Policy. We recommend that you review the Privacy Policy each time you visit the Services to stay informed of our privacy practices. VIII. QUESTIONS If you have any questions about this Privacy Policy or our practices, please email us at [email protected] All capitalized terms used in this Consent to Telehealth but not defined herein have the meanings assigned to them in the Terms of Use. For avoidance of any doubt , the terms "ELANMD", "we", "us", or "our" refer to ElanMD, LLC and the terms “I”, "you" and "yours" refer to the person using the Service. USE OF TELEHEALTH / TELEMEDICINE Telemedicine involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a member who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or member education, and may include, but is not limited to: i. Electronic transmission of medical records, photo images, personal health information or other data between a member and a healthcare provider; ii. Interactions between a member and healthcare provider via audio, video and/or data communications; and iii. Use of output data from medical devices, sound and video files ANTICIPATED BENEFITS OF TELEMEDICINE i. Can be easier and more efficient for you to access medical care and treatment. ii. You can obtain medical care and treatment at times that are convenient for you. iii. You can interact with providers without the necessity of an in -office appointment. POTENTIAL RISK OF TELEMEDICINE While the use of telehealth in the delivery of care can provide potential benefits for you, there are also potential risks associated with the use of telehealth and other technology. These risks include, but may not be limited to the following: i. Information transmitted to your provider(s) may not be sufficient to allow for appropriate medical decision making by the provider(s). ii. The inability of your provider(s) to conduct certain tests or assess vital signs in - person may in some cases prevent the provider(s) from providing a diagnosis or treatment or from identifying the need for emergency medical care or treatment for you. iii. Your provider may not be able to provide medical treatment for your particular condition via telemedicine and you may be required to seek alternative care. FORM). SIGNATURE AND ON-GOING AGREEMENT TO THESE TERMS OF USE (IN WHATEVER THAT SUCH ON-GOING ACTIONS IN USING THE SITE CONSTITUTE A LEGAL ACCOUNT OR USE THE SERVICE. YOU ARE AGREEING TO THESE TERMS OF USE AND THIS CONSENT. IF YOU DO NOT AGREE TO THIS CONSENT, DO NOT CREATE AND ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY FORM OF THE SAME PRESENTED TO YOU FROM TIME TO TIME ON THE SITE. YOU ACCEPTANCE AND CONSENT FOR THESE TERMS OF USE AND/OR ANY OTHER SUCH I/YOU UNDERSTAND THAT CLICKING/CHECKING THE “I AGREE” BOX SIGNIFIES YOUR INFORMED CONSENT REGARDING USE OF TELEHEALTH TELEHEALTH CONSENT ElanMD iv. Delays in medical evaluation/treatment could occur due to failures of the technology. v. Security protocols or safeguards could fail causing a breach of privacy. vi. Given regulatory requirements in certain jurisdictions, your provider(s) treatment options, especially pertaining to certain prescriptions may be limited. vii. a lack of access to all of your medical records may result in adverse drug interactions or allergic reactions or other judgment errors. DATA PRIVACY AND PROTECTION The electronic systems used in the Service will incorporate network and software security protocols to protect the privacy and security of your information, and will include measures to safeguard data against intentional or unintentional corruption. Personal information that identifies you or contains protected health information will not be disclosed to any third party without your consent, except as authorized by law for the purposes of consultation, treatment, payment/billing, and certain administrative purposes, or as otherwise set forth in your Provider's Notice of Privacy Practices. YOUR ACKNOWLEDGMENTS By clicking “I Agree”, checking a related box to signify your acceptance, using any other acceptance protocol presented through the Service or otherwise affirmatively accepting this consent, you are agreeing and providing your consent with respect to the following: i. Healthcare services provided to you by indepent Providers via the Service will be provided by telehealth. In some cases, your treating Provider may be a nurse practitioner or physician assistant and not a physician. ii. I have read this special Consent to Telehealth carefully, and understand the risks and benefits of the use of telemedicine in the medical care and treatment provided to me through ElanMD’s platform by "Providers". iii. I give my informed consent to the use of telemedicine by providers affiliated with ElanMD. iv. I understand that the delivery of healthcare services via telemedicine is an evolving field and that the use of telemedicine in my medic al care and treatment may include uses of technology not specifically described in this consent. v. I understand that while the use of telemedicine may provide potential benefits to me, as with any medical care service no such benefits or specific results can be guaranteed. My condition may not be cured or improved, and in some cases, may get worse. vi. I understand that "Providers" may determine in his or her sole discretion that my condition is not suitable for treatment using telemedicine, and that I may need t o seek medical care and treatment in-person or from an alternative source. vii. I understand that the same confidentiality and privacy protections that apply to my other health care services also apply to these telemedicine services. viii. I understand that I am choosing to have my prescription, if given, filled by ElanMD affiliated network pharmacy (Midtown Pharmaceuticals, LLC, Rockville, MD 20852), and delivered to my address. I understand I can change my pharmacy at anytime by contacting customer service. I understand that by choosing a pharmacy other than an ElanMD network pharmacy I will be charged the full amount for this service, I am not guaranteed free shipping and my prescription may cost more. ix. I understand that I have access to all of my health and wellness information pertaining to the telemedicine services in accordance with applicable laws and regulations. x. I understand that I can withhold or withdraw this consent at any time by emailing ElanMD with such instruction. Otherwise, this consent will be considered renewed upon each new telemedicine consultation with "Providers". xi. I agree and authorize my health care provider to share information regarding the telemedicine exam with other individuals for treatment, payment and health care operations purposes xii. I agree and authorize my health care provider to release information regarding the telemedicine exam to ElanMD and its affiliates. If you have a concern about a medical professional, you may contact the Medical Board in your state regarding your concerns.