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FuturHealth Inc. - Terms of Use

Last Updated: October 11, 2024

Carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of FuturHealth Inc. (“FuturHealth,” “we,” “us,” and “our”) Platform. Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the following:

  • fh.co and futurhealth.com (our “Websites"");
  • the FuturHealth mobile application (our “Mobile Application”); and
  • the services (“Services") made available through our Websites and Mobile Applications.

The non-medical business support services and our Websites are collectively referred to as our “Platform.”

FuturHealth contracts with SteadyMD Physician Group, P.C. (“SteadyMD""), OpenLoop Healthcare Partners P.C. (“OpenLoop”), and all members of each of SteadyMD’s and OpenLoop’s affiliated covered entities (collectively, “Medical Group”), which are independent medical groups with a network of United States based health care providers (each, a “Provider”) to provide online telehealth clinical consultations, services, and/or treatment. The professional medical services provided by Medical Group through the use of our Platform are collectively referred to in these Terms of Use as the “Services.”

By clicking “Accept,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use, our Privacy Policy. If you do not agree to be bound by these Terms of Use and our Privacy Policy, you are not authorized to access or use our Platform and/or the Services; PROMPTLY EXIT THIS PLATFORM.

Binding Arbitration. These Terms of Use provide that all disputes between you and FuturHealth that in any way relate to these Terms of Use, the Platform, and/or the Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with FuturHealth.

Patients residing in New York, New Jersey, and Rhode Island have the right under their respective state patient billing laws to request an itemized price list from FuturHealth for their laboratory tests.

1. SERVICES PROVIDED – NO MEDICAL CARE OR ADVICE

FuturHealth is not a medical group and does not provide medical, nutritional, dietary, behavioral or other advice, treatment, or care. FuturHealth provides administrative and management services to independent, physician-owned and operated, medical practices. Any telemedicine consults obtained through our Platform are provided by Providers, including but not limited to Medical Group. Medical Group is owned and operated by a licensed physician. There is no single provider of medical care called “FuturHealth.” Medical Group engages a network of United States based clinicians who provide clinical telehealth services. The Providers deliver clinical services via the Platform to their patients. FuturHealth does not provide medical advice or care, own or operate the medical practices, employ or in any way supervise the clinicians providing medical care, and control over the care provided is the sole responsibility of the independent medical practices and the Providers they employ. Services and practices may vary across Providers, and patients should contact the Providers at Medical Group directly for all questions concerning their medical care.

The Services and medical care provided by Medical Group are not intended to be a substitute for care and treatment provided by your local primary care provider. We strongly recommend all patients maintain a relationship with a local primary care provider for their ongoing medical care and treatment.

2. NOT FOR EMERGENCIES

Our Platform and the Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform. If you believe you are experiencing an emergency, call 9-1-1 immediately.

You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.

3. RISK OF TELEHEALTH SERVICES

By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of the privacy of your health information.

4. TERMS OF SALE

Shipping: When you make a purchase of our products (“Products") on the Site (an “Order"), you will be required to pay applicable shipping and processing charges and fees (“Fees"). Note that shipment of certain Products, such as meals, may come from third parties acting on our behalf. Fees are intended to compensate us for any relevant costs of processing your Order; costs of handling and packing any Products; and costs of delivering or providing the purchased Products and Services to you.

Billing, Returns, and Refunds: For additional details on billing, returns and refunds, please see our Billing, Returns and Refunds Policy here.

Special Offers: Occasionally we will offer special promotions to our customers that we refer to as “special offers.” This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a Product purchase. These offers may be for a limited time only.

From time to time, we may also offer you free trials of our subscription Services. Unless you cancel your subscription at the end of your free trial, you will automatically become a paying user for the subscription Services. The payment method that you provided will automatically be charged the current subscription fee monthly, unless you cancel before the next billing cycle. If you wish to cancel your subscription after the end of your free trial period or at any time during your subscription, you may do so by logging into your account and following the cancellation instructions at least one day before the next billing cycle.

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

5. ADDITIONAL TERMS

Some of our Services have additional terms and conditions (“Additional Terms”). If Additional Terms apply to a Service, we will make them available for you to read through for your use of that Service. By using that Service, you agree to the Additional Terms. All such Additional Terms are hereby incorporated by this reference into these Terms of Use.

6. PRIVACY PRACTICES

You agree that information provided by you in connection with the Platform and the Services shall be governed by the Privacy Policy, which is hereby incorporated and made part of these Terms of Use.

7. PRESCRIPTION PRACTICES

Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Platform, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.

