TERMS OF SERVICE

Last updated: Nov 2nd, 2024

MEDRISING, LLC IS INTENDED FOR SPECIFIC NON-EMERGENCY MEDICAL CONDITIONS AND CONCERNS.

IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR YOUR LOCAL MEDICAL PROVIDER IMMEDIATELY.

BY CLICKING “I AGREE,” CHECKING ANY BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE, OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO CREATE AN ACCOUNT OR USE MEDRISING SERVICES. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS ON YOUR BEHALF.

THIS USER AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION. UNLESS YOU TIMELY OPT-OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US, OR BETWEEN YOU AND THE MEDICAL GROUPS OR PROVIDERS, ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU FURTHER WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

I. Introduction

MedRising, LLC and its subsidiaries (collectively, “MedRising,” “we,” or “us”) own and operate the website www.medrisinghealth.com and may, now or in the future, own and operate a MedRising mobile application (collectively, the “Sites”). Your use of the Sites, any part thereof, or anything associated therewith, including services, features, content, and applications, together with the Sites, are the MedRising Service (“Services”) offered by MedRising, LLC and our affiliated professional entities for whom we coordinate healthcare offerings. Any products or services provided through the Sites or any affiliated website, software, or application owned or operated by MedRising are governed by these Terms of Service (“Terms” or “Agreement”). By accessing or using any of the MedRising Services, which include our affiliated professional entities, you agree to be bound by this “Agreement,” which is a legally enforceable agreement between MedRising, our affiliated entities, and you, the individual (“You” or “Your”). Please read this Agreement carefully as it provides important information about using MedRising Services.

II. Acceptance of the Terms

Your use of MedRising Services is subject to this Agreement and all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with, or using the Service or any information or content provided through the Service, except as necessary to review this Agreement. The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service at our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon being posted to the Platform. Unless otherwise indicated, any new content added to the Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Service. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.

III. Our Relationship with You

These Terms of Service (the “Terms”) apply to your use of any of MedRising Services, including:

  • Telehealth consultations and services offered through professional medical organizations (“Medical Groups” or “Groups”) providing healthcare services via the Sites. These Groups employ or contract with licensed medical providers (“Providers”) who deliver certain healthcare services. All medical providers offering Healthcare Services through the Sites are (i) independent professionals contracted or employed with affiliated professional entities that coordinate with MedRising Services and (ii) solely responsible for the Healthcare Services you receive.

  • Consultations provided by a medical Provider licensed in the state where you, the Patient, are located via a HIPAA-secure platform.

  • Medication prescriptions, if clinically appropriate, for both controlled and non-controlled substances regulated by the DEA, including both commercially available and compounded medications.

IV. MedRising Membership

MedRising Services make certain products and services available to registered users (“Users”), including:

  • Basic Membership, which includes use of the MedRising website and mobile applications; unlimited customer support; pharmacy and clinical care coordination; health information management; and facilitation of access to a nurse hotline if you have questions or concerns regarding prescriptions or clinical issues.

  • If prescribed, medication fulfillment through licensed compounding pharmacies (“Pharmacies”) that dispense medications to the appropriate state jurisdictions served by MedRising. MedRising does not control or interfere with the professional services provided by these Pharmacies, and each is solely responsible for their services rendered via MedRising.

V. Independent Medical Judgment

MedRising is not licensed to practice medicine and does not provide any healthcare service. MedRising does not control or interfere with healthcare services provided by independent, licensed professionals. As such, MedRising is not responsible for any healthcare services provided by medical providers or affiliated professional entities, including personal injury or property damage. MedRising facilitates access to telehealth consultations and services for users seeking care but does not make medical determinations.

VI. Pharmacy Services

By accepting this Agreement, you understand and agree that MedRising, LLC is not acting as a pharmacy and does not control or interfere with any pharmacy services. By accepting this Agreement, you understand that you may be entering into a relationship with a licensed pharmacy or pharmacy group and that MedRising does not interfere with this relationship.

VII. Electronic Communications

When you enroll in and use MedRising Services, you consent to conduct business electronically and engage in health-related activities with medical providers affiliated with MedRising. This consent includes receiving messages, notices, and disclosures to your designated mobile phone and email account. MedRising is not responsible for the security of third-party communication services you may use to receive such messages. You are responsible for monitoring and responding to communications and for complying with provider recommendations or instructions.

VIII. Laboratory Products and Services

Laboratory products and services from MedRising, including at-home testing kits, require a valid prescription or order by a licensed healthcare provider. The testing materials are shipped directly to you, with costs included in the total charged by MedRising.

IX. Third-Party Goods and Services

Services may be provided through third parties, including labs, pharmacies, and medical groups, and are governed solely between you and the third parties. MedRising has no obligation to become involved in disputes with third parties, users, or other entities.

X. Modification and Termination of Rights

MedRising may terminate or suspend access to Services, modify, or remove content or features at any time, with or without notice. Should MedRising terminate Services, the following provisions will survive termination: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration; and Class Action Waiver.

XI. Eligibility

To use MedRising Services, you must meet these eligibility requirements:

  • Be at least 18 years of age.

  • Reside in the United States in a state where MedRising Services are available.

  • Have compatible computing or mobile devices with Internet access.

MedRising reserves the right to apply new requirements at any time without notice.

XII. Privacy

MedRising is committed to protecting your privacy. Please see our Notice of Privacy Practices and Privacy Policy for details on how we collect, use, and disclose your information in connection with MedRising Services.

XIII. Contact Information

If you have questions or concerns about this Agreement, please contact us:

MedRising, LLC

Email: info@medrisinghealth.com

Phone: (305) 857-5792

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