TERMS AND CONDITIONS

Last updated: November 29, 2024

IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911.

PLEASE NOTE: THE DISPUTE RESOLUTION SECTION OF THESE TERMS AND CONDITIONS INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIAL, WHICH AFFECT HOW DISPUTES WITH MOLDCO ARE RESOLVED. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO BE BOUND BY ALL OF ITS PROVISIONS. PLEASE READ THOSE PROVISIONS CAREFULLY.

The Immune Co. d/b/a  MoldCo, together with its affiliates (collectively, “MoldCo” or “we”) owns and operates the website(s) located at moldco.com together with corresponding web and/or mobile applications (collectively, the “Platform”). Your access to and use of the Platform, including MoldCo-provided content as well as any products offered for sale by MoldCo through or in connection with the Platform (such content, offering of products, and use of the Platform collectively, the “Platform Services”) are governed by these Terms and Conditions (“Terms”).  

By accessing the Platform, you agree to these Terms and you acknowledge the applicability of our Privacy Policy. If you do not accept and agree to be bound by these Terms, you may not use the Platform Services. We may change or revise these Terms at any time on a going-forward basis, and your continued use of the Platform or any other aspect of the Platform Services will mean you accept and agree to those changes. We will post notice on the Platform or otherwise notify current Customers (defined below) of any material changes to these Terms. 

CONTENTS

Eligibility and Limited Nature of the Services

Your Relationship With Us and with Third-Party Providers

Third-Party Providers of Healthcare Services

Consent for Telehealth Services

Communications and Notices

Your Financial Responsibility for Services

Subscriptions and Other Payments

Not an Insurance Product

Disclaimers

Registration and User Accounts

Restrictions on Use

Privacy 

Intellectual Property

Prohibited Use

Limitation of Liability

Indemnification

Termination

Governing Law; Dispute Resolution

Miscellaneous Provisions

Contact Information

Not an Insurance Product

Eligibility and Limited Nature of the Services

You must be 18 years of age or older (and at least any older age of majority in your state) and reside in the United States to use the Platform Services, and for certain Healthcare Services (defined below) you must be located in a state in which those Healthcare Services are offered. By visiting the Platform or accessing any other aspect of the Platform Services, you represent that you meet these eligibility requirements and that you have the right and capacity to agree to and abide by these Terms. You also agree that you will use the Platform Services and the Healthcare Services (collectively the “Services”) in a manner consistent with all applicable laws. 

If you are a parent or legal guardian providing consent and active oversight for an individual minor who is under the age of eighteen (18) (or a higher age of majority under applicable state law), references in these Terms to “you” refer to you as parent or guardian and/or the individual minor, as applicable in the context of such reference. You as parent or legal guardian represent and warrant that (i) you are the parent or legal guardian for such minor and have all legal power and authority to provide consent for the use of the Services by the minor; (ii) when you use the Platform Services to consult with a Third-Party Provider (defined below), you and the minor are located in the same state as the shipping address you provide in your MoldCo account at the time that you conduct such consultation; (iii) you will comply with all applicable laws in visiting, accessing, registering for, and using the Services; and (iv) you will only use the Services in a lawful manner and for lawful purposes. Please contact support@moldco.com if you are a parent or legal guardian of an individual under the age of eighteen (18) (or under any older age of majority in your state) who you believe has used the Services directly, without the constant oversight and involvement of a parent or legal guardian.

NOTE THAT THE SERVICES RELATE ONLY TO CERTAIN MOLD-RELATED CONCERNS. THE USE OF THE SERVICES WILL NOT ADDRESS OTHER HEALTH CONDITIONS OR CONCERNS, EVEN IF SUCH CONDITIONS OR CONCERNS HAVE SYMPTOMS THAT ARE SIMILAR TO THE MOLD-RELATED CONCERNS THAT MAY BE THE SUBJECT OF THE SERVICES. 

Certain products available through the Services may be subject to age restrictions, and not all Services and related products are available to individuals of any age. In addition, the Services are subject to state and federal regulations and other laws and the provision of the Services and associated terms of service may be updated from time to time due to changes in applicable regulatory requirements.