If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill the prescription at any pharmacy of your choice as prompted during your use of the Services.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. We fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your Provider to transmit that prescription to the pharmacy of your choice.

8. NOT AN INSURANCE PRODUCT

We are not an insurer, nor do we offer an insurance plan or product. The amounts you pay to us for any Services obtained through the Platform are not insurance premiums.

As a FuturHealth customer, you understand that you may be enrolled in Medicare, Tricare or another insurance plan, which provides coverage for certain medical services. However, when purchasing FuturHealth prescription plans, you are choosing to opt out of using your Medicare, Tricare or other insurance plan benefits for all Services rendered by FuturHealth. This opt-out is valid during your entire course of care.

You acknowledge that by choosing to pay privately for all Services, you will not seek reimbursement from Medicare, Tricare or other insurance plan for the costs associated with these Services. You understand that you are solely responsible for payment for all Services.

You also acknowledge that you have discussed this decision with your healthcare provider and have been provided with information about the potential costs associated with all Services.

You understand that you can revoke this decision at any time and utilize your Medicare, Tricare or other insurance plan benefits for covered services provided elsewhere.

9. OWNERSHIP OF THE PLATFORM

The Platform contains confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features and functionality, and the design, selection and arrangement thereof, are owned by FuturHealth, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content").

These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, including but not limited to Content, except: (a) your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your web browser for display enhancement purposes; and (c) you may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not: (x) modify copies of any materials from the Platform or received through the Services; (y) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (z) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform.

You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of FuturHealth without our express written consent.

You must not access or use any part of the Platform or any services or materials available through the Platform for outsourcing for others or as part of a service bureau business so otherwise for the benefit of unaffiliated third parties who pay directly for its benefit or for other similar commercial purposes, or otherwise exploited for any commercial purpose without express written consent of FuturHealth.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by FuturHealth. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

10. AVAILABILITY OF SERVICES

FuturHealth operates subject to state and federal regulations, and the Platform may not be available in your state. You represent that you are not a person barred from accessing the Platform, or enrolling in or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform is limited exclusively to users located in states within the United States where the Platform is available. Services are not available to users located outside the United States. Accessing the Platform from jurisdictions where content is illegal, or where we do not offer the Platform, is prohibited.

11. ACCESS TO PLATFORM, SECURITY, AND RESTRICTIONS; PASSWORDS

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

Except for ADA accessibility purposes, you may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.

Violations of system or network security may result in civil or criminal liability. FuturHealth will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Platform or any activity being conducted on the Platform.

In the event access to the Platform or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by us. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by FuturHealth at any time with or without cause. You agree to defend, indemnify, and hold FuturHealth harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password.

If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Platform (“User Information”), you agree not to provide any User Information that (x) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (y) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (z) contains or transmits a virus or any other harmful component. You agree not to contact other Platform users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to FuturHealth and Medical Group that you have the legal right and authorization to provide all User Information to FuturHealth and Medical Group for use as set forth herein and required by FuturHealth and the Medical Group Provider.

FuturHealth or Medical Group may de-identify your information such that it is no longer considered protected health information or personally identifiable information. FuturHealth or Medical Group may use, aggregate, sell, or otherwise disclose such de-identified information to third parties for analytics, research, or any other purpose permitted by applicable law.

12. LICENSE TO USE OUR MOBILE APPLICATION (applicable only to the extent that you download the App)

FuturHealth grants to you a non-transferable license to use the Mobile Application on your mobile device that you own or control. FuturHealth reserves all rights in and to the Mobile Application not expressly granted to you under these Terms of Use. The terms of these Terms of Use will govern any content, materials, or services accessible from or purchased within the Mobile Application as well as upgrades provided by FuturHealth that replace or supplement the original App, unless such upgrade is accompanied by a new or revised Terms. You may not transfer, redistribute or sublicense the Mobile Application and, if you sell your mobile device to a third party, you must remove the Mobile Application from the mobile device before doing so. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App).

The license to use our Mobile Application is restricted as follows:

  1. Limitations on Copying and Distribution. You may not copy or distribute the Mobile Application except to the extent that copying is necessary to use the Mobile Application for purposes set forth herein.
  2. Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the App, except to the extent expressly permitted by applicable law.
  3. Sublicense, Rental and Third Party Use. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the App, or directly or indirectly permit any third party to copy and install the Mobile Application on a smartphone or tablet not owned and controlled by you.
  4. Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the Mobile Application or its documentatio
  5. Use in Accordance with Documentation. All use of the Mobile Application must be in accordance with its then current documentation, if any, provided with the Mobile Application or made available on FuturHealth’s Platform.
  6. Confidentiality. You must hold the Mobile Application and any related documentation in strict confidence for your own use only.
  7. Compliance with Applicable Law. You are solely responsible for ensuring your use of the Mobile Application is in compliance with all applicable foreign, federal, state and local laws, rules, and regulations.