In some cases, the Service may not be the most appropriate way for you to provide information to, communicate with or seek medical or other healthcare treatment or products from a healthcare provider. For example, certain medical conditions may require an in-person evaluation or procedure and/or the services of a healthcare provider other than one of the Third-Party Providers available through the Platform. Moreover, a Third-Party Provider consulting with you via the Platform may determine that your evaluation, diagnosis and/or treatment requires an in-person office visit or otherwise cannot be appropriately addressed through use of the Services. In such a case, you may receive notification that you will not be permitted to use the Services for a particular condition or concern, in which case the Third-Party Provider may suggest some potentially available next steps for your consideration (although any such suggestions should not be considered to be healthcare advice).

Your Relationship with Us and with Third-Party Providers

Platform Services are available to individuals who register and are provided access to the Platform (“Customers”). The Platform Services include access to and the ability to purchase certain services and/or products provided by third-party healthcare practitioners, pharmacies, or laboratories via the Platform Services (“Healthcare Services” provided by “Third-Party Providers”). Importantly, although we may offer for purchase subscription-based or other access to and use of Healthcare Services, MoldCo does not provide Healthcare Services. Heathcare Services are provided subject to applicable regulations and other laws as well as any service terms of the Third-Party Provider.  MoldCo’s role is limited to making certain Healthcare Services related information available to you and/or facilitate your access to Healthcare Services.  Any information or advice received from a Practitioner comes from the Practitioner or Medical Group alone, and not from MoldCo. Your interactions with Practitioners via the Platform are not intended to take the place of your relationship with your regular health care practitioners. MoldCo does not make any representations or warranties about the training or skill of any Third Party Providers who provide services via the Platform. You acknowledge that your reliance on any Providers, Medical Groups, Labs or Pharmacies, or information provided by the Providers or Medical Groups via the Services is solely at your own risk and you assume full responsibility for all risk associated therewith.

If you enroll in a Program (defined below) and become a Member, you may use the Platform to arrange and/or host video, telephone or electronic mail medical consultations with a licensed physician, electronic medical record storage, and certain other related products and services (collectively, the “Telehealth Services”) during your Subscription term.

MoldCo does not engage in the practice of medicine or provide any Healthcare Services. We do not control or interfere with the practice of medicine or other provision of healthcare services or medicine by any Third-Party Provider, including any Provider Groups, each of which is solely responsible for directing the medical care, laboratory services, medicine and/or other treatment, medicine, or services they provide to you. You acknowledge and agree that, by using the Platform Services to enter into a doctor-patient or other healthcare provider-patient relationship with one or more of the Third-Party Providers, you are not entering into a doctor-patient or other health care provider-patient relationship with MoldCo. 

Third-Party Providers of Healthcare Services

The Platform offers access to licensed Healthcare Services provided by Immune Co Medical Group PA ( “Medical Group”), which employs or contracts with physicians and other healthcare practitioners for such Services (the Medical Group and such physicians and other practitioners collectively, “Practitioners”).   

In addition to access to Practitioners, the Platform Services may provide access to prescription fulfillment services (“Pharmacies”) and heath care laboratories (“Labs”). Participating Pharmacies and Labs will be identified on the Platform.  

Practitioners, Pharmacies, and Labs are Third-Party Providers under these Terms. As stated above, your use of their products and services are subject to applicable regulations and other laws as well as the applicable product and/or service terms of the Third-Party Provider. You agree that MoldCo shall not be responsible or liable for any loss or damage incurred as the result of your receipt and/or use of the Healthcare Services. In the event of any dispute between you and any Third-Party Provider or any other third party concerning the Healthcare Services, you understand and agree that MoldCo shall not be obligated to become involved in such dispute, and you hereby release and agree to indemnify and hold harmless MoldCo and its corporate parents, subsidiaries, and affiliates (other than the Medical Group), and all of their respective contractors, directors, officers, employees, representatives, partners, shareholders, principals, agents, predecessors, successors, and assigns from any and all claims, demands, and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of any claim or dispute concerning the Healthcare Services (other than with respect to registration and payment for such products and services). 

We collect payment for certain Services provided by Third Party Providers including the Labs, Pharmacies, and Medical Group on behalf of the Practitioners as their respective collection agents. You will be notified of the fees for such Healthcare Services on the Platform.  The Services are currently only available to individuals who are located in states in which we offer the Services.

You hereby certify that you are physically located in the state you have entered as your current location in connection with using the Platform to obtain Healthcare Services.  You acknowledge that your authorization to use the Platform and access Healthcare Services is conditioned upon the truthfulness of this certification, and that the Practitioners you access through the Platform are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify MoldCo, Practitioners and Medical Group from any resulting damages, costs, or claims.  

Note that Medical Group provides certain clinical services for MoldCo.  Medical Group is an independent, physician-owned medical group with a network of United States based providers who provide clinical telehealth services in states where legally permitted to do so via the Platform to customers of MoldCo.

Prescription Products and Services

You will not be able to obtain a prescription product through the Services unless you have completed a consultation with one of the Practitioners, the Practitioner has determined the prescription product is appropriate for you, and the Practitioner has written a prescription. You acknowledge that you have freedom of choice of pharmacy.  If you do not communicate a different choice of pharmacy (by using any available Platform functionality or by emailing support@moldco.com), a prescription by a Practitioner in connection with the Healthcare Services may be communicated electronically by the Practitioner or MoldCo on the Practitioner’s behalf and such order may be filled by and transferred to one or more of the Pharmacies. Not all prescriptions fulfilled by the Pharmacies use child-resistant packaging and your prescription product may not be dispensed in a child-resistant container. Furthermore, not all prescription products are available through the Services, and you may only have the option to have your prescription filled using a separate pharmacy of your choosing.

If you complete a consultation with a Practitioner and you receive a prescription that is filled through one of the Pharmacies, the prescription product will be shipped to you by the applicable Pharmacy. Unless otherwise specified, the costs of such prescription product and shipping are included in the Subscription Fee (defined below). However, if you fill a prescription written by a Practitioner in connection with the Services using a separate pharmacy, you will be responsible for picking up or obtaining delivery of the prescription product and you will be responsible for the costs of the prescription product and such shipment and/or delivery.

MOLDCO DOES NOT REPRESENT OR PROVIDE ANY ASSURANCE OR GUARANTEE THAT ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU IN CONNECTION WITH ANY HEALTHCARE SERVICES YOU OBTAIN THROUGH THE PLATFORM.  NOTE THAT PRACTITIONERS DO NOT PRESCRIBE DEA-CONTROLLED SUBSTANCES, SUCH AS THOSE CONTAINING OPIOIDS OR AMPHETAMINES, THROUGH THE PLATFORM.  Practitioners may deny care in accordance with their professional judgment.

Laboratory Products and Services

Certain products and services are available from Labs through the Platform, including at-home testing kits and analysis services. Such products and services may require a valid prescription or order by a licensed healthcare provider, and you may not be able to obtain such products and services through the Services unless you have completed a consultation with a Practitioner, the Practitioner has determined the Lab-provided product or service is appropriate for you, and the Practitioner has prescribed or ordered the product or service.  Lab Services will not be provided to you if the Practitioner does not authorize your request and order the applicable test. [In the event that a Practitioner does not ultimately authorize a Test Service, we will refund the applicable fees you paid for the Lab Services.]

If you receive prescribed or ordered laboratory products or services from a Lab through the Platform, the applicable testing materials will be shipped and results may be provided to you by the applicable Lab. Unless otherwise specified, the costs of such products or services as well as shipping are included in the Subscription Fee (defined below). However, if you obtain laboratory products and services using or in connection with the Platform Services that do not require a prescription or order (“Customer-Direct Lab Services”), or if you obtain any Practitioner-prescribed or ordered laboratory product or service from a laboratory other than the Labs, you will be responsible for picking up or obtaining delivery of the test kit and/or results, and you will be responsible for the costs of the laboratory product or service and such shipment and/or delivery.

Customers residing in certain states, including, New York, New Jersey, and Rhode Island who purchase Customer-Direct Lab Services have the right under their respective state patient billing laws to request an itemized price list from the Lab for their laboratory tests or the Lab may be required to bill the Customer direct for such Lab Services including Customer Direct Lab Services.