13. NO USERS UNDER 18 YEARS OLD WITHOUT PARENTAL CONSENT

In order to access the Platform, you represent and warrant that you are at least 18 years old. If you are under 18 years of age, your parent or legal guardian must agree to these Terms on your behalf and you must get permission from your parent or legal guardian before using our Platform. If you are under the age of 18, do not use or provide any information on or to the Platform or through any of its features without the consent of your parent or legal guardian.

If we learn we have collected or received Personal Information from a child under the age of 18 without verification of parental consent, we will delete it. If you believe we have collected personal information from someone under the age of 18, please contact us using the Contact Information below.

14. YOUR ACCOUNT

You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform and establishing your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.

15. ACCURACY AND INTEGRITY OF INFORMATION

Although we attempt to ensure the integrity and accuracy of the Platform, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, FuturHealth shall have no responsibility or liability for information or Content posted to the Platform from any unaffiliated third party.

16. ONLINE PAYMENTS

You can pay for Services on the Platform. To simplify the user experience on the Platform, you are able to pay for your purchases via the Platform with FuturHealth serving as payment processing agent on your behalf. If you elect to purchase a Service from Medical Group, then the total price you pay includes the amount charged by Medical Group for the Service. We collect the amounts charged by Medical Group on your behalf and pass through to them the payment for their actual charges. Before making a purchase, you will see an itemized invoice listing the actual charges by Medical Group for the Services.

You represent and warrant that if you are making online payments that (a) any payment card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your payment card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant payment card and payment card information.

17. ORDER ACCEPTANCE; Typographical Errors and Incorrect Pricing

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. You will be charged when you confirm the purchase on our Platform. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.
In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers or business partners, we shall have the right to refuse or cancel any purchase of a Service listed at the incorrect price. We shall have the right to refuse or cancel any such purchase whether or not the purchase has been confirmed and your payment card charged. If your payment card has already been charged for the purchase and your purchase is canceled, we shall promptly issue a credit to your payment card account in the amount of the incorrect price.

18. LINKS TO OTHER WEBSITES

We make no representations whatsoever about any other website that you may access through the Platform. When you access a non-FuturHealth website, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to a non-FuturHealth website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to the Platform, you do this entirely at your own risk.

19. CONSENT TO RECEIVE CALLS, TEXT MESSAGES, AND AUDIO AND/OR VIDEO RECORDING

FuturHealth is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth below. E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM Act and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please contact us using the Contact Information below.

By providing your mobile number, you are agreeing to be contacted by or on behalf of FuturHealth at the mobile number you have provided, including calls and text messages, including through the use of an automatic telephone dialing system, and/or an artificial or prerecorded voice, to receive informational, product or service related (e.g., progress tracking, reminders, etc.), and commercial messages and communications relating to the Platform. Message and data rates may apply. To stop receiving text messages text a reply to us with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some of the functions provided by the Platform may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your services.

FuturHealth may record (audio and video) all or part of your interaction with us (“Recordings”). Such Recordings are used for quality assurance and training purposes, to better deliver to you the Services, and to help us improve the Platform. By accessing and using our Platform, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.

20. ELECTRONIC COMMUNICATIONS

When you use the Platform, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. FuturHealth, Medical Group, and your Provider may contact you by telephone, mail, text (SMS), or e-mail to verify your information. FuturHealth, Medical Group, and your Provider may request further information from you, and you agree to provide such further information to ensure that you have not fraudulently used the Platform. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the information to us as requested.

21. EXTERNAL SERVICES

The Platform may enable access to FuturHealth’s and/or third-party services and websites, including social media websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by the Platform or External Services, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by FuturHealth or its agents.

You will not use the External Services in any manner that is inconsistent with the terms of these Terms of Use or that infringes the intellectual property rights of FuturHealth or any third-party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that we are not responsible for any such use. External Services may not be available in all languages or in your Home Country and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.

22. NO THIRD-PARTY RIGHTS

Unless expressly stated in these Terms of Use, nothing herein is intended to confer any rights, obligations, duties, or remedies, on any person other than you, FuturHealth, Medical Group, and their affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, FuturHealth, Medical Group, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, FuturHealth, Medical Group, and its affiliates.

23. DISPUTE RESOLUTION; ARBITRATION AGREEMENT

We will try to work in good faith to resolve any issue you have with the Platform, including Services purchased through the Platform, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

You and FuturHealth agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Platform, including Services purchased through the Platform, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and FuturHealth are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and FuturHealth.