You acknowledge and agree that, you have freedom of choice of laboratory and that you may indicate that you want to use a different laboratory (by using any available Platform functionality or by emailing support@moldco.com).  If you do not communicate a different choice of laboratory, a prescription or order by a Practitioner in connection with the Healthcare Services may be communicated electronically by the Practitioner or MoldCo on the Practitioner’s behalf and such order may be filled by and transferred to one or more of the Labs. In some cases, prescribed or ordered laboratory products and services may not be available through local laboratories. Conversely, not all laboratory products and/or services are available through the Labs, and you may have to obtain the ordered laboratory product or service from a separate laboratory of your choosing.

Standalone Products and Services

Separate and apart from the Healthcare Services, MoldCo may make available to you for purchase using or in connection with the Platform Services certain products and services from third parties, which can be purchased without an order or prescription from a healthcare practitioner (“Standalone Products and Services”). Such products and services include the Lab Services described above, as well as various health-related products available on the Platform and/or by contacting MoldCo by email. Payment for Standalone Products and Services, including any associated shipping charges, is not included in any Subscription. Moreover, MoldCo is merely a reseller of such products and services, which are provided pursuant to the terms, warranties, conditions, and privacy practices established by the manufacturer or provider of such products and services. Except to the extent otherwise required by applicable law, MoldCo disclaims all warranties, representations, and liability or responsibility for the use, performance, characteristics, quality, or any other aspect of the Standalone Products and Services. In the event of any dispute between you and any third party concerning the Standalone Products and Services, you understand and agree that MoldCo shall not be obligated to become involved in such dispute, and you hereby release and agree to indemnify and hold harmless MoldCo and its corporate parents, subsidiaries, and affiliates (including the Medical Group), and all of their respective contractors, directors, officers, employees, representatives, partners, shareholders, principals, agents, predecessors, successors, and assigns from any and all claims, demands, and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of any claim or dispute concerning the Standalone Products and Services (other than with respect to ordering and payment therefor using or in connection with the Platform Services).

Note that some of the persons or entities holding ownership interests in MoldCo may also hold an ownership interest in the third-party manufacturers or providers of Standalone Products and Services, as permitted by applicable law.

Test Results (Stand Alone Labs)

If you receive a laboratory test accessed through the Platform and your test is successfully processed by the relevant Lab, the results of the Lab Services (" Test Results") will be made available to the [ordering Practitioner, who will release the Test Results to us, who will make them available to you through the Platform.] Except as expressly indicated in the Test Service's packaging or Platform description information all Test Services are intended for informational, educational and wellness purposes only. Accordingly, whether or not the Lab performing the Test Services indicates in the Test Results that said results are "positive," "reactive," "detected," "elevated" or any other indication, the Test Results are not intended to diagnose or treat a disease or condition. Furthermore, due to the nature of the Test Services, neither we nor the Lab warrant that the Test Results will be entirely or 100% accurate. Inaccuracies can arise from a number of factors. For example, certain infections, such as sexually transmitted infections, may remain undetectable for an extended period of time due to varying incubation periods. Additionally, there can be instances of "false-positive" and "false-negative" test results, resulting, for example, in an individual who has a specified condition or biomarker receiving a "false negative" Test Result. Accordingly, if you have a "positive," "reactive," "detected," or "elevated" Test Result, or have concerns about your Test Results, you will need a further confirmatory diagnostic test.  If you require any further information, you agree to contact us or a licensed healthcare professional for further information.

Communications and Notices

You acknowledge and agree that MoldCo and/or Practitioners may provide you electronic messages and reports via the Platform regarding your diagnosis and/or treatment and any other aspect of the Services. MoldCo is not responsible for the security or privacy of computer, software, and network tools you use to access or receive such messages and reports. 

If you provide your cell phone number (optional), you consent and agree to receive SMS/text messages from MoldCo and/or Practitioners concerning resources, updates, scheduling, safety or security notifications, and other important information. You understand that you should not send us any sensitive information through SMS/ text messaging. You can withdraw your consent and opt out of receiving SMS/text communications at any time by replying "STOP" to our messages or otherwise following the instructions included in the messages we send.

Consent for Telehealth Services

Telehealth involves the delivery of health care services using electronic communications, information technology, audio/visual technology, and other means between a healthcare provider and a patient who is not in the same physical location. While the provision of health care services using telehealth may offer potential benefits, there are also potential risks associated with the use of telehealth. Telehealth services are not a substitute for in-person care in all cases. In order to use the Healthcare Services, you will be required to review and agree to one or more informed consents regarding the use of telehealth by Third-Party Providers (“Patient Consents”) that will be provided to you via the Platform. You agree that MoldCo and Medical Group may rely on such consents (as may the applicable Third-Party Provider) in connection with the Services.

Your Financial Responsibility for Services

MoldCo and the Medical Group are not enrolled with, and are not participating providers with, any federal or state healthcare payment programs (e.g., Medicare, Medicaid) with respect to the provision of any healthcare products or services, and, accordingly, neither you nor MoldCo or the Medical Group may receive payment from such programs for Healthcare Services provided or made available by MoldCo or the Medical Group, or for any Standalone Products and Services provided or made available by MoldCo. Moreover, to the extent that any of the Pharmacies, Labs, or individual Practitioners may be enrolled in federal or state healthcare payment programs, the means through which products and services are provided or made available using the Platform typically precludes such products and services from being covered benefits under such programs. By choosing to use the Services, you understand and agree that you are choosing to purchase healthcare products and services via the Platform on a self-pay basis, without any financial assistance from any federal or state healthcare payment program, and that you are solely responsible for the costs of such products and services. Moreover, neither MoldCo nor any Third-Party Provider shall be obligated to submit a claim for reimbursement to any federal or state healthcare payment assistance program for the costs of Healthcare Services or any Standalone Products and Services.

Subscriptions and Other Payments

Pricing for the Healthcare Services made available through the Platform is as set forth on the Platform. Certain Healthcare Services are only available on a subscription basis (“Subscription”) for a corresponding, recurring fee (“Subscription Fee”) as described in the Member Subscription Agreement. Unless otherwise specified on the Platform or in the Member Subscription Agreement, Subscriptions automatically renew for the applicable subscription period (e.g., monthly or annually), and your payment method will be automatically charged at regular intervals as necessary to pay for such automatic renewals – typically, this charge will occur approximately two (2) or three (3) business days in advance of the renewal date. 

You may cancel your Subscription pursuant to the terms of the Member Subscription Agreement by contacting support@moldco.com or using any functionality provided on the Platform through your Customer account. If you cancel at least five (5) calendar days before the end of the then-current Subscription Period, your cancellation will take effect at the end of that Subscription period, and you will continue to be able to use applicable Healthcare Services for the remainder of that Subscription period. If you cancel less than five (5) calendar days before the end of the then-current Subscription Period, your cancellation will take effect at the end of the next Subscription period, and you will continue to be able to use applicable Healthcare Services for the remainder of the then-current Subscription period and the next Subscription periods. The foregoing shall be adjusted as necessary under applicable law, and MoldCo will comply with any applicable legal requirements regarding subscriptions, renewals, and cancelations. In addition, MoldCo will consider requests for accommodation on a discretionary, case-by-case basis as to automatic renewals and cancelation requirements, and we may also in our discretion agree to “pause” your Subscription for a limited, set period of time. Subscription pricing and terms may change from time to time; however, we will provide Customers with advance notice (via the Platform or otherwise) of such changes.

As noted above, certain products and services (including Customer-Direct Lab Services and other Standalone Products and Services, as well as any laboratory or pharmacy products and services you order on your own, separate from the Platform Services) are not included in a Subscription, and you are responsible for payment for those products and services. 

All Standalone Products and Services are subject to availability and we reserve the right to impose quantity limits on any order or to decline all or any part of an order. In the event of a pricing or other error, we reserve the right to correct the error and revise your order accordingly (or to cancel the order and refund any amount charged). Prices for products are subject to change from time to time. You are responsible for any applicable sales, use, duty, customs, or other governmental taxes, levies, or fees (“Taxes”) due with respect to your purchase of products or services using the Platform Service. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between payment processing services and changes in tax rates. We are not required to, and do not, collect Taxes for sales to individuals in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.

Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If your designated payment method is declined, we may but are not required to attempt to process your charge again. We and our third-party payment service providers may request, and may receive from your payment card issuer, updated payment card information, such as updated card numbers and expiration dates, for us to process future orders and Subscription Fees, to the extent permitted by applicable law and under our payment-related contracts, and you authorize us to do so. If you wish to opt out of your payment card’s updating permissions, you should contact your payment card issuer. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or payment card issuer reverses or declines to honor a valid charge to your payment card, we will seek payment by another method including a mailed statement.