If you desire to assert a claim against FuturHealth, and you therefore elect to seek arbitration, you must first send to FuturHealth, by certified mail, a written notice of your claim ("Notice"). The Notice to FuturHealth should be addressed to: 325 West Washington St. Suite 2 9444 San Diego CA 92103 Attn: Legal Department. If FuturHealth desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by FuturHealth, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If FuturHealth and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or FuturHealth may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by FuturHealth or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org.

If you are required to pay a filing fee, after FuturHealth receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address.

The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless FuturHealth and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator).

If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

If the arbitrator issues you an award that is greater than the value of FuturHealth’s last written settlement offer made before an arbitrator was selected (or if FuturHealth did not make a settlement offer before an arbitrator was selected), then FuturHealth will pay you the amount of the award or US $1,000, whichever is greater.

Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND FUTURHEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FuturHealth agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for San Diego County, California. Both FuturHealth and you agree to waive any and all rights to a jury trial in the event this agreement to arbitrate is found to be unenforceable.

24. INDEMNIFICATION

You agree to defend, indemnify, and hold FuturHealth and any affiliates harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (a) your use or misuse of the Platform, Services, or any information posted on the Platform; (b) your breach of the Terms of Use or Privacy Policy; (c) the content or subject matter of any information you provide to FuturHealth, Medical Group, or your Provider; or (d) any negligent or wrongful act or omission by you in your use or misuse of the Platform, Services, or any information on the Platform, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

25. DISCLAIMER OF WARRANTIES

FUTURHEALTH DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. FUTURHEALTH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND LINKED WEBSITES. FUTURHEALTH DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

FUTURHEALTH WILL HAVE NO LIABILITY FOR ERRORS, UNRELIABLE OPERATION, OR OTHER ISSUES RESULTING FROM USE OF THE MOBILE APPLICATION ON OR IN CONNECTION WITH ROOTED OR JAIL BROKEN DEVICES OR USE ON ANY SMARTPHONE OR TABLET THAT IS NOT IN CONFORMANCE WITH THE MANUFACTURER’S ORIGINAL SPECIFICATIONS, INCLUDING USE OF MODIFIED VERSIONS OF THE OPERATING SYSTEM (COLLECTIVELY, “MODIFIED DEVICES”). USE OF THE MOBILE APPLICATION ON MODIFIED DEVICES WILL BE AT YOUR SOLE AND EXCLUSIVE RISK AND LIABILITY.

26. LIMITATION OF LIABILITY REGARDING USE OF PLATFORM AND SERVICES

FuturHealth AND ANY THIRD PARTIES MENTIONED ON THIS PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICE, CONTENT, OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF FUTURHEALTH TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM AND SERVICES IS $500 (FIVE HUNDRED DOLLARS).

27. NO LIABILITY OF MOBILE APPLICATION STORES AND OTHER THIRD PARTIES.

Your wireless carrier, the manufacturer and retailer of your smartphone or tablet, the developer of the operating system for your smartphone or tablet, the operator of any application store, marketplace, or similar service through which you obtain the App, and their respective affiliates, suppliers, and licensors (collectively, “Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the App. FuturHealth, and not any Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Mobile Application or your use or possession thereof, including claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Third Party terms and conditions. YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APP, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THESE TERMS OF USE OR THE APP, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE MOBILE APPLICATION AND THESE TERMS OF USE. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF USE, CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THIS AGREEMENT WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Mobile Application or your possession and use of the Mobile Application infringes a third party’s intellectual property rights, the Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

28. FORCE MAJEURE

We will not be deemed to be in breach of these terms or liable or deemed to have defaulted for any breach of these Terms of Use or our Privacy Policy for any failure or delay in fulfilling or performing any term of these Terms of Use, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, pandemic, or epidemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; and (g) other events beyond the reasonable control of FuturHealth. We will do our best to communicate with you and to provide notice within thirty (30) days of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. FuturHealth shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

29. COPYRIGHT & TRADEMARK INFORMATION

Copyright ©2024 FuturHealth, All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

30. REVISIONS; GENERAL

FuturHealth reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between FuturHealth and you pertaining to the subject matter hereof. In its sole discretion, FuturHealth may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.

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CONTACT US

If you have any questions, concerns, complaints or suggestions regarding our Terms of Use or otherwise need to contact us, you may contact us at the contact information below:

FuturHealth Address:
FuturHealth Inc.
325 W Washington St
Ste 2 - 944
San Diego, CA 92103

Phone: (831) 900-4723

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