Payment card transactions on the Platform are processed by a third-party online payment processing service. As of the effective date of these Terms, we use Stripe, Inc. for such services. Additional information about Stripe, including its commercial terms and privacy practices, is available at stripe.com.  

You agree to pay shipping and handling charges, if any, as indicated at the time you place an order on the Platform or otherwise through the Services. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. 

Not an Insurance Product

MoldCo and the Medical Group are not insurers or are engaged in the business of insurance. Neither these Terms nor any Member Subscription Agreement are or shall be deemed a contract for insurance. If you desire any type of health or other insurance, you must purchase such insurance separately. MoldCo makes no guarantee as to whether your use of the Platform may be combined or used with any third-party insurance. The fees paid for the Subscription are allocated as between MoldCo (for the provision of the Platform) and to Practitioners (for the provision of Healthcare Services). As applicable, fees to Practitioners cover only the rendering of medical care by the Practitioners, and do not cover the cost of any diagnostic or other laboratory tests (whether provided by a Lab or otherwise), prescription medications dispensed by a Pharmacy or medical devices, specialty medical care rendered by any third party regardless of if a Third Party Provider, any referral made by the Practitioner to another Third-Party Provider or other third party, or  any other medical care provided by anyone other than the Practitioner assigned to provide Healthcare Services to you via the Platform unless otherwise specifically set forth in the Member Subscription Agreement.

Disclaimers

Content and other information contained on the Platform are provided by MoldCo as a convenience. Users relying on Content or other information from the Service do so at their own risk. MoldCo does not make any representations or warranties about the content of any treatment response from any Practitioner the training or skill of any Practitioners who provide Healthcare Services via the Platform. You and the Practitioner are solely responsible for all information and/or communication sent or received during a telehealth consultation or other communication in connection with the Services. MoldCo does not represent or guarantee that a Platform-based medical consultation or other remote communication is the appropriate course of treatment for your particular health concern or condition. You agree to contact the Practitioner or another physician, or otherwise seek medical attention, immediately should your condition change or your symptoms worsen. Reliance on any information provided through the Platform Services is at your own risk, to the maximum extent permissible by law. If you have any concerns or questions about your health that you believe have not been adequately addressed by a Practitioner or other Third-Party Provider in connection with the Services, you should ask to consult with another Practitioner via the Platform or you should seek a consultation from another healthcare provider of your choosing separate and apart from the Platform and the Services. 

THE PLATFORM SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MOLDCO DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE PLATFORM SERVICES, INCLUDING WITH RESPECT TO ANY INFORMATION OR OTHER CONTENT PROVIDED ON OR THROUGH THE PLATFORM OR THE PLATFORM SERVICES.  MOREOVER, MOLDCO DISCLAIMS ANY WARRANTIES AS TO STANDALONE PRODUCTS AND SERVICES OR HEALTHCARE SERVICES BEYOND SUCH WARRANTIES AS ARE PROVIDED DIRECTLY AND AVAILABLE TO YOU FROM THE APPLICABLE MANUFACTURER, SUPPLIER, OR SERVICE PROVIDER, OR OTHERWISE PURSUANT TO APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, MOLDCO DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE PLATFORM SERVICES. MOLDCO ALSO DOES NOT WARRANT THAT THE SERVICES WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY OTHER DISRUPTIVE INCIDENT.

Privacy 

MoldCo understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use, and disclose your personal information in connection with the Platform Services.

As stated above, the Healthcare Services are provided by Third-Party Providers. In connection with those services, MoldCo acts as a “business associate” to the healthcare provider “covered entities” who are providing the Healthcare Services. The handling of your protected health information by Third Party Providers in connection with the Healthcare Services is governed by the Health Insurance Portability and Accountability Act including regulations promulgated pursuant thereto (“HIPAA”) and any comparable, applicable state laws. For additional information, please see the applicable Notice of Privacy Practices, which may be provided via the Platform on behalf of one or more Third-Party Providers, for additional information. To the extent that MoldCo processes any HIPAA-protected health information in connection with the Services, MoldCo does so for or on behalf of the applicable Third-Party Provider, and such processing is governed by HIPAA, any comparable, applicable state laws, and our business associate agreement with the Third-Party Provider, as may be further addressed by the applicable Notice of Privacy Practices. 

Medical Group has adopted a  Notice of Privacy Practices kthat describes how Medical Group and Practitioners use and disclose Protected Health Information. By accessing or using any part of the Service, you are acknowledging receipt of the Notice of Privacy Practices from Medical Group and Practitioner(s).

For all aspects of the Services, you should not transmit any health-related information or other sensitive information using the Platform until/unless you are (i) using the Platform to create an account, or (ii) logged in and using the Platform to receive the Services.

Intellectual Property

The Platform includes a broad array of content and functionality. All user interfaces, software, and other information and content, or portion or combination thereof, provided and made available by or for MoldCo in connection with the Platform (“Platform Content”) are protected by copyright and/or otherwise proprietary to MoldCo or its licensors, and are for use only for individual, non-commercial purposes. Note that, except as otherwise required by law, MoldCo does not make any representations regarding the accuracy, completeness, or suitability of Platform Content. 

MoldCo’s stylized name and related graphics, logos, service marks, trademarks, and trade names used on or in connection with the Services are proprietary to MoldCo and may not be used without permission, including in connection with any third-party products or services, except for permissible, non-deceptive use under applicable law. Likewise with respect to trademarks and service marks of third parties that may appear on the Platform or otherwise in connection with the Services – you may not use such trademarks and service marks without permission, including in connection with any third-party products or services, except for non-deceptive use that is permitted without regard to the trademark owner’s approval under applicable law.

MoldCo retains all of its right, title and interest in and to Platform Content. You do not acquire any ownership rights in any Platform Content or other MoldCo intellectual property under these Terms or otherwise in connection with your use of the Services. All rights not expressly granted to you herein are expressly reserved.

Without limiting the foregoing, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Platform Content other than for your own personal, non-commercial purposes and/or as expressly authorized in writing by MoldCo.

Subject to and conditioned upon your compliance with these Terms, MoldCo grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and make personal use of the Platform. If you are a current Customer, you are hereby granted a limited, non-exclusive, non-sublicensable, revocable, and non-transferable right to access and make personal use of the Platform for the purpose of obtaining Healthcare Services, which license is subject to and conditioned upon your compliance with these Terms and payment of applicable fees. 

Prohibited Use

You agree to refrain from the following in connection with any and all access to and use of the Services (including the Platform): 

• using or accessing the Platform (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law;
• conducting activities that may be harmful to others or that could damage MoldCo’s reputation;
• providing false or misleading registration details or other information;
• using or facilitating the use of scrapers, robots, or other data-gathering tools;
• posting or otherwise submitting any data, materials, content or information which is libelous, defamatory, obscene, fraudulent, deceptive, or contrary to the ownership or intellectual property rights of any other person;
• interfering with security-related features of the Platform or any other aspect of the Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse-engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Platform, except to the extent that such activity is permitted by applicable law notwithstanding this restriction; 
• interfering with the operation of the Platform Services or any user’s enjoyment of the Platform or other aspect of the Services, including by positing any content which contains or facilitates any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, interfere or manipulate in any way, or otherwise interrupt or expropriate any aspect of the Platform, any personal or proprietary information, software, equipment, or servers, or to facilitate or promote hacking or similar conduct; or
• attempting to do any of the acts described in this list, or assisting any other person in doing so. 

The foregoing prohibited uses may result in termination of your ability to access and use the Platform and/or other components of the Services, as determined by MoldCo in its sole discretion, with or without notice. In addition, MoldCo may delete any information provided by you that it reasonably believes to be fraudulent, abusive, defamatory, or obscene, or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MOLDCO WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOLDCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, FOR ANY LIABILITY NOT DISCLAIMED BY THE PRECEDING SENTENCE, MOLDCO SHALL NOT BE LIABLE FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO US BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (b) $100; OR (c) THE STATUTORY DAMAGES PRESCRIBED BY A STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY WILL NOT APPLY TO OUR LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY OUR FRAUD OR FRAUDULENT MISREPRESENTATION.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES (INCLUDING ANY CONTENT) MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT MOLDCO MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold MoldCo, Practitioners, and any other Third-Party Provider harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your negligence, fraud, violation of law, or reckless or willful misconduct, any breach by you of these Terms or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

Termination

MoldCo may terminate these Terms and/or your ability to use the Services or any of our features or services at any time and for any reason, including, without limitation, for conduct violating this Agreement or if we terminate all or part of the Platform Services. Your sole remedy as a result of any such termination shall be a pro-rata refund of any unused portion of the Subscription Fee as of the date of such termination.

In the event these Terms are terminated as to you, the provisions concerning prohibited use, intellectual property, disclaimers, limitations of liability, dispute resolution, and governing law, and other provisions which by their nature should survive, shall survive and remain applicable. You agree that if your use of the Services is terminated, you will not thereafter attempt to register for or use the Services under any different name, real or assumed, and you further agree that if you violate this restriction, you will defend, indemnify and hold Moldco and Third-Party Providers harmless from any and all claims, damages, liability, and expenses arising with respect to your continued use of the Services.

Except as otherwise provided in our Privacy Policy or as required by applicable law, Moldco shall have no obligation, whether before or after the termination of your ability to use the Platform Services, to return or otherwise provide to you or any third party on your behalf any information provided or generated concerning you. For the avoidance of doubt, the preceding sentence shall not apply to any HIPAA-protected health information that Moldco may process on behalf of a Third-Party Provider in connection with the Healthcare Services

Governing Law; Construction

Except as otherwise disclosed by any Third-Party Provider, the Services are operated from the United States. Those who choose to access the Platform and/or the Services from other jurisdictions do so at their own risk and are fully responsible for compliance with local laws, if and to the extent applicable. Access to the Services from jurisdictions where any portion of the Services is illegal or subject to foreign licensing requirements is prohibited.

The validity, interpretation, construction, and performance of these Terms shall be governed by the laws of the State of Delaware, without regard to any conflicts of law provisions.

All parts of this Terms apply to the maximum extent permitted by law. Our failure to enforce any provision of these Terms will not constitute a waiver of such right. If any provision of this Terms is not enforceable as written, then that provision shall be deemed to have been replaced with terms that most closely match the intent of the unenforceable provision but that are enforceable by law. The invalidity of a given provision under these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

We believe that most concerns or potential disputes you may have with MoldCo or the Services, or otherwise under these Terms, can be resolved by communicating with us at support@moldco.com, and you agree to so communicate with us for up to forty-five (45) days during which the parties shall make good faith efforts to resolve any such concerns or potential disputes prior to initiating litigation.  Within such forty-five day period, you and MoldCo will hold at least one telephone or video conference, at which your and/or our legal counsel may be present, to discuss resolution of your concern.  If we cannot resolve your dispute during the forty-five (45) day period, you agree that any dispute, claim, or disagreement arising out of or relating to the Services, Terms, or your relationship with us, including claims that arose before the existence of this or any prior agreement (including claims related to advertising) or claims that may arise after the termination of these Terms, shall be resolved by a court proceeding without a jury, which means you are litigation your right to a jury trial. 

You agree to pursue litigation as set forth in the preceding paragraph only on an individual basis, and you agree that you will not pursue any such litigation as a representative, class member, or in a private attorney general capacity.

BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE WAIVING YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A JURY TRIAL.

Miscellaneous Provisions

Force Majeure

Notwithstanding anything herein to the contrary, neither party shall be liable for any losses arising out of the delay or interruption of its performance of any obligations due to any act of God, nation-state attack or other act of public enemy, war, riot, flood, civil commotion, insurrection, Internet service outage, severe weather conditions, or any other cause beyond its reasonable control.

Entire Agreement

These Terms and any other written agreements that you and MoldCo may execute from time to time constitute the entire agreement between MoldCo and you in connection with your use of the Platform Services, and these Terms supersede any prior agreements between MoldCo and you regarding use of such Services, including prior versions of these Terms.

Assignment

You may not assign any of your rights under these Terms, and any such attempt will be null and void. MoldCo may, in its sole discretion, assign or transfer, without further consent or notification, this Terms and any or all of its contractual rights and obligations pursuant to these Terms, in whole or in part, to any affiliate of MoldCo or to a third party in the event that some or all of the business of MoldCo is transferred to such other third party by way of merger, asset sale, or otherwise.

Contact information

If you have any questions or concerns about these Terms, please contact support@moldco.com. We will attempt to respond to your questions or concerns promptly after receipt.